New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-06-26

States to dispose Of their pu lie lands, and thiok
may venture to assert With confidence that case
can Be found IN which trustee IN the pcsnou of Con-
erese has been auth 'rized 70 dispose Of properly
by its owner, where II has been held that these
words authorized such trustee 10 give way tue fluid
lntrusted TO his No trustee, when called apon 10
account for the disposition VI tie property placed ua1e
his management before any judicial trionnal, would
venture to present such plea Ia MS defence Inc
true meaning Of these words is sary stated 10y Caie
Justice Tsney in delivering the oP,non OF the Court
Q9 Howard, p 1866. lie says, in reference TO this
clause of the Constitution Il begins us enumeration
Of powersb by that of dsposDg Ia other WORDS making
q sale of the lands, raising money rum tnen which,
a. rs we have already said, the object Of the
cession from The Sstes), and which the rst thug
provided for in the article H. unnecessary TO re-
fer to the history OF the times % establish the known
fact that this statement Of the Chief Justice s perfectly
well founded That 1t never was intended by the
trainers Of the Constitution that these Lands should be
given away BY Congress is manifest from the oonclud
ing portion OF the same clause. By H. Congress has
power not only "to Dispose of the territory bu! OF
the "other properly of the United St.les" In the
language Of the Chief Justice lp. 4J7): "And tho
I" same pewer of making needful rules respecting the
territory is in precisely the Language applied TO
the other property OF The United Stes assoeiating
the 20 the territory, respect with the
power over movable or personal pro ety-that is,
" The ships, arms munitions of var winch then be-
longed IN common 20 tue State sovereigntes."
The question Is still clearer in regard 10 tns public
lands N the States and Territories within the Louisiana
and Flords purchases. These lands paid for out
OF the public Treasury from IGoney RAISED by taxation.
Now, il Congress had no power 10 appropriate the
money with which theee lands were purchased, is
not clear that the power Tie Lands 10 equally u
hedi The mere conversion OF ths money into nd could
not confer upon Congress power over The dispo-
sdon Of land which they bad not possessed over money.
~ could, then trustee by changing tie character VI
the fund ntrnsted 10 his for special objects from
money into land, might give the laid away, devote
70 any purpose be thought proper, however foreign
from the trust The inference irresistible that this
land partakes Of tho very same character with the
4Nraf h. "A. sAht
different from those to which the money could nave
been devoted. Ii this the case, then, by the
purchase Of new Territory from foreign Govern
ment of the public Treasury, Congress could en-
large their own powers, and appropriate The proceeds
of the sales of the land thus pur.hSed at their own
discretion, other and far different OBJECTS from what
they cosld have applied the purchase money which had
been raised by taxation.
III. IL will prove unequal and unjust In its operation
among the actual settlers the nselvts.
The frs. settlers Of ~ coiniry a most MERIT
rious class. They brave the dAa OF savage war
fare suffer the prlvatoDs OF frontier lie, aud with
the hand CT toll bring tue WILDERNESS INTO cult sson
The old settlers, they everywtefe called are
public benefactors. This class have all paid Tor tier
lands The governGent price, 81 - yer They
have constructed roads, established schools, and laid
the foundation Of prosperous ON onwealLns Ii it
Just Is equal, that, afLsr they have aecJut shed all
this by their labor settlers should come ia among
thsm and receive their farms ~ tue price OF twenty
five or eighteen cents per acTsI Surely the old set
tiers as class are entitled " at least equal benefits
with the new. II you give the new setJers their
lands for comparatively nominal price, upon every
principle Of equality and justice, sou VIII 10 Obliged 10
refund out OF the common essury tue difference
which tie old have paid above the new settlers for
their land.
Ill This bill will Go great injustice TO the old
soldiers VINO have received baud warrants for their
services in fighting the battles # taeir country. 10
will greatly reduce the market lue o these warrants.
Already their value las sunk, for one hundred and
sixty acre warrants, 10 sixty seven GEMS por acre,
under apprehension that SUCH neas1re as tois
might become u Law. What pIice would they COM
mand, when any head OF family may take Possession
of quarter secuon Ia d, and hot pay for 1t until
the end of five years, ana thtn at the Fate OF only
twenty five cents per acre 1hs magnitude OF the IN
be affected will sppear II The Tact tnas there
are outstanding unsatished band warrants reaching
back TO the ssI war with Great Britain and even re
evolutionary times, amounting IN rsund numbers, TO
seven and half MILL u acres
~ This bill will prove unequal and uni ust in its
operatiep because, from its uanre 1t confined TO
one class Of our psopls IL Ii Doom expressly con-
ferred upon tbs eutsatOrs of the coal. Whlis IL 10
cbeerfuDy admitted thai these the most numerous
and useful class of followed lzens aud emlnenuy
de,erye all The advantages Which our laws bass al
ready extended to them, YET there sAoud We no nov
Legislation winch would operate 10 TIE INJURY OF en-
bsIras ment of the large body oi resle taJe artisans
and laborers. Tne lechahio VINO emJgtates 10 the
West and purtuts bis call L., nust h0 long before
he can purchase quarter secilon vi lhudi wme the
tiller OF the coil Who accompanies INN o0taLs farm
at once by the bounty Of the GoN.rhnebt. Inc hu
nerous BODY of mechanics III our e. cities cannot
by enigIRtng 70 the Nest ahs CIV a<fSS VI suo
provisions OF this bill without entering upon new o.,
cupaon for which their habits of lue nave rendered
" This bill s unjust 10 the old States of the Union
in many respects and among these states 80 lar al the
public lands concerned, we NAY eIumerste every
State east Of the Mississippi, with The exception vi
WISCONSIN and portion oI MINI ESQ a. 80
IN Ia a common belief within their limits, that the
older States of the Contederacy do not derive heir
proportionate benefit from the public lands Inns
not Jus, opinion. II Is doubtful whether lhey could
De rendered more beneficial these states under any
other system than that which at present exists Their
prooeeds 90 into the common treasury 10 accomplish
the objects Of the Government, and Ia tins napner all
the States are benefited IN just proportion Dot 10
ve tIs common inner ance away would deprive the
old States of their just proportion of tins revenue
without holding out any the least, corresponding al
vantage While II 10 our common Bi'r! thal the lie"
Staas have become prosperous ana POpuious there
Is no GOOD reason why the old States should oHer pre-
,ms 10 their own citizens ellgrilt- from theln 10
the West That land Of promise presents ia Itself
sufHcjeut allurements 70 our young and eaterprSng
citizens without any adventurous aid Inc oner oI
free farms would probably have powerful eiect III
encouraging emigration, especany no" ot.'es 1 ,he
Illinois tennessee and KenIucsy, " the west OF the
Sis,issppi and could I'D to reduce the price OF
nroper,y within their limits. An individual III States
Tins situated would not pay lis far value lor iand
when by crossing the Mississippi he could 60 upon
the public lands and obtain q iarm ALMOST "ltnou'
money and without price, -.
VI This bill will open vast held for specuIation
Men Will not pay 81 70 for lands, when they Gun pur
chase them for one-th OF that price, Large numbers
of actual settlers will be carried out by capitalists upon
agree rDepts TO give them half OF tue Land iOr tue I'M
Toyeuent of the other half This cannot be avoided
Secret agreements of this kind VIII be- numerous: IA
te entry of graduated Lands, the experience oi the
Land Office jastifes his objection. -.
VII We ought 10 maintaln the most perfect
eonalifv between native aud naiurized citizens They
at,6O uUhf al