The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-05-22
SPEECH OF HON. v. L. HOWARD,
On hs Homestead Biz delivered in the House Of Repre-
ssalaiitss April 20. 1884,

On s Homestead Bill delivered in the House OF Repre-
ssaloiitss april 30. 1852.
The bill to encourage agriculture, commerce. manu-
factures and all other branches oil industry, by granting
TO every man who is the head OF family and citizen
OF the United States homestead OF one hundred and
sixty OF land out OF the public domain upon condi
lion OF occupancy and cultivation OF the for the
period therein specified being under consideration in the
Mr. HOWARD said Mr.. Chairman. when measure
is proposed Tor our action here the first inquiry TO be
made by the legislator is, does the constitution warrant
IN Ii is not within tue scope OF the powers conferred
upon by that instrument. II beyond adoption,
whatever be It's general utility national advantage
deny for that the federal government has any urs
dicton private charities, any subject OF general
benevolence These municipal the trainers of The
constitution wisely left TO the States We have
power TO devote the national funds to purchasing land for
chasing clothes Tor the Naked food for those who
may be suffering from the grippe oil hunger and famine
whenever we usup the powers OF the States by Prov
ding for these and Kindred subjects, shall convert this
government into great eleemosyDary establishment
which will soon fall beneath the weight Of its bank
ruPlcy.
grant away the public property in donations 10 the poor
This government is not national almshouse. We
have no right to collect money by taxation, aud then d
vide the proceeds among the people generally or those
who are destitute OF land, food. or rament And il we
may not then bute our revenue arising from imports
or direct taxation, by what provision IN the constitution
do derive the power TO lay taxes by which TO raise
money for the purchase OF public domain TO divide among
those who may not happen to be the owners OF farms
There is sound distinction between giving money by
direct appropriations from the treasury and land in the
purchase OF which that money has been invested 1t is
the other, nor less appropriation. What right have
we TO tax the property and industry OF all classes OF
cety purchase homesleads and enrich those who may
not be the possessors of the soil Show the cons
tutional warrant for the exercise OF this extraordinary
power-to indulge in that which far exceeds the widest
dream Of French socialism The socialist never de-
He content if it provided him with employment and
food; and the advocacy 9. this comparatively moderate
measure drove Ledru Roln and his associates into exile
II is said that the constitutional right TO give away the
public lands must exist, because it has frequently been
exercised That is no very cogent argument with me,
because know that many statutes both OF the States
and of the federal Congress- which the legislatures have
for time regarded as binding, have been pronounced I'M
constitutional and void by the supreme ndcalue OF the
cause on such questions we are not concluded by the
action OF our predecessors We have the same right oil
judgment
Those who contend that Congress has right to COL
lect money, and then distribute donations por
lions of citizens, limit the powers OF the fed
era government On the contrary it must be apparent
that the right OF Congress to collect money by taxation
is limited to the exercise OF of the powers express
y delegated by the constitution. Among these pow
ers is not found that OF providing farm for every
man who is not the owner OF land, contemplated
by this bill. IL will be quite difficult to find
any power in the constitution 10 give away the pub
lIc properly which has been purchased with money
derived from taxation II not opposed to the letter OF the
constitution, is in manifest opposition 10 IFS spirit and
therefore Illegal. The declarations that Congress shall
regulations respecting. the territory and other property
belonging the United Sta,es evidently does not
template that this property shall be given away. That
never contemplated as of disposal. The
idea OF rules for the disposition OF public property
of values The trainers OF the constitution intended
that the public property should be squandered. This is
sufficiently manifest from The terms of the subsequent
cessions OF public domain TO the federal government by
the Siaies which declare that these lands shall be
disposed OF for the common benef, Of The United
States" In whatever manner these lands acquired,
they common federal fund.- and r:ghifully be
disposed OF only for national purposes and to facilitate
the exercise OF the granted powers
This bill cannot operate benefit 10 the United
States Its benefits will nure mostly the ad vantage of
The States in which the public domain is situated All
those who reside IN the immediate vicinity of this do.
main who do not possess land will be enabled to avail
themselves Of the provisions Of The bill the poor oil
the other States will not be benefited, except 10 very
limited extent because they have not the means
TO emgrate and establish themselves Hpon the land
Others, If they have the means, do not possess the know
edge and capabilities necessary 10 agricultural pursuits
This bill Is, therefore, violation OF the compact with the
old States who coded their public land the United
States, so far as may operate upon that portion of the
public domain, not only because is not disposition for
the benefit OF The United States, bu, because il
not disposition for purposes, which these grants
clearly contemplate.
II Is said that the power dispose OF the public domain
IS penary power and, therefore, there is limit to
the functions oil Congress in this respect As the federal
government one OF express grants and limited facul.
ties, II may be doubted whether Congress possess any
penary powers in the ordinary accepaton OF the word
The general government has powers other than those
necessary 10 accomplish tue enos OF the Union, ana
achieve those objects which come within the general
scope and intention OF the constitution Congress has the
power "to provide and maintain navy" yet no one
will contend that under this grant Congress has power
TO give away The ships OF the navy either to foreigners
or citizens. Congress has power ito raise and
support armes" yet that does enable us 10 donate
the material OF the army, give away the FORTS bar
racks and arsenas OF that establishment for residences
for the poor Such legislation would contribute TO
The execution Of grant Neither can The distribution
OF the public domain other federal property among the
people contribute 10 carry into effect any OF the delega
ted powers which were granted for national purposes
II we were 10 carry out fully this scheme of distribution
of federal property, should exhaust the resources OF
the federal government objects entirely foreign to those
purposes for which the government created. And
the power exists IL is abuse OF the functions
OF the government far greater than that of protective
tariff Ii is direct gift, IN legal effect from The treasury
or at least from the OF the public property and not
bounty in the shape Of incident in the collection
of revenue.
Again Congress has no constitutional right TO i'm.
pair-ceriany none TO desoythe pledge OF the public
domain which the nation has given u its creditors
This bill would consume the whole public domain II
there were a sufficient number OF applicants. There is
limit reservation in the bill itself for the benefit
OF the creditors. But the principal objection is not
the absence OF any reservation for the security OF the
public creditors, but the destruction of the value OF
cultivated land by the operation OF this No
one will Purchase OF individuals or the government
unimproved land at 81 Is per acre. or any other
price, while the government offers fourteen hundred
millions by way of donation. Such renders
the sale OF wild land impossible IL destroys the mar.
ket, and in effect, the value, OF the public lands
pledge security for the national loans II is there
fore in this respect act OF bad faith which is
answer to say that probably these lands will be
n ~ III Ia ..Ia