The Online Library of Liberty

A project of Liberty Fund, Inc.

• Foreword
• Part One: the Doctrine of Equal Rights
• True Functions of Government
• The Reserved Rights of the People
• Objects of the Evening Post
• Reply to the Charge of Lunacy
• The Legislation of Congress
• Religious Intolerance
• Direct Taxation
• The Course of the Evening Post
• Chief Justice Marshall
• Prefatory Remarks
• The Sister Doctrines
• The True Theory of Taxation
• Strict Construction
• Legislative Indemnity For Losses From Mobs
• The Despotism of the Majority
• Morals of Legislation
• The Morals of Politics
• Part Two: Separation of Bank and State
• Bank of United States
• Small Note Circulation
• The Monopoly Banking System
• Uncurrent Bank Notes
• Fancy Cities
• Causes of Financial Distress
• Why Is Flour So Dear?
• Thoughts On the Causes of the Present Discontents
• Strictures On the Late Message
• The Value of Money
• The Way to Cheapen Flour
• The Money Market and Nicholas Biddle
• The Pressure—the Cause of It—and the Remedy
• Connexion of State With Banking
• The Crisis
• The Bankrupt Banks
• What We Must Do, and What We Must Not
• “the Foresight of Individual Enterprise”
• The Safety Fund Bubble
• Separation of Bank and State
• The Remedy For Broken Banks
• “blest Paper Credit”
• Questions and Answers
• The True and Natural System
• The Bugbear of the Bank Democrats
• Bank and State
• Theory and Practice
• Separation of Bank and State
• “specie Basis”
• The Natural System
• The Credit System and the Aristocracy
• The Divorce of Politicks and Banking
• Part Three: Abolition Insolence
• Riot At the Chatham-street Chapel
• Governor Mcduffie’s Message
• The Abolitionists
• Reward For Arthur Tappan
• The Anti-slavery Society
• Abolitionists
• Slavery No Evil
• Progress of Fanaticism
• An Argument Against Abolition Refuted
• Commencement of the Administration of Martin Van Buren
• The Question of Slavery Narrowed to a Point
• “abolition Insolence”
• Part Four: the Division of Political Classes
• Despotism of Andrew Jackson
• The Division of Parties
• Rich and Poor
• The Street of the Palaces
• American Nobility
• The Inequality of Human Condition
• A Bad Beginning
• The Whig Embassy to Washington, and Its Result
• Right Views Among the Right Sort of People
• Newspaper Nominations
• Foreign “paupers”
• Part Five: the Principles of Free Trade
• Monopolies: I
• “a Little Free-trade Crazy”
• Asylum For Insane Paupers
• Monopolies: Ii
• Revolutionary Pensioners
• Joint-stock Partnership Law
• The Ferry Monopoly
• Free Trade Post Office
• Stock Gambling
• Weighmaster General
• State Prison Monopoly
• Corporation Property
• Regulation of Coal
• Free Ferries and an Agrarian Law
• Thanksgiving Day
• Municipal Docks
• Associated Effort
• The Coal Question
• The Corporation Question
• Free Trade Weights and Measures
• Associated Effort
• Sale of Publick Lands
• Manacles Instead of Gyves
• The Meaning of Free Trade
• Gambling Laws
• Free Trade Post Office
• Free Trade, Taxes, and Subsidies
• Meek and Gentle With These Butchers
• The Cause of High Prices, and the Rights of Combination
• Omnipotence of the Legislature
• Part Six: Literary Property
• Rights of Authors
• The Rights of Authors
• Right of Property In the Fruits of Intellectual Labour

SALE OF PUBLICK LANDS

Plaindealer,

January 14, 1837.

Title added.

Will the editor of the Plaindealer oblige us by an exposition and application of his free trade principles, as they may or should be adapted to the sale of the Publick Lands? More concisely, will he inform us whether he does or does not deem a restriction of the sales of publick lands to actual settlers on the same, constitutional, salutary and proper?

The above is from a weekly contemporary print, published in this city, called the New Yorker. Without acknowledging any right which that or any other journal has to catechize us on subjects on which we have offered no opinions, we yet have no objection whatever to answer the question put to us.

Free trade we take to consist in the buyer and seller being left to make their own bargain; it would therefore be no violation of the principles of free trade for the Government, which is the seller in the case stated, to ask any price, or make any conditions it thought proper, in disposing of the publick lands. So much for the free trade part of the question.

The constitutionality of such a restriction as is stated depends upon the fact whether there is or is not any clause in the Constitution of the United States stipulating the mode and terms of sale in regard to the publick lands. The Constitution of the United States says 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.” As there is here no limitation of power as to the mode or terms of the sale of the publick lands, we should think the constitutionality of the restriction about which we are asked could not be doubted.

With regard to the propriety of the restriction, the question, in our view, should be decided by a careful consideration of it solely as it will tend to promote the greatest good of the greatest number. That this object would be most certainly effected by that mode of disposal which would lead to the largest amount of actual settlement upon, and cultivation of, the publick lands, we do not doubt.

Having thus been drawn out to express our views on this subject, which we certainly had no desire to withhold, may we take the liberty to ask the New Yorker a question? We understand it to be in favour of special legislation in regard to banking, insuring against losses from fire and the perils of the sea, &c. Will it be good enough to inform us why the business of manufacturing gilt ginger bread and sugar whistles is not as much entitled to be protected by special charters and the provisions of a restraining law, as that of bankers and insurers?