Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1852-06-11
REMARKS OF MR.. BEALE OF VIRGIN,
ON THE HOMESTEAD BILL
HOUSE OF REPRESENTATIVES,, MA


stead bill
Mr. BEALE obtained the floor, and said Mr. c,i,o,.
wish TO give my opinion this bill particularly oesn
il involves vital political principles that about s. A.
regarded. can take but limited view of this suhec.f
the brief time allowed ME. In this deoae the opcr Of
has been pointed TO certain class of politicians who n
been dcnon,inaled Absraconsts. Mr.. Madison in hi.
mort of 1899 seung out the true theory of Federal no
and Mr. Jefferson in carrying out this theory ia The pr,
cal npplcaton of affairs during his administrator
the prominent offenders of this class and thos. 49,
would direct its action To the accomplishment Of selfish
sectional purposes. belong 10 The school Of 1888 ~
plain construction Of the Constitution in the early and ~.
days OF the republic is right and true this bill is In yio,
OF such opinions and the practices growing out then
No one doubts the just power OF this Sovernmra 10 m
money But any one at all conversant with cons,Ga nj
law ought also 10 know that this power does not carry w
an unlimited discretion in the and application Of ma,
The objects 10 which Congress may make Just aDpIr..
Of money, OF public property limited by The spea
grants contained in the Constitution, or 10 such Other %
cidenla powers only as are necessary and proper 10 ca.
those grants into execution. THIS may all have ben
in error Ii is barely possible that Congress ousn. 10 hN
had the power suppress the oerY speech ana Of
nress TO have established religion &c Bat the c,s
,h.,u,;se This Government is driyatiye in IFS CHI,
and has beneficiary power mat has been reserved
The States and the domestic circle, untrammeet as
should be- The people and the STATES II The nn1isn,
law have chosen to cntrSt you that class Of pows,
which and by rhich only you may work out the public n
Can any one point such grants of power in the Cons
tuition or such Incidents would characterize hi: bill a.,
necessary mode Of procuring the public good IN cono:r
70 the fundamental law? II is scarcely pretended j.
spoken OF as an OF supreme benelcence; feelings
kindness and humanity appealed ot is based merely Gp
the old and had hoped the exploded doctrine OF federalism
that we are neither bound by the will OF our consusn
nor constitutional limitation but may ceslac al viii for H.
public ueltare. would ask Democrats will ioraiy
this repe,ionhave you any means of promoting the Fsb
lie welfare except you conhne your legislation within H.
male of the Constitution Have not the people and -
States chosen limit your action by the pimordl law !
II this so; il this conclusion is an abstraction whe,
ask but in your will and pleasure Is the Limitation
the most wild experimental and cnmerca projects OF lei,
ation2 Will gentlemen BIZ so good az 10 point out VIZ
project may not be undertaken, and therefore justified
cause of the that il admits OF the application
money or is charac'erzedlhy lofty benehceEcel I'll
have therefore, constitutional power 10 pass this bill
You are also restricted in the passage OF this bill BY
Tenn compact. When Virginia aud Other States cets!
large amount Of those lands il the clear and Nc
known conditions that they 10 be used Tor the eX
purpose of paying The debts and defrayine The gertr
charges and expenditures of This Government Did You tc
accept them those terms and having accepted r
are you bound in good faith. TO keep holy and unouc
ed the Terms Of the contractl But say, in answer
this yiew Virginia was party 10 the contract Of the COT
stituon o 1859 and BY her consent placed the public n
AT the disposal OF this Government The disposal OF tho.
lands had been placed there beore there no chan.tt
pressed contemplated in the transfer 10 tho new Cove;
ent In proof Of the assertion there was no change
action Of ne Government in this relation for many years
The good time of he republic Those Lands acquired
purchase we'll BY donation were used for The pur
ses set out In The session act o. Ie4. You have thereof
the construction the Government itself put upon this mat
Tor the last forty years We have had advancement
Government affairs but revolution that would aboe.
existing contracts in relation 10 pecnniary
ers But suppose had VIVA. ID the practice OF q.
tons in our own times in regard 10 this maerl Did n.
Louis Philippe pay TO the United States twenty-five
lions OF francs for captures made Of American properly
under Imperial Government of France after seyera! .e
voluons2 Shall Government feel Itself less bouu
observe It's pecuniary contracts especially when il l.
membered that this cesson of lands by the States al The
Rod when made removed existing mpedmen' ana greats
contributed 10 the formation OF the Union Do not tell r
of presidents In the besiowa OF the public lands here;oo
they acts of generous and unhinsng beneiicence ID
people struggling with the difficulties OF settlement
in country withouta cautious reference 10 g
mate power You may for the effect il would have Ip.r
Judgment, wr refer "a the presidents Of cgisla
vloativc OF the rights speech and The liberty Of pr.
Of former period disregard legislative precedent wter
opposed TO what esteem as fundamental political truth
The very act however which you about pcrpe,ra
will probably be hcradcd precedent hereafter w,a
Inc force OF constitutional obga on and 10 break up lh
noble fabric OF constitution and law into convenient
cbGery advance sectional aud party interest, o! 10
age efficiently Presidential election.
The sole argument made OF IN this debate 10 sustain M
coastIonallty Of this measure Is The mere assertion h
the prominent object oi the Government in The Acquisition
of new territory was 70 is settlement That settlement va
consequence Drcsccr; tha IL element entering IN
and controlling to extent the idea Of is value TO
that is cultivation including the building up OF towns
cities with widespread civilization ant!c pstei ii
probable and formed, you choose IaIiablc mlt.e IL
action. But not brought back to the inquiry, o,
the otJcct To be ataded justify you in this description:
Means !nr It's accomplishment And does the hs!o!y
both the transfer and acquisition by purchase Of those m
gvca very different. I'M. the oec; n,cn
b. tn Government? The Conventional Government -e;u
ri Of tie States The donations that made. c"ul
ask, the Convention which formed The Constitution .set
Tended 10 violate the If The contract recently maI
with HE States Were not those transfers made fo c g
pose OF obtaining money for The The central GJ:c
men, Il; period OF great financial dlilcGry2 Aud vel
not III 'se acquired BY pnchlse used and disposed Of
IDENTICAL purposes TO VII 10 pay the deb, and dcay gene
al charges AMI cXpendl uras oi the GoycrHmen,
The advocates Of his bill appear 10 admit TIA, the yi
ed lands Were subject 10 sale for the purposes OF
bns their arsunsn based upon settlement is clearly preic
upol The presumption Thai The Government by tile act
purchase OF new territory had also acquired new an Adj
ionhl powers in Tie disposition Of those anls which Pre-
ros'crons; because, il additional powers be ob; n
hls way, then time aud peculiar action NAV work al OBJ
!ltefoiiDE Of all constitutional limitations
IL ms IS fancy and not fact Why then YOU can no. only
give the'n away as you now contemplate but also
hire men out OF the moneys of the Treasury b,; 10 settle
and To cultivate those anda which is not pretended Tie
feucni BASED upon settlement proves much un here
fore is ialllciuus
But suppose those barriers 10 the posso,r nj mi. hin we've
femoVed men, It is wise and PRUDENT Is i, in conor
10 me plan OF our ancestors advance The best Interests
mani is mol The scheme Of protecting the life liberty ~!
property OF men, sufficient OF itself Let the sccess!ut
'unccincni In this country, of NIL thar constitutes nariflI
greatness and individual happiness answer This rcs,c
IAN gentlemen eho" an instance in the long history u m
race when governmental h6unticS were ever bestowed
cept IN The most corrupt tncs and for most curupt pu
ses BOuntes and drsposm nea Of kin 10 each olae
our system 81 pensions running into snccures the OF
and aud OF logging and balchaining in the navy on m
othcr are weak limitations of European policy that are h
NE aiiRe 10 the genius OF institutions AMI the seal
inenls OF our people, Let US keep ceur Of both Let 4
ieaVo men 10 pursue fhei; good In their own way e.
mas implanted In The heart OF scll-lovc ,sia, imtt
hm wh sufficient speed nEd needs not governmental n.
puisoh. Let us make clear his way, and take care
mat nc does not run fou! OF the rights of others Thii
hach ana PERHAPS more than government has cfIrcet
where or al any time. Beware Of boun,ies I, dcso.
.'at energy OF character ond intrepid perseverance wa
mas spread nigh civilz on from the Atlantic to HE p
enc ocean, and which Tie ones OF gifts and bcney
could never have effected
"hot democrat can go for This BILL when the ar.raI.t
III s support assuncs az Government duiy ~ luirrie
ana Greet labor skill and capital by holding The tempt
o' 81 counties TO free people, and controlling labor b.
cssiatVe b!ocf Men manage their own affairs better ih
government can do II for them To be let alone in MOI,
instances great blessing Of political lberty The pecGa
co'oi"h ol tninGs IN this country will by the law ii De-
mana and supply, direct the labor and pursuits Of com
munity. 49,
WIN you, al Inc expense Of the rphts d SIC sovcrcisn
ana dignity OF the State Governments induce The people 81
.c ohl.ea states TO look UP this Federal @
inc ohiy anu sole dispensers Of gifts and III buuatiss
neeu me great eciay OF tho people, TO the discreet an
aisepue o iheir State Governments who have r.5
10 bride with 80 laviai har.7
AGAIN as tie public lands belong To all the neope Of hs
ontcd states does not your bill violate oil ideas OF cq1
au therefore OF Justice, in besowng in such lnauac: 10,
us oehenls VIII only accrue 10 part nf the ueopIcl
have you not, by the &C, of 1876 pledged the rons
arising from The sale of public lands for the redemption
inc principal and payment OF the interest of some Jr,s mi
Mons 0i dollars expended In prosrcu,inv tho No yc,n