The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-02


The Public Lands--nIr. Benefits Minority
M Report
We Published yesterday the report OF the majority oil
The Comsnltse on Public Lands. made by its chairman.
MIR Disney To day insert the report OF the minority,
made by Mr. Bennett The two documents will enable
readers TO clearly the issue made between the
opposing sides Of this great question. Mr. Benefits re-
port is as follows;
MINORITY REPORT.
The undersigned, member OF The COMMITTEES on Pub
lie Lands, dsents from the arguments and conclusions
OF the foregoing report against granting lands 10 the
several States Tor The benefit oil the INDECENT insane De-
ing OF opinion that Congress has the authority TO do lhs
and would act wisely and properly in applying portion
OF The public lands 10 so humane and commemorate
purpose.
The objections H. as u~eonstuiion and ine1psdeni.
are believed 10 be equally unlenabe.
Las TO THE POWER OF CONGRESS-.
This given in express by the Sd section OF ari
Gle 4 OF the constitution Of the United States. viz:
The Congress shall have power dispose Of and make
all need rules and regulations respecting, the territory
and other properly Of the United Saiesi and nothing n
claims OF the United States. OF amy PARTICULAR Safe
More broad and comprehensive terms are not 10 be
found in the English language than those which
ployed to give this power to Congress.
Webster defines 80 dispose Of" as follows: " to part
with 10 ALLEVIATE TO sell; TO besow; to give away; to
| transfer by authority"
Johnsons definition of the the term TO dispose of" is
other person or TO put into the hands OF anoher
TO give away to put away by any means"
The existence OF this power by Congress. to dispose OF
the public lands, conceded and has always been
csed But il 10 be claimed that il is SO limited
in the constitution as to prohbi, grant in this case
that while the public lands may be- consiiiuonay. dis
posed Of to certain portion OF the States by grants for
railroads. and the like, 10 dispose OF them for other pur
poses. or 70 the other States is unconstitutional that
they may be disposed OF for almost any Imaginary
sideraton, but cannot for purposes OF great public IN
terest.
Those who assert and assume ths-fo it is mere
ton and assumptonousht at least to be able 10 point
out the provision OF the constitution containing the pro-
hibtion
II does not touch this question to talk long or learned
ly about this being government Of limited powers and
that each department should be confined 10 the authority
conferred Here power expressly given to Congress;
and the question is whether it is general or limited 10
particular class of cases
II is insisted reply all objections OF this kind that
the right OF Congress 10 dispose OF the public lands is
conferred by words of sense general and compre-
hensive any that could have been used and without
any Imitation except that contained in the clause,
that "nohing in this constitution shall be construed
to prejudice any claims OF the United States or of any
particular State"
To understand this restriction ii should be borne in
mind that several of the old Staes-including New York.
Virginia, Massachusetts and Connec,cut-had granted
and ceded the public lands claimed by them 10 the United
States before the adoption OF the constitution North
Carolina, SoHlh Carolina, and Georgia did so afterwards
And il conditioned in these deeds OF cession that the
lands should be "a common fund for the use and benefit
OF all the States"
4
and was intended TO enforce it, lis true meaning is 10
direct that Congress, in dsposing of the public lands,
should have due regard to the rights OF all the States,
and dispose OF them their common property and Tor
their common benefit The grant proposed to be
made complies with this condition, for general and
Just TO all the States.
The power OF Congress to dispose Of the public lands
is absolute and unqualified, subject only to this resrc
ton, (Which has been regarded and is, this care
inapplcabe) II may dispose OF them by any means,
for any purpose. regard which ii has power 10 legs
late, by sale or gf-n tact, ia any manner It deems
proper
II this power exists at ALL las is admitted il is rene.
raj and unlimited power of disposal Neither the man
in which the purposes for which, the public lands
may be disposed OF prescribed by the constitution Ii
regard the claims of all the States in its disposal For
what purpose they should be granted is question OF
power, but OF sound policy. This involves inquiry,
not into the right OF Congress TO make the grant, of tina,
clearly has but into The expedency and proprey of
making IT for The purpose desired 1t was presumed Con
Eess would dispose OF the lands in proper manner, or
ihs power would not have been entrusted to Ii could
have been safely given TO any other department of the
government and 1t rests upon the same ground the
right OF Congress 10 dispose OF other property BELONGING
TO the United States. But how Congress have the
constitutional right TO make grants 10 OF the States
and not to the others io TO grant lands 10 build rail-
road or university, and not an insane asylum Those
who contend for anything absurd ought give
son for it; set none has been advanced.
las TO pREcEDEHrs AND PRACTICE
Congress has exercised The power of granting away
and disposng OF the public lands since The esab-
IltHmebt OF Inc governments acts nave been
proved and sanctioned by the executive and judiciary de-
partments under every President and in all The courts
For more than fifty years-under the administrations
OF Jefferson, Madison, Monroe Adams, Jackson, Van
Buren,, Tyler, Polk, and Fillmore-Congess has been
constantly making grants OF the public lands for almost
every conceivable object and purpose. All these acts
have been approved by The Presidents, and sanctioned
and held valid and constitutional by the courts and
was never found out they Unconstitutional until
now. any thing ever be settled, this power OF Con-
gress n US, al this day be so regarded.
Among the various purposes Tor which these
have been made the iollowiDg For schools for seats
OF government, Tor roads, for colleges, for sanes for
public buildings, Tor semnarie OF learning for river i'm
ptovenens, for universities, Tor individuals for compa
MES, for corporations, for private claims for military
vice., Tor internal improvements for canals for railroads.
and Tor deaf and dumb asylums
Grants have been made for deaf and dumb asyums 10
Connecticut, Alabama, Arkansas, and Florida These
cannot be distinguished IN principle from grants for In
sane asyums
Congress has not only made these grants often but 10
large amounts The amount of land granted away BY
Congress exceeds the amount that has been sold
An Official statement from The Commissioner of Public
Lands shows that there has been granted 10 the States
and Territories named, up to Jane 80 1883 for railroads
internal Improvements schools and deaf and dumb a.y
lums, as follows,
To Ohio o,o 52o so,s,
To Indiana 22Ss 2Ie
10 Illinois 4 0g6 siS "
To Michigan q aa An
10 Wisconsin l93tt6l /"