Weekly standard. [volume] (Raleigh, N.C.) 1858-1865, 1859-03-09

for wealthy individuals to acquire large tracts OF the
public land and hold them for speculative purposes
The low price to which this land scrip will 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 men 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
obtained from the government
4. 1t is extremely doubtful, to say the least,
whether this bill would contribute to the advance
mcnt of agriculture and the mechanics arts-objects
the dignity and value Of which cannot be too highly
appreciated.
The federal government which makes the dona-
ton, has confessedy no constitutional power to fol-
low it into the States and enforce the application of
the fund to the intended objects. As donors, we
shall possess no control over our own gift after 1t
shall have passed from our hands. Iii true that the
State legislatures required to stpulate that they
will faithfully execute the trust in the manner pre-
scribed by the BILL But should they fail to do this,
what would be the consequence? The federal gov
eminent has no power, and ought to have no power,
to compel the execution of the trust. 1t would be
in as helpless a condition as if even in this the time
of great need were to demand any portion of the
many millions of surplus deposited with the
States for safe keeping under the act of 1886.
s. This bill will njuriously interfere with exist
ing colleges in the different States, in many of which
agriculture is taught as science and in all of which
it ought to be taught These institutions OF learn
ing have grown up with the growth Of the country
under the fostering care of the States and the mun
icence of individuals to meet the advancing demands
for education. 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 an ndef
mite number of rival colleges, sustained by the en-
dowment of the federal government it is not difficult
| to determine.
Under this bill, it is provided that scientific and
classical studies shall not be excluded from them
| Indeed it would be almost impossible to sustain
them without such provision; for no father would
incur the expense of sending son to one of these
institutions for the sole purpose of making him
scientific farmer or mechanic. The bill itself mega
tives this idea and declares that their object is ito
promote the liberal and practical education of the in
dustral classes in the several pursuits and profess
sions of life" This certainly ought to be the case.
In this view of the utiect it would be far better,
such an appropriation of land must be made to in
situations of learning in the several States to apply
it directly to the establishment of proessorships of
agriculture and the mechanic arts in existing col
leges without the intervention of the State legisa-
lures. 1t would be difficult to forsee how these leg
islatures will manage this fund. Each representa-
tive in Congress- for whose district the proportion
of twenty thousand has been granted will pro-
|
within its limits. There will undoubtedly be
struggle between different localities in each State
concerning the division of the gift, which may end
in Disappointing the hopes of the true friends of sg
ricuture For this state of things we are without
remedy Not so in regard to State colleges We
might grant land to these corporations to establish
agricultural and mechanical professorships; and,
should they fail to comply with the condition on which
they accepted the grant, We might enforce specific
| Of fhaSnh afor fha nj
! justice.
But does Congress possess the power under the
constitution, to make donation of public lands to
the different States of the Union to provide colleges
for the purpose of educating their own people?
Ipresume the general proposition is undeniable
that Congress does not possess the power to appro
pirate money in the treasuary raised by taxes on
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 Con-
gress that it is necessary and proper for carry
ing into execution" any one of these powers.
! Should Congress exercise such power, this would
be to break down the barriers which have been so
carefully constructed in the constitution to separate
federal from State authority. We should then not
only clay and collect taxes, duties, imposts, and
excuses" for federal purposes but for every State
purpose which Congress ght deem expedient or
the federal and State governments, so far as the
great taxing and money power is concerned and
constitute sort of partnership between the two in
the treasury of the United States equally runous
to both.
But it is contended that the public lands are placed
upon different footing from money raised by taxa
tion, and that the proceeds arising from their sale
not subject to the limitations of the constitution
but may be appropriated or given away by Congress-
at its own discretion, to States, corporations or in
divlduals for any purpose they may deem expedient
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 needfu,
rules and regulations respecting the territory or
other property belonging to the United States. :"
words disposed of in this clause, Congress possess
the power to made this gift of public lands to the
States for purposes of education
1t would require clear and strong evidence to in
duce the belief that the trainers of the constitution.
after having limited the powers of Congress to Ger.
tain precise, and specific objects, intended by en-
ploying the words dispose Of" to give that body
unlimited power over the vast public domain 1t
would be strange anomaly, indeed to have created
two funds, the by taxation confined to the exc
cuton of the enumerated powers delegated to Con-
gress and the other from the public lands, applca
bic to all subjects foreign and domestic which Con
gress might designate That this fund should be
disposed Of" not to pay the debts of the United
Statss nor Ito raise and support armies" nor to
provide and maintain navy" nor to accomplish
any one of the other great objects enumerated in
the constitution but be delivered from them to pay
the debts of the States to educate their people, and
to carry into effect any other measure of their do
mestic policy. This would be to confer upon Con
gress vast and irresponsible authority, utterly al
war with the well known jealousy of federal powe,
which prevailed at the formation of the constitution
The natural intendment would be that, as the con
stituton confined Congress to well-defned specii,
powers, the fund placed at their command, whethe,
in land or money, should be appropriated to tn,
performance of the duties corresponding with thes
powers. If not, a government has been created
with all its other powers carefully limited but with
out any limitation in respect to the public lands.
But cannot SO read the words dispose of" a
to make them embrace the idea of "giving away.