Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1859-03-04

hl
ate leglsAtGfes arc req tired 10 pulsie the,
Fiil faithfully execute me irast prescribed bv ~
( oil Bnt should they frl t. 60 his. VII Il xoTIId
he the eouseq fences fae federal g1vernmers ~,
10 power, AID ought 10 have no power, 10 esurel
he execution cf be trust II w0u'd be in rs hep-
less condition il in this the time cf err n
/. need We Wese to demand any portion OF the maav
nil i sns Of surplus revenue deposited with Ihe
Stses for safe Ees giHg under the act OF 1896
This bill wi injurOusly iaterfere Nih exist
ing colleges in the diff rem Sfges, Ia many Of
which agricnliure Is taught s science ant in all
I Of which il Ough % be 50 taught These insiitu-
iuns Of learning Fave grown Up with the grow of
| he country the fosieriRg care Of the States
aud the muniiceucs Of individuals 10 meet the al
v4ncing deman ls for education They have proved
great blessings to the people. Many-indetd most
of them poor. ard susfsin then selves vim dir
Gcnlty What The effect Will be ON these institutions
# creating an iads6nife number Of rival colleges
susiaieei hy ihe endowment Of the federal govern
m-rt it is not difficult 10 determine.
Cnd.r this bill, u Is prOvidei thst scientific and
classical sudies shall DO, be excluded from ihem
lodesi il would be almost impossible sustain tAem
| without such provision; Ior no iAther wOull in
eur the expenses e sending sen to one Of these
iGsrtbtiOus for the sole purpose " making him
! scientific armsr mechanic Tee bill itself mega
ties 4his idea, and declares that their Object il
promote the liberal ard pratisal eduost,oB Of the
classes IN the several pursuits and probes
slous Of life" Tbij certainly 0ug TO be he case.
10 ibis view Of The snj ec Il Eould be far better f
Such an al preparation Of lanl must be made 10 in
stiut0ns OF learning in the several States TO apply
II dir, ely to the estibshmeBL " pr0fessorsbifs Of
agriculture aud the mechanic arts existing col
eges EithOut the intervention Of the State legsls
lures / weuld be difficult forsee how Ia So leg
islaiu,es will manage this funl Each representa-
tive IN Congress for whose district the pIop5rti0a
Of twenty m usaud acres has been granted. will
probably iUsist that he proceeds shall be expended
within its limits. There wIl undoubtedly he q
struggle between different localities ia each Stale
CONCERNING the division Of the gift, VII ch may end
IA disappointing The hopes Of the true friends OF
agricul ure. For this state Of hings we are with
cur remedy Not So in regard TO Siae colleges. We
mght grant lsud TO these corporations % establish
agricultural and mechanical professcrships; and,
should hey fail 20 comply with the eJHdidOrs on
~hie1 they accepted the grant, We might enforce /
specific performance Of these before ordinary courts
Of justice.
But does Congress possess the power, under the /
constitution TO make donatioa of public lands to
the different States of the Union to provide colleges
for the purpose Of educating their Own Peoplel
presume the general proposition Is uudeniable
that Congress does moi possess the power to sppro
pirate money IN the treasury raised by axes The
people Of the United Slater for the purpose Of edu-
Gazing tAe people Of the respective States. It viii
not be pretended that any such power is TO be found
amOag he spsci6c powers granted TO Cong ess. nor
that Il rs necessary aud proper Ter Carrying into
execution" any one Of these powers. Sh0ald Con-
gress exercise such power, this would be 20 oreak
down the barriers VI ch have bseBs carefully
strucled IN The constitution to seperlte federal from
State authority We should iaeH not only .'lay and
collect taxes. Ouies, imports, aud ex.ses" for fed
eral purposes. but for every ate purl o=e which
Con GIT deem expsd,ent useful This would
be acU.I consolidation of the federal and State
governments, so far as The gTeas taxing and money
power is concerned, and constitute sort Of part
ner-hip between the two in the treasury Of the Uai
ted States FanailV ruiDous both
But iii contende1 that the public lands placed
upon different (, o.ing from mQney raised 0y Taxa
ten, and that the proceed, arising from their sale
not subject TO the limitations # the constitution
bat mas he appropriated or given away by Congress
AZ its Discretion To- Stses eorPorAtions or in,
dViiusls for any purpose they may deem ex Dedesf.
The advocates Of tails bill attempt susian their
position upon the language Of the s4esBi clause of
the thIrd section of tho fourth article OF the con-
stu ion, which declares that Congress shall hav-
power dispose Of aud IKE eli Zee lful rules and
regulations sting the TERRITORY other propers
~ belonging to the Cuited States y The content
that by fair nteTpre aGIOn Of tbs words dispose
Of IN this cause, Congress possess the poser 10
make this git of public lands TO the Safes r pur
poses Of educ alton
IL would require clear and strong evidence 90 IN
1Gee the b. lief shat tie trainers Of the constitutions
having limited the powers Of Congress CERTAIN
precise sni specific Objects intended BY employing
he words ''iispOss Of, give that body unlimited
strange anomaly indeed, 10 have created iva funds
he by taxation eoIhasd 10 the execution Of !
.he enumerated powers delegated 20 ConRress, and 4
he other frcm TIE public lands, apple able 10 all
subjects, foreign and DOMESTIC which Congress might
designate. That this fund saOult be 'di posed Of
not TO psy the debts of the United States nor to
raise and support armies" ''tO provide and
maintain q navy, nor to accomplish any Of the
otheT great objects enumerated the constitution;
but BE DIVERTED from hem 10 pay the debts Of the
Fakn to- tauan hi IL
ect any other measure of their domest policy This
would be TO confer upon Cosgre-s ami ire !
'ponsble authority, utieFy at war with the
well known jealOsy Of federal power which prevail !
ed At the formation of the Constitution. TIE natural
ntendmsnt would he that The constitution eonfn-
ID Congress well-de6ne1 specific powers the funds
placed ct their command, EBeher in land or money,
should be Appropriated to the performance Of the
iuilss corresponding with these powers. If not, q
government has beeR created with all its other pow
FRS carefully limi ed; but without any limitation in
respect 10 the public lands.
But cannot read the words "dispose of as
% make them embrace the idea Of 'gising away =
lhe true meaning Of words is always TO be sscer-
aimed by the subject which they applied, and
he kno~n general intent Of the lsw-giver Con- .,
yress is trustee under he constitution for the pep
pie of the United States 'disposs Of their pub 2
nc lands and think may to assert with =
that no case eaa he found in which 3
trustee in the position of Congress has been authors
Zed 20 'dlspOse o. properly hy Its owner, where
il has ever Ueen held that these TSrds authorized
such trustee give away the fun entrusted 10 his
,are No trustee, when called upon 20 account for
he disposition Of the property p.aee1 under his
management before any Judicial tribunal, EOuli
venture 10 pre- eat such plea in his defence The
rue meaning Of these words is clearly stated By
Chief Justice fancy 20 delivering the opinion Of
he curt (9 Howard 4S6 lie says IN refer
enee 10 this clause of the constitution 'lt hegias
its euume atiOu Of powers by that Of dlspOsius; in
other words making SAFE Of the lands. or raising
m iney from them, which, have already saii
was the main object + the ces-ion frem the States
and when is the hrsi thiog provided for in the
4rtie e.. Il is unnecessary TO refer the history
of the times 10 establish the known fact that this
stat .ment Of the Chief Justice il perfectly well
fOuuded. T6at Il never intended by the frs
mers Of he constitution that these Lands should be
Zvea away by Congress is manifest from the CON
GLIDING portion Of the same clause. By IT, Con-
grsss has power not only 40 dispose Of" he terri
Tory but Of the "Other property Of the United
States" 10 the language Of he Chief Justice 70.
43i:l And the same power Of making needfui
ruies respecting the territory il IA precisely the
same language applied 10 the other property Of the
Uniiei Si,tsF, as-ocstiug the power over he terri
tory in MS respect with the power over movable
Or per-onal prOPerty-'hat is the ships arms or Z
munitions of war phieh then belonged in common
to ths State >oysreignties"
The question is sill clearer in regard to he public
lands 10 the ates and Territories within he LOG>
i-iaDa aud Florida purchases. These lands we're a
paid for out OF the public treasury from money rails