The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1859-02-27

away the fund entrusted his No trustee, when
called upon TO Account he disposition Of he property
placed under hs management icIorc any judicial tribu
nal would venture 10 ptescnt such plea IN his defence
Tho ttde iieanng Of theso words Ia clearly stated by
Chief justIce 1aaos id deliveing the opinion OF the
court 10 Howard p 1861 lie says, in reference 70
this clause Of tic constitution, ut begins its enunera
ton Of powers by that Of dispcsng in other words ma
king sale of the lans, or raising MONEY from them,
which. have already said was te main object Of
the oession from Tie States aud which is the first
thing provided for in the article IL is unnecessary to
refer TO the history of the times establish the known
fact that this statement OF the Chief Jucc is perfectly
we'll founded That II 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 clause BY IT, Congress has power not only ito
dispose of the territory but of the othcr property Of
the United States" In tho language of the Chief JUS
tce, Up. 437 "And the power of making needul
rules respecting the territory is ia precisely the sainc Ian
guage applied TO the other property of the United States
associang the power the territory In this respect
with the power movable personal property
that u.s. ths ships, arms munitions of war which then
belonged in common to the State soyereigniios-
The question is still clearer in regard TO the public
lands in the States aud Territories within the Louisiana
and Florida purchases These lands pail for out Of
the public treasury from money raised by taxation Now,
II Congress had power TO appropriate the money with
which these lands purchased is IL not clear that the
power over the lands il equally limited The CON
version Of this money into land could not confer upon
Congress power the disposition of Land which
they had possessed over money If it could then
trustee by changing the character Of the fund entrusted
To his care Tor special objects from money into land,
might give the land away devote it TO purpose
he thought proper however foreign from the trust The
Inference is irresistible that this land parakes of the very
same character with the money paid for it, and can he
devoted to objects different from those To which the
money could have been devoted II this were not the
case then by the purchase of new territory from for
ern government out of the public treasury, Congress
conld enlarge their powers and appropriate the pro-
ceeds of the sales Of the land thus purchased at their
discretion to other and far different objects from what
they could have applied the purchase money which had
been RAISED by taxation
IL has been asserted truly that Congress- In numerous
instances have granted lands for purposes education
These grants have been chiefly if not exclusively made
TO the new States as they successfully entered the
Union and consisted at the first of section and after
wards of two sections of the public lands in each town
ship for the of Schools well of additional sec
tons for State university 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 il is both the right and the duty
of Congress their trustee to manage these lands
any other prudent proprietor would manage them for his
own best advantage. Now, no consideration could be
presented stronger character 10 induce the Amcri-
can people brave the difficulties and hardships of from
el life and 10 settle upon these lands end purchase
them at air price, than to give to them and to their
children an of the means of education. II 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 speculation, he would
pursue this No person will contend that dona
ons of land to all the States Of the Union for the
ton of colleges within the limits OF each be embraced
by this principle 1T cannot be pretended that Agr-
cultural College in New York Virginia would aid the
settlement facilitate the sale of public lands in Mime
sofa or California This cannot possibly be embraced
within the authority which prudent proprietor of land
would exercise his possessions. purposcly
avoid any attempt TO define what portions of land 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 case adopt
the rule that sufficient unto the day is the evil there
Of" JAMES BUCHANAN
WASHINGTON Cry, February "a, 1889.