Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1860-03-30

construed IN connection with the ceSsIOE deed would
read: IS The Congress shall have power to dispose
of and make all needful rules and regulations re-
specting the territory for the purpose of raising
common fund for the use and benefit Of all the
States 1t is thus conclusivey shown that the first
great object of the deeds of cessiOn. and of the
clause in the Constitution made TO enable Congress
to execute the trusts the raising Of revenue by
selling the lands, and that the encouragement Of
settlements with q view TO the early formation Of
States was then a secondary object
In this view Of the objects of the cessi0Ds and the
power of Congress under the territorial clause of
the Constitution, [ am fully sustained by the SUI
preme Court in the late bred Scott case. The fol-
lowing extracts from the opinion Of the Court the
bear directly on subject
Speaking of the cession by Virginia, the chief JUS
tce says:
Ths only e OF the State in making this cesson was topu
end to the threatening and exciting controversy and
propree the proceeds common fund for the benefit Of the
Again:
Ths example Ofynia vs.. soon afterwards followed by 9TH
these cssons were desired and made was on c5oun Of their
money value and to put end to dangerous controversy sto
s 53 vas entitled the proceeds when the lands should be
Speaking of the territorial clause in the Consttu-
ton. he says:
sit begins its enumeration Of powers by that Of dsposizg-
in o,her words king sale tie lands, raising money
from them, which, have already said the object
Of the and which accordingly thing provided
for in the article "
It would be difficult Mr. President if not impos-
sible to reconcile much Of our legislation regard
to the public lands TO tins construction of the Const
tuition If it be conceded that the powers Of Congress-
rs TO al public domain, to be deduced from
the territorial clause of the Constitution. 1t could
only be done upon the assumption that when Con-
gress provided for funding the debts of the RevOlu
ton and the Federal Government became response
BILE for the payment, and especially after they had
been actually paid the great purpose of the cessiOn
/ and Inv
far released from its tiduciary obligations be
justified in its subsequent management Of the trust
in looking chiefly to the consummaton Of its second
Object-the encouragement Of settlements the
public lands, with view to the formation and adj
mission Of new States into the Union 1t was upon
this view of the subject that President Jackson in
1892 suggested to Congress the prOpriety Of aban-
dOning the idea of raising future revenue out of
the public lands. He regarded the public lands as
having been pledged for the payment of the rev0lu-
tionary debt and when this object was accomplished
/ he considered the trust as discharged. However
plausible this view may be, it is certain that it has
not been adopted universally satisfactory. Many
of our statesmen still insists that The territorial
/ clause of the Constitution forbids Congress from
making any disposition Of the public lands, which
does rot look TO revenue and money equivalent as
essential considerations. This opinion recognizes no
distinction between the lands ceded and those acqur
/ ed by purchase and derives the power of Congress
over all of public domain from the territorial
clause in the Constitution If it can be shown that
the territorial clause in the Constitution has APP
pcatiOn to the public lands. obtained by purchase
treaty from foreign nations the error Of deducng
the powers Of Congress over those lands from that
/ clause viii be patent. This becomes question of
/ controlling importance in the present discussion,
inasmuch as the Hill before the Senate is confined in
its operation to the lands acquired by purchase or
treaty.
Fortunately, Mr. President am relieved from the
necessity of arguing the question by the reasoning
and adjudication Of the Supreme Court in the same
/ case from which / have already made quotations
/ In the course of the very elaborate examination of
the source from whence Congress derives its pow
ers the Territories, the chief Justice in regard
to the territorial clause, says:
The language used in the clause arrangement and com.
bnaOn the powers the unusual phraeoloy
# uses, when speaks Of the political power be used in the
OF territory all indicate the design and meaning OF
be such as we have maintained It does not speak
Of any territory Of Territories, but language which,
according to its legitimate meaning, points to particular thing
The is given only in relation the territory OF the United
satestha is territory then in existence and then
/ or claimed as the territory Of the United States"
He announces the conclusion of the court
/ the question IN language still more pointed. He
/ says
Whether therefore, particular clause in question
1.-THE territorial sause by ITSELF connection with the other
provisions Of the Constitution think it clear that applies
only the particular territory Of which have spoken, lhe
coded tory and cannot justrule Of Interpretation,
/ war RS obtain frO1 foreign nation"
This authority, Mr. President. is direct to the
point. and is conclusive it eXpOdes the error that
I powers OF congress over the purchased DOMAIN
deducibe from the territorial clause in the Con-
ttutOn it eXplodes. at the time, the idea bas
ell that clause and the Cesson deeds, that in Dis
posing of the purchase domain, Congress Is bound
to regard revenue and a money equivalent as essen
tial considerations If any such constitutional obi
CATION restriction rests upon Congress it is now
made manifest that it must be found in some other
than the territorial clause Of the Constitution.
1t devOlves upon next, Mr. President to find
the clause in the Constitution from which Congress
lilo
UrChase or treaty. The court in the case already
preferred TO- has removed all difficulty in locating
this power, as viii be manifest from the following
extracts from that opinion The Chief Justice SAYS
The power expand the territory Of the United States by
admission ofnew States plainly given coustruc
ton Of this by all the departments Of the Government it
has held the acquisition territory,
aunSo1 at the time out 70 % al as soon as It's population
aud situation would entte it to admission It is acquired
become State and not to be held colony and governed BY
Conzres WITH absolute authority ana as e pTopne OF admit
ton State committed to the sound discretion Of Congress
the acquire territory for that purpose be hedby the
United States until tits N suitable condition to becomea State
upon an equal footing with the other States ur upon the
the people the United States this
only through the Government which represented them,
JrtI, to laws md ss5IisE sr5 me- - IS
enable those by whose authority they Acted the advantages
which would enable to assume the position to which 4 Vas @
tined among the the Union The power acquire
necessarily carries with it the to and apply
the purposes for which it vas acquired
Whatever 1.-THE Federal Government acquires, acquires
for the benefit of thepeop Of the States
u their trustee acting for them and charged with the duty of
promoting the interest Of the whole Of the Union in the exercise
Of the powers specifically granted"
1t follows, Mr. President, that the relation of
the Federal Government to pubic domain,
whether obtained by cesSlOns from States or pur-
cnases from foreign nations, is that Of trustee
Ior the benefit Of the people Of the several States
The powers of the trustee. in executing the trust
essentially different in regard to the two kinds
| of domain in this: that, as to the coded domain.
the trustee was expressly required, by the terms
Of the deed, to dispose of the lands for money,
the means Of providing common fund, to be
applied to the debts Of the benefCiaries but, as
to the purchased domain, such specific instruc-
ton obligation is imposed upon the trustee. |
In both cases. the formation of new States is the
ultimate object 10 be accomplished in both cases
the trustee must look to the Constitution for his
powers and for the limitations thereto in the one
case the power IS found in the territorial clause
anc that, coupled with the Cesson deeds, limits !
the power Of the trustee to dispositions of the |
lands for money; in the other case, the power is
found in the new state clause. and that carries !
with it the power to make all laws which shall be
necessary and proper for carrying into execution !
the specific grant to admit new States into the !
Union. The public domain obtained by purchase |
was not acquired for the purpose of making profit |
by resale but for the purpose OF gathering thereon
population. to be formed into new States. Laws /
therefore. necessary and proper for carrying into
execution the power to admit States mnst |
look directly and legiumately to the accomplish |
ter accomplished, or if l. can be rs we'll accom- |
plished by selling the lands for profit such dis
position would be legitimate and proper As a |
faithful trustees the Federal Government is bound
not to squander msappropuate the lands, and |
therefore. sound principles of equity, ought so
TO manage the trust to reimburse the Govern
merit for all OUTLAWS in acquiring and preserving
the lands. As the lands sold have already REIN
bursed the Government for these outlaws the trust
in this respect. has been faithfully executed But
the great cardinal and controlling principle in
further executing the trust should be, that every
law passed providing for the disposal of the lands,
should be necessary and proper in the sense Of
the Constitution for accomplishing this object for
which they were acquired. BY this rule the bill be-
fore the Senate, well much Of the existing land
legislation must be tested
But, Mr. President before proceeding to apply
this test desire to ailude certain opinions and
propositions in regard to the public lands. from the
correctness Of which l entirely dissent. \ very
great error prevails as to the money value OF our
public domain. Estimating each acre a the mini
mum price, it is not unfrequent to hear our public
lands valued as high $4,000, 900 600. Hence it is
assumed that they constitute the basis of high public
credit which. in times Of emergency, may be of i'm
mense value, and from this Is deduced an argument
against appr0prating the public lands actual set
tiers without money consideration, and of holding