Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-01-29
The Public Lands.

lie in any quantities. there some CONSIDERATIONS 10
which we think it proper to call attention. In the first
instance they are the property of the General Govern
ent acquired either by cession from of the orig
nal members of the conederacy as in the case of the
Southwest and Northwest Territories East of the Mis-
ssspp Or by purchase from foreign powers, as in the
case of the immense tract West of that river and known
as louisiana acquired from France, in the more re-
cent instance Of our acquisitions from Mexico In either
or any of these cases. the title to these lands is vested in
the General Government as fully as is the title to the
custom house in Wilmington, the Notifications at
Oak Island There restrictions in the deed Of
ceson nor are any asserted to exist in the treaties with
foreign powers beyond outside of the requirements of
the Constitution.
Thus, then, these lands are property-Government
property-to be managed and disposed Of as property
With regard to this management disposal there are
certain things to be considered First the equitable
principle that all property should bear its fair proper
ton of public burdens. North Carolina has the power
to tax every dollars worth of property within her Dor
ders, unless where she voluntarily valves that right
Suppose however, that it otherwse-suppose that
large portion of her soil owned by nonresident
proprietor and that that so-that property-was ex-
empted from her power of taXationnot bound to bear
any part of the burdens Of her government contrib
ute anything to the development of her resources.
Would that be exactly fair? Would not North Caro-
lima have reason to complain? Now, that is precisely
the position of the States and Territories in which the
public land lies The General Government is an owner
of property in these States and Terrtoreso far the
action of these States Or Territories goes it is foreign
proprietor It's property is not subject to the otherwise
If tay Vnt mi
be benefited by the organized governments for the sup
port of which the property of all other propretOrs
taxed-ts must be enhanced in value by the public i'm
provements deemed necessary for the development of the
resources Of the State Territory Since the power to
tax does not legally vest in the local government the
appeal is to the sense of justice of the unaxabe pro-
prietor, in plain terms, to Congress Minnesota, for
instance, has organized State Government and goes to
work to make her improvements She taxes Bill Jones
and John Smith, private property hoders, for all the
purposes of Government-public works included She
comes to one great, public property-holder Mr. Uncle
Sam. There is his property within the limits of her
sovereignty That she cannot touch, and yet he will
receive large prOportonate benefit as either Smith
or Jones. She passes her law and compeLS Smith
and Jones She goes to Congress and asks Uncle Sam,
d property-holder in Minnesota, through whose lands
Minnesota Improvements will pass, to do his share as
well Jones and Smith Itappears to us that there is
an equitable claim upon Uncle Sam an honest prop
ertyholdcr to bear his due share without shirking
That he should do is the principle conended for in
all the land bills
The second consideration is one of policy-the prll-
dent proprictorshp' policy In defence of this policy,
it is contended that waving the question of justice and
oI+ tbn Of 4hp
acting as the proprietor of the public lands, proceeds
strictly in accordance with the rules of prudent propre
torshp in granting lands in alternate sections for works
which bring the whole remainder into market and ena-
bic them to be disposed of at prices which yield larger
and prompter return in than could have been
realized from ALL had such grants not been made, and
such works not been constructed This is purely ques-
ton of policy and it reasonable to suppose that the
General Government like nearly every Government gets
gOuged considerably at times, as she would be even
she did not try the experiment. We think the policy
has sometimes been bad one,-sometimes good one
1t always costs the Government more for everything
than it would do private corporation, while it costs
corporation than it would do private business
We do not wonder, therefore, if at times Messrs. Smith
and Jones have driven pretty hard bargains with Uncle
Samuel.
Thus far with reference to the duty and the policy Of
the General Government a land-hoder-a possesso1
of property within the bounds Of organized local govern
ments We come to her constitutional obligations
to the States of which she is the creaturethe agent
by whom she was called into being-trom whom she
derives all her powers and outside Of beyond whose
grant she possesses no power whatsoever while within
that grant her powers are clear and indsputabe The
constitution of the United States distinctly lays down
the rule that no money shall be drawn from the
Treasury but in consequence of appropriations made by
law 1t is also certain that Congress pass no law
contrary TO- unauthorized by the grant of limited
powers made by the constitution. Where would Con
gress find in the constitution any authority to pass
law for taking money out of the Federal Treasury fol-
purpose of distributing among the States? The Gen
ea Government was not erected for any such purpose
What function of the General Government is to be pro
NOTED by taking money out of the Treasury and disrib
utng or giving it away? None. Then Congress has
right to appropriate any money in the Treasury fol
any such purpose because such purpose foreign to the
intention and beyond the scope of the powers conferred
by the constitution.
Upon the whole, the once favorte hobby of distri
button of the proceeds of the sales of the public lands
found to be too easily off its legs to allow it t.
be useful in long Journey Not even the popularity
the predige-the tact Or the abilities of Mr.. Clay him
SELF could keep the spawned jade on the track 1t wa
too plain for argument that there was no one branch
the delegated powers of Congress under which appropri
aons could be made to take money out of the Fedora
Treasury for Federal object, direct implied Tn
distribution of the proceeds of the sales of the pub
lands was virtually abandoned as untenabe. Some folk
Suddenu uvolra ono uorninU with a rovolat;o,,