New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-06-20

sIdeiaton of It's merits.
n II shall scem 10 you Mr.. President that the orc
have offered the message might have been spared
hope il will be sufficient defense TO say thai nose Gnu
cIn- dispose Of two-ihds Of the entire message of the
President and leave only two three points IN The whole
case 10 he examined In the hare described the
President reaches last the principal questoH VIZ wheih
or Congress has power pass this bill by virtue OF the
third section Of the fourth article of the Constitution which
il as follows; ,,,,,
I ius md REGULATORS r,~cns territory properly
United State and nothing ~ ms Constitution aha.
be ss, 20 ps s9I,sgd s t. 70 III"
The President denies tht this section contains the power
claimed by Congress. Now II apparent, hrst that the
land appropriated by the bill is part OF the territory or
other property Of the United states and secondly that
the term 10 dispose of includes any way and every
way by which Congress dives the United States Of
those lands whether By sales 10 States or individuals or
by gifts 10 States or individuals.
The bill apportions and bestows the lands among and
upon the States and therefore constitutional unless it
can be shown that the absolute power contained in that
section is limited by other provision OF the Consttu
! 0r which nhb!ts the proposed disposal OF them The
Presdon. says that there sucha inhibition and he finds
II in the last clause Of the section coaed with the 9th srt
Gle which is rs follows, to wit All debts contracted
and engagements entered into, before the adoption OF
this Constitution shall be valid against the United
d" States under the Confederation The President
brings into this connection provision contained IN the
deed by which Virginia coded her share Of the public do
rnain Of the United States, to wit Al the lands within
the Territory ceded TO the United States and not re-
served for appropriated to- an Of the before.nen-
toned purposes dpposed Of IN bountes TO the officers
and soaisrs of the American army shall be considered
United States have become shall become members
/ Of the Confederation yederal Alliance of the said
States Virginia included according rs tseir usual
@pecve proportions in e general ciBrye and expendi
iure and sha be faithfully and bora fds disposed Of for
that purpose, ana for other purpose whatever The
lrsydent adds Here the Obcc for which these lands
arc to be disposed Of is clearly set orth And be adds
that the provisions recited only contain no rlica
lion in of the conemplsted ant but furnish the
strongest authority agDinst It.
proceed TO examine this argument and remark, first,
that quoted from the Sd section Of the 9Th arti
~. And hi in 81
stituon shall be construed a to prejudice any claims
of the United States Of any particular State have no
application here.
We know historically and from the commentators in
The Fcder0l that there at the time of the adoption
of the Constitution. much uncertainty about the boundary
lines between the States and OF course their respective
titles interest in, the unOccupe domain which was
ceded bv The several States the United States and also
that all of the states interested in the said domain had not
executed deeds of cesOn at the time the Constitution
framed by the Convention: and we know from the same
evidence that the clause relied upon by the President
designed merely TO any such rights or titles which
had been and should not be coded To the United States
and also the time TO save just claims when the
United States had, by Independent ~ such deeds OF
ocsson Now il il absurd to say that the bill before u
preudce any claim of the United States; for 1t assumes
HAT the property disposed n exclusively the property
of the United States. is equally absurd to say that 1t
prcudcc the claim of any particular state FOR state
has laid claim, lay any claim to the lands in
question. 1bs disposes of the supposed Limitation IN the
Sd section of the ith article.
The 9Th article nonfestly has no relation the public
domain II is in these words All debts contracted and
Constitution shall be valid against the United States
under this Constitution under the Confederation Ii
is satisfied by applying TO the then existing public debt
and TO the then existing treaties We learn from The
Fedra that it understood by the trainers OF the
Constitution
Mr. Madison rectes ii in the 43d number of TIE fcier
mist with this remark This only be considered
"declara,ory proposition and may have been inserted
among other reasons for the satisfaction OF the foreign
creditors of the United States who cannot be strangers
Ito the pretended doctrine, that changsn the political
form of society the magical effect of dissolyng It's
"moral obligations.
There is them no limitation qualification of the abso
lutte power Congress to dispose of the domain contained
in the Constitution itself. Nor does the provision con-
tanned in the deed of ccssion from Nirgnia affect IT.
Let us conccde that the constitutional power to dis
pose of public domain affected and controlled
by the deed cf cesson from Virginia There IS nothing IN
the bill which conflicts with that provision The provi-
sion only this that the lands coded by Nrnla shall be
considered common tiRG, for the and benefit OF ri
the Sates and be faithfully and boa0 hde disposed OF 70
that purpose The bill under consideration does consider
the len millions of fund. for the and
benct of all the States and does faithfully and bona fdc
dispose of for their and equal and benefit.
But the President argues that the public domain or the
proceeds resulting from sales of IT, and not expended,
cannot be apportioned among the States but must remain
fund, which, il has been pledged heretofore.
and is now pledged hereafter il may again be pledged
for public Indebtedness. But this argument proves too
much. II would nyaldate all grants of beunty lands, IN
consideration Of pat services in the military service OF
the United States. And would equally inyalidate all
grants the construction of canals and railroads neither
Of which msdes of dsposng Of the public lands has the
President condemned
The President seeks 70 exca.e himself from this d.
lemma by raising theory which has foundation in the
Constitution in any coieinporaneous exposition oil H.
and ustifes the grants for the construction Of railroads
and canals the principle that the United States beng
landholder within the States, may lawfully give away
one portion of It's lands without consideration for the pr-
nose of thereby enhancing the value Of what remains But
is apparent that the constutonety OF grant thus
made depend upon the fact that the value of the land
ryen is not than the increase OF the value Of
what remains; and that Government must necessarily
raise price the lands retained to the utmost OF their
/ increased value Such coure is never pursued The
Government which should pursue might act rs prnent
andhoder but would at the same time, act a. an oppess
i've and tyrannca ruler This theory that the Government
must act gs prudent andholdeT, TO me altogether
fapcifu Ii Is not capable Of universal application at all
paces and under all circumstances prudent andholder
might give one-fourth of his land. in some places To
enhance the value of the rest and at other times half and
al other times threefOurhs but not everywhere ana a.
ways the same proportion. .
! theory.
! The policy which prudent andholder might pursue
merely az andholder increase the value OF his estate
might be altogether inconsistent with the policy which
great rich and bcnecent Government ought 10 pursue 10
Increase the wealth the greatness and the strength OF
nation Many prudent proprietor has changed his ale
glance to save his domain and many brave people have
sacrificed their domain to their Liberties The nted
states are not a mere landowner. They are state-a
political state. They are indeed landowner ana tnsy
lowest their functions and land speculation OushI 70 De
/ the last which they should assume $500 ,
Without tracing further this and idle theory OF pru-
don't propriertorhip il be dismissed with two re-
marks First that it altogether upon the restraining
nrovi.ion contained in the deed of cessien from ira
which applied only the original domain OF the Ihi,ed
States and not 10 those portions since acquired
that the ten millions of apportoncd by THIS b are
virtually 10 be located in regions subsequently acquired
! and entirely distinc, from that original domain.
The Presidents next objection S that there Is an &C, Oh
Januarv - ls47 which pledges the sales Of the pubc
lands for the payment of the debt contracted in the Mex
can war reply first that that debt Is virtually pau,