Slavery -- United States; United States -- Politics and government -- 1849-1853
But I refer to the express words of the constitution, as ample and
effective in conferring all the power that is claimed. “Congress
may dispose of, and make all needful rules and regulations,” &c. If
Congress may “dispose of” this land, then it may sell it. Inseparable
from the right to sell is the right to define the terms of sale. The
seller may affix such conditions and limitations as he pleases to the
thing sold. If this be not so, then the buyer may dictate his terms to
the seller. Answer these simple questions: Supposing the United States
to own land in fee simple, then, is the government under guardianship,
or disabled by minority? Is it _non compos mentis_? If no such
disability applies to it, then it may sell. It may sell the fee simple,
or it may carve out a lesser estate, and sell that. It may incorporate
such terms and conditions as it pleases into its deed or patent of
sale. It may make an outright quitclaim, or it may reserve the minerals
for its own use, or the navigable streams for public highways, as
it did in regard to the territory north-west of the river Ohio. It
may insert the conditions and limitations in each deed or patent;
or, where the grantees are numerous, it may make general “rules and
regulations,” which are understood to be a part of each contract, and
are therefore binding upon each purchaser. No man is compelled to buy;
but if any one does buy, he buys subject to the “rules and regulations”
expressed in the grant; and neither he, nor his grantees, nor his or
their heirs after them, can complain. I want, therefore, no better
foundation for legislating over the territories than the fact of
ownership in the United States. Grant this, and all is granted. If I
own a farm, or a shop, I may, as owner, prescribe the conditions of its
transfer to another. If he does not like my conditions, then let him
abandon the negotiation; if he accedes to the conditions, then let him
abide by them, and hold his peace.
Public-domain text, read in full here on John Shaqi.
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