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ticle, no inferential power to that extent can be derived
from it. And the delegation to Congress, of express pow-
ers, to be exercised in particular modes, for providing a
fund for the expenses of the general government, is an ex-
clusion of the exercise of such power in any other mode
than that prescribed by the terms of the delegation.
We now examine the third section of the IV article of
the constitution, as the only portion of that instrument hav-
ing any reference to the disposition of public lands. That
section is in the following terms: The Congress shall have
power to dispose of, and make all needful rules ami regu-
lations respecting the territory, or other property belong-
ing to the United States; and nothing in this article shall be
so construed as to prejudice any claims of the United
States, or of any particular State.
The language of this authority first arrests our attention:
Congress shall have power to dispose of the public terri-
tory. The disruption of the confederated States, would of
course, destroy whatever power of agency the cessions and
acceptances conferred upon them. The cessions in their
terms, look to some common agent; to dispose of
the territory ceded "to the use and benefit of the
States. " While the confederation existed, this com-
mon agent was found in the Congress of the States.
But a constitution was contemplated; which if adopted, ne-
cessarily destroyed the active efficiency of any power of
the confederation. Had no such provision been made as
above quoted, the cessions, though made, would have been
inoperative to any beneficial extent, for want of a proper
power to carry out these objects.
This power of disposition, adopting the phraseology of
the deeds of cession, as we contend was conferred by the
cited clause, to supply the deficiency that would otherwise
have existed, but that it was also subject, in that "disposal"
to any equally obligatory observance of the mode in which
the cessions required it to he made for the use and benefit
of the States.
To contend that the adoption of the constitution, contain-
ing the recited cessions by the States, was a fee simple
grant of the territory to the general government, would be
to force a construction negatived by the terms of the power
granted, and history of its insertion in that instrument.
By reference to the second volume of the, Madison pa-
pers, it will be seen, that in the original draft of the consti-
tution, reported by the committee of eleven, no power over
the public territory was given to Congress, except as to the
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