Weekly North Carolina standard. [volume] (Raleigh, N.C.) 1850-1858, 1858-06-02


that the power to raise revenue by duties and i'm
posts, a limited one, and only to be exercised
for, and the money applied to, certain enumerated
purposes. Nay, that when the lands are sold
and the money goes into the treasury, Congress
ceases to have the power over that it had over the
land before its sae and that it cannot then be given
away.
To an unsophisticated mind this must appear
strange Congress has no power to give away mo-
ney out of the treasury, to dispose of it, except
for certain purposes enumerated by Mr.. Brown-and
so say we. And yet Congress can take the money,
buy lands, ships and other property, as has been
done, and then such property, so purchased it
acquires unlimited power to dispose of it, to give
it away for purposes not contemplated by the con-
stitution and to which it could have applied the
purchase money. If sold, and the money goes back
into the treasury the power is gone-or perhaps the
lawyers would say, in mu6i6us-in the clouds-un-
til they think proper to invest again in land pro-
perty, and then the convenient shifting, vagrant
power again revives with all its force, and Congress,
according to Mr.. Brown and the Raleigh Register,
give the lands or whatever property is bought,
to the insane, or to the poor, or any other purposes
in the States-to build railroads and to construct
canals to take stock in the same or in banks or
other incorporated companies, provide for all sub
ects and all expenses of State governments, assume
and pay State debts, appropriate the lands or land
warrants to abolition other societies to buy up
our own slaves and send them out of the country
in fact to engage, so far as they have the means
with the public domain and other property in a
thousand schemes, virtually making the government
one of unlimited powers; for if the lands
the ways stated by us? Mr.. Brown admits that
such is the poaoer but says it does not follow that it
will be so exercised. Perhaps not; but who will
believe that the wise who framed constitu-
ton intended to confer such unlimited power? Or
who is willing to trust Congress with such power
now?
The very fact that the government has not the
power do these things under the revenue clause
any other, shows conclusvey that it not intend.
ed to give the power claimed under the clause in
lation to land property. 1t would be monsrous to
suppose that under the power to dispose of land and
other property there lurked an unlimited power to
use the lands property for every purpose however
repugnant be given to the insane and the poor where
fore there not like oer to dispose fhem in any of
to the whole spirit of the constitution and its limit
ed character we'll to the express provision that
"the powers not delegated to the United States by
the constitution nor prohibited by it to the States,
are reserved to the States respectively to the
| people"
1t will not do to take one clause of the constitu-
tion in this case, render it in its most literal
sense and then claim powers under it totally incon-
sstent with the whole spirit and object of the in
strument, and with the general and limited powers
of the government. Verify, by such a course, that
little word dispose looms up into power of vast
significance, overshadowing the constitution itself;
the mere incident becomes greater than the princ-
| pail the general government acquires almost unlim-
tied power, with vast sources of influence and cor
ruption; and the State governments intended to
supply all our local wants. swallowed up, and
in their stead we have vast consolidated power,
unrestrained by any written constitution. The
British parliament itself would hardly possess less
power.
What, then, did the trainers of the constitution
mean by the power to dispose of land and other
property?
The territory north of the Ohio and east of the
Mississippi rivers, ceded by the States Of Virginia,
New York, Massachusetts, and Connecticut to the
confederation, almost the only territory held by
the general government when existing consttu
ton was adopted in lieu of the articles of confedera
|
now the State of Tennessee, and by Georgia of wha
is portions Of Alabama and Mississippi, wer.
not made until after the adoption of the constitu
tion Mr.. Brown, in part Of his speech, ex
presses the opinion that these lands were not con
templated to be sold by the constitution, becaus
there is no cypress provision in that instrument fo
the disposal of the proceeds of sale But the histo
4 ry of the day, and the deeds of ccsson show tha
the very object Of the cesson to provide for tn
public debt, present and prospective, and that tn
lands to be held and disposed of for this pu'
s pose and none other.
The ordinance of 1857 which provided govern
ment for this territory andwhich upon its face pur
4 ports to be contract between the people of tn
territories and the States of the Union, expressl
l. provides that the United States shall have the
elusive right of soil and the power to make title
n the purchasers of the lands And as early as 179
s. Congress passed act appointing Surveyor Ger
era, with regulations for the surveying of the land
y and their sae-the commencement of that beautift
system adopted to the surveying and disposing
the public domain which has been the admiration
,e the world. Strange it is that of Mr.. Brown
ID sense should have fallen into such an error.
n shows what man may come to when bent on ca
n, ryng out a favorite notion opinion.
ID By the new constitution, Cart g." "An debts CO,
,e tracted and engagements entered into before I'll
adoption of this constitution shall be valid again
u the United States under this constitution as und
Sc the confederation" Mr. Brown, here hard presse
to saws that this was intended to apply only to II
" Revolutionary debt and not to the engagements
as the general government under the deeds of cessio