Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1859-03-11

enumeration Of powers by that of dsposing In other
words making sale of the lands or raising money from
them which, have already said, was the main OBJ
ect of the cesson from the States and which is the
first thing provided for ia the article 1t is unnecessa-
to refer to the history of the times to establish the
known fact that this statement OF the Chief Justice s
perfectly well founded That it never was intended by
the trainers of the constitution that these lands should be
given away by Congress is manifest from the concluding
portion of the same clause By it, Congress has power
not only to dispose of" the territory but OF the 9th
er property of the United States In the language of
the Chief Justice, (p 437 J And the same power of
making needul rules respecting the territory is in pre-
csey the same language applied to the other property
of the United States associang the power over the ter
rtory in this respect with the power movable
personal property-that is the ships arms, munitions
of war which then belonged in to the State
ereigntes."
The question is still clearer in regard to the public
lands in the States and Territories within the Louisiana
and Florida purchases. These lands paid for out
of the public treasury from money raised by taxation
Now, Congress had no power to appropriate the
money with which these lands purchased is it not
clear that the power the lands is equally limited
The mere conversion of this money into land could not
confer upon Congress power the disposition of
land which they had not possessed over money. If it
could then trustee by changing the character of the
fund entrusted to his for special objects from
into land might give the land away devote it to any
purpose he thought proper however foreign from the
trust The inference irresistible that this land par
takes of the very character with the money paid
for it, and can be devoted to no objects different from
those to which the money could have been devoted If
this were not the case then, by the purchase of
territory from foreign government out Of the public
treasury, Congress could enlarge their powers and
appropriate the proceeds of the sales of the land thus
purchased at their discretion, to other and far diff
ferent objects from what they could have applied the
purchase money which had been raised by taxation.
1t has been asserted truly that Congress- in
instances have granted lands for purposes of education
to the States they successfully entered the Union
and consisted at the first of section and afterwards
of two sections of the public lands in each township for
the of schools as we'll of additional sections for
State University. Such grants not in my opinion
violation of the constitution. The United States is
great landed proprietor and from the very nature this
relation it is both right and the duty of Congress their
trustee to manage these lands as any other prudent
prieor would manage them for his best advantage
Now, no consideration could be presented of stronger
character to induce the American people to brave the
difficulties and hardShps of frontier ite and to settle up
these lands and purchase them at fair price, than
to give to them and to their children assurance of the
means of education. If any prudent individual had held
these lands he could not have adopted wiser course
bring them into market and enhance their value than
give portion of them for purposes of education. AS
mere speculation, he would pursue this No per
son will contend that donations of lands to all the States
OF the Union for the erection of colleges within the
limits of each be embraced by this principle 1t can
not be pretended that Agricultural College in New
FORK or Virginia would aid the settlement facilitate
the sale of public lands in Minnesota or California.
This cannot possibly be embraced within the authority
which prudent proprietor of land would exercise
his own possessions purposely avoid any attempt to
define what portions of land may be granted, and for
what purposes to improve the value and promote the
settlement and sale of the remainder without violating
the constitution In this [ adopt the rule that
" sufficient unto the day is the evil thereof"
! JAMES BUCHANAN.
| WASHINGTON CITY, February "a, 1859.