Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1858-05-29
The Register, Senator Brown and the Public
Lands.

The Register, Senator Brown and the Public
Lands.
Having in our issue of Saturday last shown BY
the speech of Mr.. Brown that Congress has not the
power to distribute the proceeds of the public lands
we shall endeavor to show that the power to
dispose Of, to give away the lands themselves, does
not exist to the extent claimed.
This claim is based by him upon the article in
the Constitution of the United States which says:
1.-THE Congress shall have power to dispose of
and make all needfu rules and regulations, respect
ing the territory or other property belonging to the
United States"
He then states that territory, in the connection
used, is synonymous with land, and that land, in
the clause is treated property; and that to dis
pose Of land, in ordinary parlance means to sell, to
bestow, 20 convey to give it away; and that ne ap-
prehends the word dispose used in its ordinary
meaning-that the trainers Of the constitution were
not only men of sense but of Extraordinary astute-
ness knew the force and meaning of words, and
what they about. No one, are sure, will
dispute this and will go further that Mr.. Brown
needed not to have cited long list of photographers
to prove that the word dispose sometimes means to
give. But the question is: In what sense was it
used in the constitution
Mr.. Brown assumes that it was used in the sense
to gire and if so, he asks, "where is the want of
power to give these lands for the benefit of the in.
digent 1nsane?' Again: 1.-THE power to give hav
ing thus been conferred in express terms by the
constitution, (another assumption,) there be
limitation to the use of that power other than this
that it shall not be used for purpose inhibited by
the constitution in express terms, or by fair impli
cation"
He then says there is no express inhibition in the
constitution-which we grant. And he "under-
takes to show that there is nothing in the constitu
ton outside of the constitution which being fair
ly construed, supplies any such implication" From
this we utterly dissent.
The above embraces the whole position, indeed
we may say the whole argument of Mr.. Brown.
fairly stated as to the power of Congress over the
public lands and other property of the United States
lie insists that the lands and property can be las0
fully disposed of-given away for any purpose not
inhibited by the constitution, at the mere will and
discretion of Congress-for instance, to the INDECENT
or other insane the poor of the States schools, COL
eges, &c, &C., and though to give the public lands
and property for some purposes might be improper
1t would only be an abuse Of porer possessed by
congress, and nothing more.
This immense power, claimed for Congress, is we
CONFESS, startling one; especially SO in these times
we had thought the general government was one of
united powers that it was established for certain
purposes Of a general character, we'll defined AID
'st forth in written constitution, and that only
powers clearly granted, or such as were necessary
10 carry into effect clearly granted powers, could
oe exercised by it. Any man who fairly examines
me constitution its history, will that such is
us Character and such the history Of its formation.
ana after it framed some Of the States refused
adopt it and to come into the Union, such was
'ne'r Jealousy of power, until the following amend
ment was adopted:
:. The enunciation in the constitution of certain
.shts shall not be construed to deny or dis.
pa'age others retained by the people.-Art 9.
ihe powers not delegated to the United States
o. 'he constitution. nor prohibited by it to the
S'aes are reserved the States respectively or to
"e people."-AIt. 10. S.; (
NOW 1t seems strange to us that any man Of sense
'uoud under the general clause relating to land and
0'ner property, claim q power which is totally in-
consistent with the whole spirit Of the constitution
'"a which, at least far as the public lands and
property are concerned, renders null aud void the
susndnsnts Nc heys 9uessd !.