A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
History
A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan
Buchanan, James, 1791-1868; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
It would require clear and strong evidence to induce the belief that the
framers of the Constitution, after having limited the powers of Congress
to certain precise and specific objects, intended by employing the words
"dispose of" to give that body unlimited power over the vast public
domain. It would be a strange anomaly, indeed, to have created two
funds--the one by taxation, confined to the execution of the enumerated
powers delegated 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 to pay the debts
of the United States, nor "to raise and support armies," nor "to provide
and maintain a navy," nor to accomplish any one of the other great
objects enumerated in the Constitution, but be diverted from them to
pay the debts of the States, to educate their people, and to carry into
effect any other measure of their domestic policy. This would be to
confer upon Congress a vast and irresponsible authority, utterly at war
with the well-known jealousy of Federal power which prevailed at the
formation of the Constitution. The natural intendment would be that as
the Constitution confined Congress to well-defined specific powers, the
funds placed at their command, whether in land or money, should be
appropriated to the performance of the duties corresponding with these
powers. If not, a Government has been created with all its other powers
carefully limited, but without any limitation in respect to the public
lands.
But I can not so read the words "dispose of" as to make them embrace
the idea of "giving away." The true meaning of words is always to be
ascertained by the subject to which they are applied and the known
general intent of the lawgiver. Congress is a trustee under the
Constitution for the people of the United States to "dispose of" their
public lands, and I think I may venture to assert with confidence that
no case can be found in which a trustee in the position of Congress has
been authorized to "_dispose of_" property by its owner where it has
been held that these words authorized such trustee to give away the fund
intrusted to his care. No trustee, when called upon to account for the
disposition of the property placed under his management before any
judicial tribunal, would venture to present such a plea in his defense.
The true meaning of these words is clearly stated by Chief Justice Taney
in delivering the opinion of the court (19 Howard, p. 436). He says in
reference to this clause of the Constitution:
It begins its enumeration of powers by that of disposing; in other
words, making sale of the lands or raising money from them, which, as we
have already said, was the main object of the cession (from the States),
and which is the first thing provided for in the article.
Public-domain text, read in full here on John Shaqi.
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