Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-05-19

The Public Lands
We resume this subject this morning, add
Do few words on the constitutional power of
Congress, to dispose of the public lands, in
such manner as that all the States shall re-
ceive their proportional benefit from, this
common fund" We have shown that, the
cessions Of these lands were made under the
old Confederation, and for the express benefit
of all the States alike. Z 1t becomes question,
whether the original understanding was modi-
fed by the formation and adoption of our pre-
sent constitution That instrument contains
but one clause relating TO the subject, which
we quote as follows: (Art ~, Sec. 8, clause
o. "The Congress shall have power to dis
~ pose of, and make all needful rules and regu-
lations, respecting the territory or other pro-
perty belonging to the United States; and
nothing in this constitution shah be so con-
strued as TO prejudice any claims Of the
limited States, or of any particular State >
So far from making it unlawful to make the
States equal in the use and enjoyment of this
property, this provision secures to the States
respectively, all the rights, which they had
Heretofore held in the public lands. The deeds
Of cession define these rights, and place them
beyond question. ANY disposition of them
whereby one State should obtain an undue
proportion over another State, would violate
the letter and spirit of their REIMBURSEMENT
by the several States to the general
Union. In discussing the power given to
Congress over this subject by the con-
stituton of 1857, and the erection of States,
Mr.. MADISON, in the 43rd No. of the
''Federalist, " says of the clause above quoted,
that ''This is power of very great impor-
" lance, and required by considerations SINH
"lar to those which show the prOpriety of the
former. 7heprOvisO ANNEXED is Uery proper in
" itself, and DGs probably rendered absolutely
" necessary By jeaLOusies and questions concern
ing the Western Territory, sufficiently knoaon
" to the people" Iftherefore, the facts show,
that Congress has made such disposition of the
public lands as to exclude any portion of the
Union from its just and equal proportion of
them, both the deeds of cession and the con-
stitution have been violated. And there is no
means left us to remedy the wrong which has
been perpetrated, but to make up to those
States which have heretofore received nothing,
an amount equal in allrespects, to those which
have been unduly favored. This so-called con-
stitutional objection had its origin in the mar
row precincts of bigoted partizaDshiP, at a
time when personal animosities and rivalries
attained their greatest height in this country.
1t was warmly esponsed by that singularly in
consistent school of politicians, who, while
they were avowing and pproclaiming strict
construction of the constitution, as the only
right rule in the Federal administration, were
at the same time making treaties, and appro-
pristing money out of the federal treasury, in
the purchase of other immense tracts of terri
tory without constitutional warrant-thus alb
sorbing all and more than all, the moneys re-
ceived into the treasury from the sale of the
original public lands. Instead of the proceeds
going into the common treasure of the country,
and benefting all alike, by theirapplication to
government, they have been taken out and re-
invested, in the same kind of property, and
large additional sums taken from the States in
directly, to pay for the new acquisitions. And
yet it is insisted now that the old States shall
not share in the profits of the speculation; and
this, too, upon constitutional grounds
We have thus, imperfectly it may be, dis
posed of the first objection raised by our ad-
versaries upon this subject. But our argu-
ment so far has been confined to that particu-
lar territory embraced by the grants from the
British crown to the colonies We now ap-
proach the consideration of that vast public
domain sweeping from the Mississippi river to
the Pacific Ocean, including Florida and Lou
isiana, which has been acquired by purchase,
since the formation of our present constitution.
1t is not our purpose, nor is it material, to dis
cuss the constitutionality of these acquisitions
We hare reached forth our hands, and they are
ours. We have ouly to say, that any con-
struction of the constitution which would au-
thorize their acquisition, would also authorize
any disposition of them, that would not be in
consistent with the general principles Of JUS
tice and equality which pervade that instru-
ment There cannot possibly be any discrep-
ancy in respect to these lands, between the
right to acquire and the right to dispose of
them. Whatever may be said to the contrary,
these rights are reciprocal and inseparable, APP
ID. al ~ e., l., -
ale. Our government has assumed the right to
acquire, and has acquired them, and the only
question ,oith US, is h0U shall zoe use, AOo dis
pose or them' We are family of independ-
ent sovereiguties, series or system of impsrii
in imperiO, linked and bound together by COM
mon consent, for purposes of mutual benefit,
protection, and assistance. We have united
our efforts and energies to advance the gener-
al prosperity, to secure the general security,
and to assert and maintain an independent
equality among all the States. Whenever one
State falls below another or rises above en-
other, or whenever one State is admitted to
excluded, the whole spirit of our confederacy
is invaded, and the purposes of Union thwart-
ed and disregar1ed. Let US apply these plain
and indisputable principles to the subject be-
fore ne.
After a number of years we find that we
have accumulated, both by blood aud treasure
Of we can so distinguish between thelivesof our
people and money! large domain, rich in eli
mate, in fertility, in minerals, in its geogra-
ply, in scenery, in everything that delights
people, proverbial for their activity, enterprise
and ambition for national greatness. It was
obtained by our united labors. We paid our
taxes in the way of tariff; we sent our men