Weekly national intelligencer., 1852-05-29
SPEECH OF MR. v. 4. HOWARD,
OF TEXAS,
AGAINST THE HOMESTEAD ELL.


HOUSE OF REPRESENTATIVES. APRIL "a, 1852
The bill to encourage agriculture commerce. manufac
tures and all other branches of industry by granting
every who is the head Of family and citizen Of
the United States homestead Of hundred and sixty
of land Of the public domain upon condition Of
occupancy and cultivation Of the for the period
therein specified being under consideration in the Com
mittee of the Whole
Mr. HOWARD said: Mr.. Chairman, when a measure
is proposed for action here the first inquiry be
made by the legslators Does the Constitution
If it is not within the scope of the powers conferred upon
us by that instrument beyond adoption whatever
be its general utility national advantage. deny, for
one that the Federal Government has any jurisdiction
private charities any subject Of general benevo
ence These municipal the trainers Of the Consti
tuition wisely left to the States We have power
to devote the national funds to purchasing land for those
who are without paternal acres than to purchasing
clothes for the naked or food for those who may be su
ferng from the grippe Of hunger and famine Whenever
usp the POWERS Of the States by providing for these
and kindred subjects shall convert this Government
into great eleemosynary establishment which will soon
fall beneath the weight of its own bankruptcy.
But sir, deny the constitutional power Of Congress
to grant away the public property in donations to the
poor This Government is not national almshouse We
have right to collect money by taxation and then d
vide the proceeds among the people generally those
who destitute Of land food, raiment. And If we
may not thus distribute arising from imports
direct taxation, by what provision in the Constitution
do derive the power to lay taxes by which to raise
ney for the purchase OF public domain to divide among
those who may not happen to be the of farms
There is sound distinction between giving money by
direct appropriation from the Treasury and land in the
purchase Of which that money has been invested 1t is
the property Of the nation in than in the
other, less appropriation What right have to
the property and industry Of all classes of society
purchase homesteads and enrich those who may not be
the possessors of the soil Show the constitutional
rant for the exercise of this extraordinary power to in
dulge in that which far exceeds the widest dream of
French socialism The socialist demanded that the
Government should furnish him farm He was content
If it provided him with employment and food and the
advocacy of this comparatively moderate drove
Ledru Rolin and his associates into exile
1t is said that the constitutional right give away the
public lands must exist because it has frequently been
exercised That is very cogent argument with me- be-
know that many statutes both of the States and Of
the Federal Congress- which the Legislatures have for
time regarded binding, have been pronounced
sttutona and void by the supreme udicate Of the land
At most such argument only persuasive because
such questions concluded by the action of
predecessors. We have the same right of judgment
Those who contend that Congress has right to collect
money and then distribute it donations portions
of our citizens, set no limit TO the powers of the Federal
Government On the contrary il be apparent that
the right Of Congress to collect money by taxation limit
ed to the exercise of of the powers expressly dele
gated by the Constitution Among these powers not
found that of providing farm for every who is not
the of land, contemplated by this BILL 1t will
be quite difficult find any power in the Constitution
to give away the public property which has been
chased with money derived from taxation If not opposed
to the ettcr Of the Constitution, it is in manifest oppos
tion TO its spirit and therefore illegal The declaration
that Congress shall have power to dispose of and make
all needfu rules and regulations respecting the territory
other property belonging to the United States evi-
IDENTIFY does not contemplate that this property shall be
given away; that never contemplated a of
disposal The idea Of rules for the disposition Of public
property of values The trainers Of the Constu
tion intended that the public property should be
squandered This sufficiently manifest from the terms
Of the subsequent cessons Of public domain to the Fede
raj Government by the States which declare that these
lands shall be disposed of for the benefit Of the
United States In whatever these lands were
quired they a common Federal fund.- and can right
fully be disposed of only for national purposes and to ia
cilitate the exercise of the granted powers.
This bill cannot operate a benefit to the United
States. Its benefits will mostly to the advantage
Of the States in which the public domain is situated All
those who reside in the immediate vicinity of this domain
who do not possess land viii be enabled TO avail them
selves Of the provisions Of the bill but the poor Of the
other States will not be benefited except very limited
extent because they have not the necessary TO
emgrate and establish themselves upon the land Others
if they have the MEANS do possess the knowledge and
capabilities necessary TO agricultural pursuits This bill
is therefore violation of the compact with the old States
who ceded their public land to the United States far
as it may operate upon that portion Of the public domain
tonly because il is disposition for the common
benefit of the United States, but because il is dspo-
ston for purposes which these grants clearly
contemplate.
old States that these grants we're made the Federal
Government TO enable it to raise funds with which dis
charge expenses and debts of the Revolutionary war
The benefit contemplated was to enure to the United
States as a Federal Government.
1t is said that power to dispose Of the public domain
is plenary power and therefore there is limit TO the
functions Of Congress in this respect AS the Federal
Government is one of express grants and limited faculties
it may be doubted whether Congress possess any penary
powers in the ordinary acceptaton Of the word The
General Government has powers other than those
cessary TO accomplish the ends of the Union and achieve
those objects which within the general scope and in
tenon of the Constitution Congress has the power TO
provide and maintain navy" yet will contend
that under this grant Congress has power to give away
the ships Of the navy either to foreigners c
Congress has power to raise and support armies !"
yet that does not enable donate the material of the
army give away the forts barracks and arsenas Of
that establishment for residences for the poor Such le
gslaon would not contribute TO the execution Of the
grant Neither the distribution Of the public domain
or other Federal property among the people, contribute
10 carry into effect any Of the delegated powers which
we're granted for national purposes If to carry
out fully this scheme of distribution Of Federal property
we should exhaust the Of the Federal Govern
ment on objects entirely foreign to those purposes for
which the Government created. And IL the
power exists is abuse Of the functions Of the Gov
eminent far greater than that of protective tariff II is
direct gift in legal effect from the Treasury, at least
rom the mass of the public property and not bounty in
the shape mere incident in the collection Of revenue
Again: Congress has constitutional right to i'm
paircertainly to desroythe pledge Of the public
domain which the nation has given to its creditors. This
blu would consumche whole public domain, IL there
sufhcient number Of applicants. There is no limit
servaton IN the bill itself for the benefit of the creditors
But the principal objection not the absence Of any re-
servaon for the SECURITY of the pubio crcdtors hu %