Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1859-03-09
THE NORTH CAROLINA STANDARD: :.

territory, but of the other property of the United
States" In the language of the Chief Justice,
(p. 437 y "And the same power Of making needful
rules respecting the territory is in precisely the
same language applied to the other property Of the
United States associating the power over the terri
tory, in this respect with the power over movable
or personal property-that is, the ships, arms, or
munitions of war which then belonged in common
to the State sovereignties."
The question is still clearer in regard to the pub
lie lands in the States and Territories within the
Louisiana and Florida purchases These lands were
paid for out of the public treasury from money raised
by taxation Now, if Congress had no power to ap-
propriate the money with which these lands were
purchased is it not clear that the power over the
lands is equally limited? The mere conversion Of
this money into land could not confer upon Con-
gress new power over 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 care for special objects from
money into land, might give the land away or de-
vote it to any purpose he thought proper, however
foreign from the trust The inference is irresistible
that this land partakes of the very same 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 new territory from for
eign government out of the public treasury, Con-
ate the proceeds of the sales of the lands thus pur
chased at their own 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 nu
merous instances, have granted lands for purposes
of education These grants have been chiefly, if not
exclusively, made to the States, as they success
sively entered the Union, and consisted at the first
of one section and afterwards of two sections of the
Coo 6o,, of
as well as of additional sections for State universe
ty. Such grants are not in my opinion, violation
of the constitution. The United States is great
landed proprietor and from the very nature of this
relation it is both the right and the duty Of Con-
gress their trustee to manage these lands as any
other prudent proprietor would manage them for his
own best advantage. Now, no consideration could
be presented of stronger character to induce the
American people to brave the difficulties and hard
ships of frontier life, and to settle upon these lands
and purchase them at fair price, than to give to
them and to their children an assurance of the
means of education. If any prudent individual had
held these lands he could not have adopted wiser
course to bring them into market and enhance their
value than to give portion of them for purposes Of
education. AS mere speculation he would pursue
this course No person will contend that donations
of land to all the States of the Union for the cree
ton of colleges within the limits of each can be EN-
braced by this principle. 1t cannot be pretended
that an Agricultural College in New York or Vir-
gna 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
over his own possessions. l 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 remain
der without violating the constitution In this case
adopt the rule that Sufficient unto the day is the
evil thereof"
JAMES BUCHANAN
" Fol,