The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1859-03-09

q i6f the industrial classes in the several
pursuits and professions of life." This
certainly, ought to be the case. In this
view Of the subject it would be far better,
Hsuch an appropriation OF land must be
: made to institutions oflearning in the sew
eral States, to apply it directly to the es-
- eablishment of professorships of agriculture
= and the mechanic arts in existing colleges
4e, without the intervention of State Legisla-
~ sures. 1t would be difficult to forsee
~ how these Legislatures will manage this
8, flnd. ,,.s...,.e 81.
,l5saa Each representative in Congress, for
whose district the proportion oftwen-
y thousand acres has been granted, will
probably insist that the proceeds shall be
!, expended within its limits. There will
= undoubtedly be o struggle between differ
i ent localities in each State concerning
Che division of the gift, which may end in
a, disappointing the hopes of the true friends
shtsof agriculture For this state of things we
are without remedy Not so in regard to
81 State colleges. We might grant lands to
.lthese corporations to establish agricultural
and ndmechanicsl professorships; and should
they fail to comply with the conditions on
which they accepted the grant, we might
!. enforce specific performance ofthese before
the ordinary courts of justice,
:. ,,.,,6., But does Congress possess the pow
or, under the Consultation, to make dona-
sion of public lands to the different States
Of The Union to provide colleges for the
purpose Of educating their own people?
4 presume the general proposition
+. 10 undeniable that Congress does not pos.
y's.sess the power to appropriate money in the
'1s5 Treasury raised by taxes on the people Of
the United States for the purpose of edu-
eating the people of the respective States
Il will not be pretended that any such pow
eriis to be found among the specific pow
ers granted to Congress, nor that it "is ne
9 cessary and proper for carrying into exc
cution" any one of fthese powers. Should
Congress exercise such power this would
be to break down the barriers which have
! sbeenl so carefully constructed in the Con-
ptituion to separate Federal from Stste
: authority. We should then not only clay
and collect taxes, duties, imposts and ex-
- cisesn for federal purposes which Congress
4 might deem expedient or useful This
would be an actual consolidation of the
Federal and State governments, SO far as
9he great taxing and money power is con-
iol serned, and constitute o sort of partnership
between the two in the Treasury of the
unised States, equally ruinous to both. s
...ss s But it is contended that the public
,4a. lands are placed upon different footing
% from money raised by taxation, and that
!, : the proceeds arising from their sale are
i. not subject to the limitations of the
YstGonstitution, but may be appropriated
& or given away by Congress, at its own
discretion, to States, corporations or in
dividuals, for any purpose they may deem
I,a expedient. n
The advocates of this bill attempt to
sustain their position 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
,.r needful rnles and regulations respecting,
a .s:the territory or olher property belonging
si1sto the United States." They contend
that. by 3 fair Interpretation of the words
- FNiispose Of" in this clause, Congress
possesses the power to make this gift of
ssk5 public lands to the States for purpose of
'sss sstiucation. oa -2tscd 20
sss- ss Il would require clear and strong evil
Il.wdeucs to induce the belief that the fra
a., mees, of. the Constitution, after having
"a limited the. powers of Congress to certain
ssprscise and specific objects, intended, by
astemploying the words dispose Of" to
'sz' give that body unlimited power over the
vast public domain. 1t would be a
TX arrange anomaly, indeed, to have created
two funds, the one by taxation confined to
tho execution of the enumerated powers
Il dslegated to Congress, and the other
from the public lands, applicable to all sub.
Il jects foreign and domestic, which Congress
"a ssmight designate. That this fund should
assbs "disposed of,"not to pay the debts o.
the United States, nor ''to raise and sup
port armies, nor ito provide and main
81 sain navy" nor to accomplish any on'
soft other great objects enumerated il
sAAg she Constitution; but be diverted from
'ss them to pay the debts of the States, tt
educate their people, and to carry int
.zxz effect any other measure of their domes
tic policy. @
r: This would be to confer upon Con
iigress avast and irresponsible authority
~. utterly at war with the well-known jeal
oasy Of Federal power which prevailed
at the formation of the Constitution.
The natural intendment would be that
. %as the Constitution confined Congress t,
, 4 cvsll-defned specific powers, the fund
T10f placed at their command, whether in lant
y ormoney, should be appropriated to tn
performance of the duties corresponding
al With these powers. If not. govern
ment has been created with all its 5the