The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-11

be increased and realized So the government holding
lands which unstable and valueless on account OF
the distance from market, may grant part upon suen
conditions viii bring The lands to market ana
thus increase their value as TO realize larger sun
from The remaining lands than the whole was worm WIN
out the conditions OF the grant
We have shown that Congress has express conslltu-
onal power TO dispose of The public lands that u = me
agent trustee OF the States for that purpose lhat eoh-
gress is bound by the aud expressed objects OF e
rust 10 realize the money value OF the lands 70 lhs
treasury and use II common lund iof me Deheh' oi
all the States and that when the objec, OF the usi can
be better accomplished by conditions which are Obtained
as consideration OF grant OF alternate sections, ~ Is
both constitutional and an act oil good fath 10 Inc Fh
cipal 10 do s0
Now lei us consider the policy OF these grants SO far
respects the public lands held by the Uated States
government within the limits OF any State s an eW'
which only be justified by the Tact that lis money
value is trust fund IN the keeping oil Congress- IN
which all the States have common interest But for
this single reason the policy OF permitting the iedeid
government to hold, without limit as to quantity OF me'
part OF the territory OF sovereign State, fee nom
taxation and beyond the control OF the State government
its citizens would not be tolerated by any state ID he
Union II is, under the circumstances OF ne rust
necessary Interference with the otherwise nalura anu
recognised rights of the States in which the lands lie
and il is obviously the duty OF Congress 70 terminate
that interference, and restore TO the States Their halua
right 10 tax and control this, equally win all ouei
property within their limits soon as i can DC aone
consistently with the object OF the lrust-tha ~ as soon
its value be realized for the beneht OF all Tue
States This being admitted, the only remaining ques
ton TO be determined is, Will the grant OF alternate
sections by Congress, with the condition that railroads
be constructed through the lands, promote the object
OF the trust committed 10 Congress by the States IN
the certain and speedy realization OF their value
and thus, in the termination OF that now necessary but
otherwise unnatural and improper, control, which Con
gress exercises this property IN the States! Inc
this question is placed beyond all doubt or
controversy, not only by the known and universally aa
m,ed effect OF railroads upon lhevalue OF lands which
otherwise announcement 10 market but by the expe-
rence OF the government aested by officially
facts In each where grants OF alternate secllons
have been made, has brought lands into market which
otherwise could not have been Sold and enabled the gov
eminent 10 realize, OF the common fund, an amount
greater than originally asked Tor the lands.
If il be said that though Congress may thus best &C
compsh the object OF the trust by realizing the common
fund for the benefit OF all the States yet there obec
tons TO policy in the fact that the particular States
in which the railroads may be constructed, and the parties
engaged 10 the works. will be incidentally benefited BY
the grant," answer that these are legitimate conse-
quences growing out Of the location OF the land the IN,
vestmen of capital and the application OF intellect and
industry, over which Congress ought not, and cannot
properly, exercise any controlling power The roads and
the parties engaged their construction and should
be- controlled by the legislatures of the States in which
they are located and surely il be no objection 10
Congress, TO any State of the Unon, that, whilst the
rights OF all sacredy protected there are consequential
or incidental benefits flowing TO others.
Ii seems clear from what has been said that where the
object and the effect of grant OF alternate sections is TO
increase and realize the value the public lands
common fund for the benefit OF all the States II Is con-
sutional il is due TO all the States as faithful trustee
of fund it Is due 10 the States IN which the
lands lie; it ia not Objectionable account OF its Incl
dental benefits others; and in all respects IS sound
policy STATE RIGHTS.