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

In the St year OF war with powerful naVai nation
the revenue from customs must in great degree cease
resort to loans will then become ssary and these
always be obtained fathers obtained them On
advantageous terms by pledgng the public lands as Sc
curity In this view of the subject it would be wiser to
grant money to the States for domestic purposes than to
squander away the public lands and transfer them in
large bodies into the hands of spectators.
successful struggle the part of the State govern
mens with the general government for the public lands
would deprive the latter OF the means OF performing its
high duties especially at critical and dangerous periods
Besides it would operate with equal derment to the
best interests of the States It would the most
wholesome of all restraints on legislative bodiethat of
being obliged to raise money by taxation from their con-
stituentsand would lead to extravaganza if not to
ruption. What is obtained easily and without respon-
sibility will be lavshly expended.
3. This bill, should it become law, will operate
greatly to the injury of the States The progress
of settlements and the increase of industrious popula
ton owning interest n the soil they cultivate the
which will build them up into great and flourish
ing Commonweaths Nothing could be more prejudi-
cal to their interests than for wealthy individuals to
qure large tracts of the public lands and hold them for
speculative purposes The low price to which this land
scrip would probably be reduced will tempt spectators
to buy it In large amounts and locate it on the best lands
belonging to the government The eventual consequence
must be that the who desire to cultivate the soil
will be compelled to purchase these very lands at rates
much higher than the price at which they could be OBJ
tanned from the government.
a. 1t extremely doubtful to the least, whether
this bill would contribute to the advancement of agr-
culture and the mechanic arts-Obects the dignity and
value of which cannot be too highly appreciated.
The federal government, which makes the donation,
has conessedy constitutional power to follow it into
the States and enforce the application OF the fund to the
intended objects. AS donors shall possess no con-
troll gift after it shall have passed from
hands, 1t IS true that the State legislatures requr
ed to stpuate that they will faithfully execute the trust
in the manner prescribed by the BILL But should they
fail to do this what would be the consequence? The
federal government has power and ought to have no
power to compel the execution of the trust 1t would
be in bel pless condition if in this the time
of great need were to demand any portion of the
many millions of surplus revenue deposited with the
States for safe keeping under the act of 1886.
s. This bill will injurously interfere with existing
colleges in the different States in many of which agri-
culture is taught as science, and in all of which it
ought to be so taught These institutions OF learning
have grown up with the growth OF the country under
the fostering of the States and the muncence of
individuals to meet the advancing demands for educa-
ton. They have proved great blessings to the people.
Many-indeed, most of them-are poor and sustain
themselves with difficulty. What the effect will be on
these institutions of creating indefinite number of
rival colleges sustained by the endowment of the federal
government, it is not difficult to determine.
Under this BILL it is provided that scientific and clas-
steal studies sail not be excluded from them Indeed
it would be almost impossible to sustain them without
of sending son one of these institutions for the sole
purpose of making him scientific farmer mechanic.
The bill itself negatives this idea, and declares that their
object to promote the liberal and practical education
of the industrial classes in the several pursuits and pro-
LESSONS of life" This certainly ought to be the case
In this view of the subject, it would be far BETTER if
such appropriation Of land must be made to nsttu-
tons of learning in the several States, to apply it direct
to the establishment of proessorships of agriculture
and the mechanic arts in existing colleges without the
intervention of the State Legislatures. 1t would be diff
fcut to toresee how these legislatures will manage this
fund. Each representative in Congress- for whose dis
trct the proportion of twenty thousand has been
granted will probably insist that the proceeds shall be
expended within its limits. There will undoubtedly be
struggle between different localities in each State
corning the E +, which may end in disappointing the
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 their corpora
ons to establish agricultural and mechanical professor
ships and, should they fail to comply with the condi-
tOns which they accepted the grant, we might en-
force specific performance of these before the ordinary
courts of justice.
6. But does Congress possess the power, under the
constitution, to make donation of public lands to DIFF
erent States OF the Union to provide colleges for the
purpose OF educating their own people?
presume the general proposition is undeniabe that
Congress does not possess the power to appropriate
ey in the treasury raised by taxes the people of the
United States for the purpose of educating the people of
the respective States. 1t will not be pretended that
any such power is to be found among the specific powers
granted to Congress- that it necessary and proper
for carrying into execution any of these powers
Should Congress exercise such power, this would be
break down the barriers which have been carefully
constructed in the constitution to separate federal from
State authority. We should then not only lay and
collect taxes duties imposts and excuses for federal
purposes but for every State purpose which Congress
might deem expedent useful. This would be &C
ual consolidation of the federal and State governments
far the great taxing and money power concerned
and constitute sort of partnership between the two in
the treasury of the United States equally ruinous to
both.
But it is conended that the public lands are placed
upon different footing from money raised by taxation
and that the proceeds arising from their sale not sub
ect to the limitations of the constitution, but may be
appropriated away by Congress, at its own dis
erection to States, corporations, Individuals TOR any
purpose they may deem eXpedent.
The advocates of this bill attempt to sustain their po-
ston upon the language of the second clause of the third
section of the fourth article of the constitution, which
declares that the Congress shall have power to dispose
Of and make all needu rules and regulations respecting
the territory other property belonging to the United
States They contend that, by fair Interpretation oil
the words dispose of in this clause Congress possess
the power to make this 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 hav
ing limited the powers of Congress to certain precise
and specific Objects intended by employing the words
dispose off, to give that body unlimited power
the vast public domain. It would be strange anomaly
indeed to have created two funds the by taxation
confined to the execution of the enumerated powers dele
gated to Congress- and the other from the public lands
applicable to all subjects, foreign and domestic, which
Congress might designate, That this fund should be
disposed Of not topay the debts OF the United States
to raise and support armies to provide and
maintain navy" nor to accomplish any one of the
other great objects enumerated in the constitutions but
be diverted from them to pay the debts of the States to