Slavery -- United States; United States -- Politics and government -- 1849-1853
Sir, in the state to which I belong, we hold temperance to be a great
blessing, as well as a great virtue; and intemperance to be a great
curse, as well as a great sin. I know of incorporated companies
there, who have purchased large tracts of land for manufacturing
purposes. They well know how essential is the sobriety of workmen to
the profitableness of their work; they know, too, how wasteful and
destructive is inebriety. In disposing of their land, therefore, to the
men whom they would gather about them and employ, they incorporate the
provision, as a fundamental article in the deed of grant, that ardent
spirits shall never be sold upon the premises; and thus they shut up,
at once, one of the most densely-thronged gateways of hell. Have they
not a right to do so, from the mere fact of ownership? Would any judge
or lawyer doubt the validity of such a condition; or would any sensible
man ever doubt its wisdom or humanity? Pecuniarily and morally, this
comes under the head of “needful rules and regulations.” If tipplers
do not like them, let them stagger away, and seek their residence
elsewhere.
But the United States is not merely a land owner; it is a sovereignty.
As such, it exercises all constitutional jurisdiction over all its
territories. Whence, but from this right of sovereignty, does the
government obtain its power of saying that no man shall purchase land
of the natives, or aborigines; and that, if you wish to buy land in
the territories, you shall come to the government for it? Is there
any express power in the constitution authorizing Congress to say to
all the citizens of the United States, “If you wish to buy ungranted
land in the territories, you must come to us, for no one else can
sell, or shall sell”? This right, sustained by all our legislation and
adjudications, covers the whole ground. _Lessee of Johnson et al._ vs.
_McIntosh_, _8 Wheaton_, 543; _5 Cond. Rep._ 515.
Public-domain text, read in full here on John Shaqi.
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