The independent press. (Abbeville C.H., S.C.) 1853-1860, 1854-07-01
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The second, the propriety and expediency o
the contract, Then its specific terms and;con
1.sssstst, .cossTIrurIoNAL AuTHon1ry.
The power Of Congress to dispose of the pub
1 lie domain is both conferred and limited in th,
third section Of tho fourth article of the Con
stitution; whicht reads as follows:
The Congress shall have power to dispos,
of and make nll needful rules and regulation.
respecting the territory or other property be
longing to the United States: and nothing il
this Constitution shall be 80 construed as t,
prejudice anysclaims Of the United States, or o
any particular State. . r,
My Interpretation. of this section is, that Con
gress has no power to dispose of the public lands
all the State collectively in as equal q ratio a.
possible; and this general benefit SO resultine
/ from cach particular legislative enactment i
what understand to have been meant by the
trainers of the Constitution as the :. general
welfare" 81 ~ sE99s.:. E -
Without this limitation Of power and che
condition that the disposal BY Congress of the
common territory and other property of the
United States, shall not be so construed " as to
prejudice any claims of the United States, or
! of any particular State" the door for local in.
ternal improvements, the widest and most ex.
| trayagant, is thrown wide open, and, almost
resistless temptations offered to coalition OF
| large States to enter it. to the exhaustion of
all the Pecuniary resources of the Government,
and to the oppression: of the smaller States
Unlimited acquisitions ofn1ore territory, whoth-
or by conquest or purchase, would find Jealous
advocates in the very men who would profess
10 be restrained by constitutional scruples from
putting their hands into the Federal Treasury
for the benefit of their respective States. S. :
This Interpretation of the power of Congress
over the public lands is scorroborated by the
language of every deed of cession of lands by
the States to tho General Government. Virginia
ceded her public lands in 1884. under the con.
dition which appears in the following extract
from her act of cession -.,-3..t =. ~. -
/ = That all the; lands within the territory, us
eeded to the United States, and not reserve
for nor appropriated to, anyof the bcforemen-
Toned purposes or disposed Of in bountics to
the officers and soldiers Of the American army,
shall be considered as a common fund for the
use and benefit Of such of the United States as
have become, or shall become, members of this
Confederation or Federal Alliance of said States,
i've and usual proportions in the general charge
and expenditure, and shall be faithfully and
bona fde disposed of for that purpose, and for
no other use or purpose whatever.
In the same year, Massachusetts relinquished
her lands "to be disposed of for the common
benefit of the United States"
In 1886, Connecticut rclinquished her lands
to the United States for the common use and
benefit Of said States Connecticut inclusive
In 1857, South Carolina made +" a liberal ces-,
sion to the United States of her claims Ito land)
for the common benefit of the Union,"os -
n1l790. North Carolina .ceded her vacant
lands in the following words: ;,- ~, *,
virtue Of this oct, to the United States of Amer
lea and not approDriated: ma beftorarna ant;on.,d