The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-20

enons, the Establishments OF CALYPSO, nor The cup oil
Cerce the charms OF Amida. would seduce him into
a moments dallaneei il they stood IN the way OF his
course 10 public justice Sir, he Is after his share OF The
public lands and he would tread down these gay par
tenes remorseessy much Wild heather, IL they
stand between him and his object. ILaughter
But. sir have word TO say 10 the senator from Ken,
lucky lie SAID in the course OF bis remarks that he had
found me in a i" constitutional hobble" Sir, bad be
found me IN that predcameDt, ! would have supposed
that the least Of his kind Offices would have been 10 have
helped me out OF such situation On The contrary. he
not only threw friendly thread TO guide me out OF
that labyrinth OF error, but marched OH with as much
onplacency II he had eit the captive o his own
good bow and spear. Sir at time when bad not read
his amendment, and supposng that II was merely propo
sitlon TO substitute general for partial system OF dis.
tflbnng the proceeds OF the public ands, said that
would vote for his amendment, although | should vote
against the bill even if amended but when made this
remark, must confess that not aware OF the nature
Of his proposition. What does that amendment propose
Mr. President II proposes to establish the old States as
landlords in the besoms of the Siates-a measure
which could not ia TO the seeds oi dssenson and
dscord between the several States OF the conedeIacy
And what them srl Why, he undertakes to say bow
the State legislatures shall apply these gransthat they
shall devote them TO purposes OF education or internal
improvement He not only proposes to make the o'aes
benefcarles OF this government but he also proposes 10
determine what shall be their domestic legislation in re-
gard TO these grants Now, upon this principle, II tna
senator should have fancy for the law OF pnogenl-
ture be would give away these lands upon the condlon
that the Stale legislatures should establish such sys-
tenn Or, il lie should have fancy for the abolition oil
slavery the States he might make his grants upon the
abolish that institution; and thus you might draw The
whole system of State legislation within The power OF the
federal government, The senator may SIT here, accord
ing TO this view OF powers and direct from this place
the legislation OF his own State Sir, could anything
more monsous be conceived in the way OF constitutional
assumption
The senator from Kentucky said that was in "con
stitulona hobbe." | confident after this tha, the
constitution will never hobbe him. am no longer sur.
prsed at the little sympathy which he exhibited for my
situation. as | should think he would look with some
thing like feeling OF contempt upon any man who
would permit the constitution TO 'hobble' or impede
him.
from Tennessee Mr. BELLl to bring out formal ndlct
against the State erghls party, and all who profess
their principles and opinions He said that was owing
TO that party that the old States had not received their
share OF the land but he also kindly assured us that he
mean. no dispaagcment when he called them The Estate
rights party" ls was disposed to tread lightly on the
the charitable maxim De mortuis nal nisi bonum = for
he not only accused that party OF keeping The old States
political Fins and misdemeanors, Now, Mr. President,
beg TO assure that senator that so Tar as am concerned
consider If no dsparagement 10 be called Siale-
rights man" assure him that in my at least he
may call spade "spade," without risk oil giving OF
fence, and denomnae me by any name which describes
my opinions am sorry TO hear, Mr.. President, that
StaterIghis principles at so great a discount IN
tennessee as TO make necessary TO use phrases o
clrcumlocuion IN order to describe the persons who
is still State rights party in existence; thai II has
neither surrendered disbaDded They may be few IN
numbers Their line may have been shaken and shat
tered by the onset of superior numbers but still they
stand by the deences OF the rights OF the States and cling
to the constitution OF the country. Their flag is sill ny
ing and upon It's broad folds yet TO be found the stars
each of which maintains It's separate place and It's
distinct identity. Upon that field AT least they do not
pale their Intellectual fires before The excessive light OF
the great federal for one, SIR. do not believe so
poorly OF the power OF Truth the American people
TO suppose that such be lost by their ver-
dict On the contrary, say TO them, and 10 all who
hear my voice. that conure them in the language OF the
ip rOllp nd ilpIua
spoDd" Sir, they few, know but perhaps not loo
few stand in tue breach until others may come to the
rescue Let them do their duty for the day, and take
appeal from the present 10 the rising generaion who
may TO relieve them the morrow Sir, II were
10 dare 10 tell the dream of my fancy should say That
seem 10 hear the distant tread OF The thickenng hosts
who will rally upon the deences which guard the rights
OF the States and who will restore The constitution OF
the counry-no sir, the constitution as II is now known
IN federal glasses and degenerate commentaries but IN all
the rigorous simplicity and purity OF lis original crea
1 ton
i But, Mr. President, the senator from Tennessee said
that we had prevented this distribution and opposed it,,
because could nowhere find IN the constitution the
power of the federal government TO distribute money
among the States. Sir, could not nnd IT and must
thai be has not shown where the power existed or
how il be derived from that instrument And /
would say generally OF his speech on yesterday that u
seemed more designed TO unsee the opinions OF others
than TO fix define his own, He made long argument
in favor OF distribution, and yet he said he would not go
for now because he had some idea there was to be
general in Europe, and that we might desire to take
1 "A IL
nigh be, he disposed to expend the federal treasure
IN fleets and other military preparations Therefore, he
SAID he would not 60 for distribution now; and yet he
would for the amendment OF the senator from Ken
lucky, which would certainly make very vigorous
mencemcnt OF the system 1t seems 10 me. lie SAID.
too if understood him. that the new States were ungen.
and lbera in claiming these grants Tor themselves,
while the older States could get nothing and thought was
attacking the bill with good deal OF vgor Yet after that
argument, which he urged earnestly he concluded by
saying that he should for the bill Now, II seems
to that, IN way olher bls Arguments and his
votes have been strangely msmaiched that is 10 say, II
! rightly oomprehended his arguments and correctly un.
derstood his declarations TO his votes. But, sir, he
has accused OF opposing distribution Tor the want oil
the constitutional power distribute money amongst
the States Before making such complaint, It would
seem TO that IL devolved on bin 10 show the exist.
ence OF the power. Has he done IL Can he do IT. II
IL exists at all IL is given by that clause OF The cons
tuition which gives Congress the right to dispose OF the
public property and II claimed for this purpose, II must
be treated indefinite grant OF power and so IN tunes
past ii has been treated There IS no other way in which
he can derive IT, Aud yet, when you come to apply
tests 10 tha, proposition, that gentleman and others will
shrink from II All admit that you cannot dispose OF the
proceeds OF the lands for the establishment OF church
for creating nobility because Is SAID the constiu
ton prohibits such things expressly concur with this
answer But does not The constitution lorbd us 10 eke
cse any powers which not granted 10 us m express
terms or by clear imploaon According TO that nstru.
ment, all powers not thus conferred reserved to the
States The power give money to the States is GER
any not granted expressly or by implication anywhere
in the constitution, unless 1t is contained IN the right to
dispose OF the public property Now there rs no reason
why this power should be contained IN the general right
TO dispose OF this property than any other power
II you can infer this, you may inler any other DIS
position OF the proceeds for whatever object with
,,rh ety nj atrur