The western Democrat. [volume] (Charlotte, N.C.) 1852-1870, 1859-03-08

federal
has confessedIy constitutional power to follow
into the States enforce the application OF the fund
to the intended objects. AS donors, we shall possess
no control over our gift after it shall have passed
from our hands 1t is that the State legislatures
are required to spulae that they will faithfully execute
the trust in the prescribed by the bill But
should they fail do this, what would be the conse-
uuence? The federal government has no power and
ought to have no power compel the execution of the
trust would be in helpless condition as iteven IN
this, the time of great need, were to demand any
portion of the many millions of surplus revenue de-
posted with the States for safe keeping under the act
Of 1896.
s. This bill will injuriously interfere with existing
colleges in the different States in many of which agr
culture is taughta science in all of which ought
be taught. These institutions have grown up with
the growth the country under the fostering care OF
the States and the munfcence of individuals TO meet
the advancing demands of education They have prov
ed great blessings to the people. Many-lndeed, most
of them-are poor and sustain themselves with diff
Guilty. What the effect will be these institutions,
of creating indefinite number of rival colleges, sus-
tanned by the endowment of the federal government:
it is difficult to determine.
Under this BILL it is provided that scientific and clas-
steal studies shall not be excluded from them Indeed.
il would be almost impOss to sustain them without
such provisiOn for father would incur the expense
of sending his to of these institutions for the
sole purpose of making him scientific farmer or me-
chanc. This bill itself negatives this idea aud de-
cares that their object is to promote the liberal and
practical education of the industrial classes in the sew
era pursuits and professions of life This certainly
ought to be the case In this view of the subject,
would be far better, if such appropriation of land
be made to institutions of learning in the several
States to apply it directly to the establishment OF pro-
fessorShips agriculture and the mechanic arts
listing colleges without the Intervention of the State
legislatures 1t would be difficult foresee how these
legislatures will manage this fund Each representa-
tive Congress- for whose district the proportion of
twenty thousand acres has been granted, will probably
insist that the proceeds shall he expended within its
limits. There will doubtless be struggle between
different localities in each State concerning the divi
CiOO he VIII ich may Cle
hopes of the friends of agriculture. For this state
of things without remedy. Not so in regard to
State colleges We might grant land to these corporations
establish agricultural and mechanical professorshps
and, should they fail to comply with the conditions
which they accepted the grant: might enforce speci
fc performance of these before the ordinary courts of
justice.
c. But does Congress possess the power, under the
constitution, to make donation ofpublc lands to the
different States of the Union to provide colleges for the
purpose of educating their people?
1presume the general proposition is undeniable that
Congress does not possess the power to appropriate
money in the treasury raised by taxes the people of
the United States for the purpose of educating the
pie their respective States 1t will be pretended
that such power is to be found among the specific
powers granted to Congress, that it sis necessary
and proper for carrying into execution any of these
powers. Should Congress exercise such power, this
would be to break down the barriers which have been
carefully constructed in the constitution to separate
federal from State authority We should then only
clay and collect taxes duties imposts, and cxcises
for federal purposes but for every State purpose which
Congress might deem expedient or useful This would
he consolidation of the federal and State
crnments, far the great taxing and money power
is concerned and constitute sort of partnership be-
tween the two in the treasury of the United States
equally ruinous to both.
But it is contended that the public lands placed
upon different footing from money raised by taxation
and that the proceeds arising from their sale
subject to the limitation of the constitution, but
be appropriated given away by Congress at its
discretion States corporations, individuals for
any purpose they may deem expedient.
The advocates of this bill attempt sustain their
position upon the language of the second clause of the
third section of the fourth article of the constitutions
which declares that the Congress shall have power to
dispose Of and make all needful rules and regulations
respecting the territory other property belonging TO
the United States" They contend that, by fair
Interpretation of the words 'dspOse Of in this clause
Congress possesses the power make the gift of public
lands to the States for purposes of education
1t would require clear and strong evidence to induce
the belief that the trainers of the constitution, after
having limited the powers of Congress to certain, pre-
cise and specific objects intended by employing the
words ''dispOse Of to give that body unlimited power
over the vast public domain. 1t would be strange
anomaly, indeed have created two funds the by
taxation confined to the execution of the enumerated
powers delegated to Congress- and the other from the
public lands applicable to all subjects, foreign and do
nestle. which Congress might designate This fund
should be "disposed Of" pay the debts of the
United States ito raise and support armies" ncr
Ito provide and maintain a navy" to accomplish
any of the other objects enumerated in the consti-
tuition: but be diverted from them to pay the debts of
effect other measure oftheir domestic policy This
would be to confer upon Congress vast and rrespon
sibe authority, utterly a. with the wcll-hEOwn
jealousy of federal power hich prevailed at the forma
ton of the constitution. The natural nendment
would be that the constitution confined Congress to
wel-defned specific powers, the funds placed their
command, whether in land money, should be appro
prated to the performance of the duties corresponding
with these powers. If not, a government has been
created with all its other powers carefully limited but
without any limitation in respect to the public lands
But cannot SC read the words "dispOse Of to
make them embrace the idea of 'givng away" The
true meaning of the words is always be ascerane6
by the subject to which they applied and the known
general intent of the lawgiver Congress is trustee
under the constitution for the people of the United
States TO dispose Of their public lands, and think
venture with confidence that be
found in which trustee in the position of Congress has
been authorized dispoSe of property by its owner
where has been held that these words author
lied such trustee to give away the fund entrusted to
his care
No trustee, when called upon to for the dis
position of the property placed under his management
before judicial tribunal, would venture present
such plea in his defence The true meaning of these
words is clearly stated by Chief Justice fancy de-
livering the opinion of the court-l9 Howard D. 436
He says in reference this clause the constitution
1T begins its enumeration of powers by that of dispos
ing; in other words making sale of the lands or rails
lg money from them, which, have already said,
the main object of the sesson,-trom the States
and which is the first thing provided for in the arti-
cle' is unnecessary to refer to the history of the
times to establish the known fact that this statement
of the Chief Justice is perfectly we'll founded That it
intended by the trainers of the constitution
that these lands hould be given away by Congress is
manifest from the concluding portion clause
By it, Congress only diSDosp