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
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." It is unnecessary to refer to the history
of the times to establish the known fact that this statement of the
Chief Justice is perfectly well founded. That it never was intended by
the framers of the Constitution that these lands should be given away
by Congress is manifest from the concluding portion of the same clause.
By it Congress has power not only "to dispose of" the territory, but of
the "other property of the United States." In the language of the Chief
Justice (p. 437): "And the same power of making needful rules respecting
the territory is in precisely the same language applied to the other
property of the United States, associating the power over the territory
in this respect with the power over movable or personal property; that
is, the ships, arms, or munitions of war, which then belonged in common
to the State sovereignties."
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