The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-16

NE revenue J" on the left hand one rank dsnagogi
and agrdrtanism."
than perhaps with my better Judgment and discretion al
ways TO meet an enemy and tight him upon his own
ground and with their own weapons therefore, instead
OF attacking the enemies OF this bill in their weak points,
| purpose TO attack them IN their strong ones.
i The first coumn-the constitutional one-stands out
IN bold relief shall make war upon that objection
We find, when we turn to the constitution of the
United States. that there certain powers contained
in IT, For instance in article first section eight we
find is provided 'lhst the Congress shall have pow
er TO lay and collect taxes, duties imposts and
cises." Well, will stop there This is the vital
lzng principle OF the constitution for, without the
erclsc OF the or taxing power all other parts
| OF the constitution become torpid, and, might say,
dead. When this power is exercised, and revenue is
collected ii passes into the treasury and being
there, the constitution points out the mode and of
its application After the revenue is collected what then
does the constitution say in regard TO III II is to pay
the debts provide for the defence. and The gem
eral welfare of the United States" shall attempt,
here to enumerae all the objects TO which Congress
appropriate money! but shall content myself with making
this distinction: that there are some objects to which
Congress cannot appropriate money, but to which Con-
gess can appropriate land Then place myself upon this,
believe in the power of Congress collect money from
the people for the purpose of distribution among the
people but as stated before, will not undertake to
enumerale and define all the objects which Congress
appropriate money But the power OF Congress over
territory s one thing and over that of taxes and money
another thing.
and although no lawyer and not in the habit OF public
speaking, want TO address myself, humble as am.
to the intellect and thinking powers of this House in
aiion to it, And what is that power' "The Presi-
dent by and with the advice and consent OF the SEN
ate, make treaties" By the exercise of the treaty.
Walking wso s can b. a'qsd and S, that
the acquisition OF the territory Of California; we had
acquired it without the payment of single dollar
What the object OF the acquisitions 1t was for
settlement and cultivation It is one Of the highest
objects of government, whether democratic or monarch
zeal, in the acquisition OF territory, to have it peoped
This territory acquired for the purpose OF settle
ment and cultivation Now, we have the territory, ac-
CURED by the treaty making power. Then there
another provision Of the constitution which bears
'That Congress shall have power to dispose Of and
make all needful rules and regulations respecting, the
territory other property OF the United States" Is not
the passage OF law to induce settlement and cultivation
carrying out one OF the highest objects contemplated by
the constitution in regard to the acquisition OF territory
Certainly Is there any encroachmen any infringe.
objects Of the constitutonthe settlement and cultiva-
ton of the territory! What, then, becomes of this vir
the men who march through the constitution, who make
an opening through which they pass with hundred
millions of acres, and yet cannot the power in the
constitution to appropriate lands to settlers Tor cultiVa-
Mr. AvERETT / will respectfully inquire of my
friend from Tennessee what he means by this Virginia
Mr. JOHNSON. 1t means anything or nothing,
[laugher,l just it suits the whms and caprces OF
individuals who want to talk about II.
Mr.. AVERETT. That is another case of making
terms that have meaning in them to supply the place
of commonplace truth which is unpleasant 10 The gen.
M Johnson No o Of anV dsrespsc to the
gentleman, who knows that entertain no unkind feel
ings towards him personally but we frequently talk
about terms and repeat technlcaes specifications and
all that, without profoundly understanding their
ing al the time.
Mr. AvERErT Tha, may be So
Mr.. JOHNSON. | have shown, Mr.. Chairman. how
acquire territory and, if the great object of the
acquisition of territory is settlement and cultvaton-to
give power and potency the country-s not strange
that under that other provision OF the constitution, to
dispose OF the territory. you cannot dispose of 10
compsh and carry out the very object for which you
But know the argument is made by some that il you
adopt the policy of first acquiring money, and then
paying il out for land to give away you cannot give the
land away. know there various ways in which the
| constitution may be evaded. That may be done; but
does il change The power expressly, not implicitly, dele
gated We fail 10 perform constitutional duty IT, after
the acquisition OF territory, do not adopt the means
which induce settlement Well then, what does the bill
propose Is il not effort TO carry out the very objects
contemplated in the constiiuton-setement and cultiva
ton
But let try this principle again Suppose, for in.
stance, that in the exercise OF the treaty making power
agree TO give certain amount OF money for land and
Congress afterwards appoprates the money for that OBJ
jecl After the territory IS acquired. Notwithstanding
money has been appropriated for H. is not the power OF
the government just the same il was before' Does
the fact OF money being part not being part,
of the consideration paid for the territory, after II is
CURED change The power oil The government over 4
Not in the slightest degree. Do not how this ope
rates in settling up the affairs of life every day! For
instance, take the administrator, take the executor
/ There passes under his control and management real
and personal property. Do not we see that the power
of the administrator personal property is thing,
and his power over realty very different thing So with
the government in regard TO land and money. Hence
come to the conclusion that we can appropriate public
| lands for some purposes embracing wider limits and
greater range Of objects than in the appropriation
| OF money. What then becomes OF the constitutional
point What then becomes Of this constitutional ebjec
ton say IT is deTelcton upon our part and We omit
perform high obligation imposed upon by the con-
sution IL do not do something oil this sort TO induce
the settlement and cultivation OF public lands Then
what is the proposton Wehave acquired territory by the
exercise OF this treaty making power. Where does the
fee pass The fee passed upon its acquisition into the
pie in the aggregate; and this merely proposition to
distribute in sevealty the fee where the equity already
resides That's what proposes; and gentlemen who can
spin distinctions down TO fifteen hundredih can under
stand plain common sense proposition like this Oh, say
i they, But you gave money for II. and you must have
money back for IL. Is money the only considera.
ton you paid for III Where those gallant that
sleep Mexicoi Where the ten thousand graves
tanning the bones and blood Of your best citizens You
/ il to the gallant dead who now sleep in your own and
foreign land, who sacrificed their all in the acquisition
OF the territory, TO dispose OF II in that way best calcula
ted promote the interest and happiness of those left
be correct one, there should be supernatural
power conferred upon the government by which it could
bring the living out OF the dead, extraordinary
condensing power by which the dollars and the cents
that have been expended in numerous wars could be
compressed of their bones and muscles The thought