an scarcely be called a sale. It is
nominally 25 cents per acre, but considering this is not to be paid
until the end of five years, it is in fact reduced to about 18 cents per
acre, or one-seventh of the present minimum price of the public lands.
In regard to the States, it is an absolute and unqualified gift.

1. This state of the facts raises the question whether Congress, under
the Constitution, has the power to give away the public lands either to
States or individuals. On this question I expressed a decided opinion
in my message to the House of Representatives of the 24th February,
1859, returning the agricultural-college bill. This opinion remains
unchanged. The argument then used applies as a constitutional objection
with greater force to the present bill. _There_ it had the plea of
consideration, growing out of a specific beneficial purpose; _here_
it is an absolute gratuity to the States, without the pretext of
consideration. I am compelled for want of time in these the last
hours of the session to quote largely from this message.

I presume the general proposition will be admitted that Congress does
not possess the power to make donations of money already in the
Treasury, raised by taxes on the people, either to States or
individuals.

But it is contended that the public lands are placed upon a different
footing from money raised by taxation and that the proceeds arising from
their sale are not subject to the limitations of the Constitution, but
may be appropriated or given away by Congress, at its own discretion,
to States, corporations, or individuals for any purpose they may deem
expedient.

The advocates of this bill attempt to sustain their position upon the
language of the second clause of the third section of the fourth article
of the Constitution, which declares that "the Congress shall have power
to dispose of and make all needful rules and regulations respecting
the territory or other property belonging to the United States." They
contend that by a fair interpretation of the words "dispose of" in this
clause Congress possesses the power to make this gift of public lands to
the States for purposes of education.

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