The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1854-05-31

nor Il uas an act ~ tie sovereign
authority of he United States and =
Il exceeded the constitutional limits d
that authority IN one instances = en-
eesded il in every one. unless yoa VIII
affirm that the new States have not
equal sovereignty and Independence
with the old Sistes-ihe land States
with fhese that have no public lands
within their limits.
Sir, this whole sabjeet Is covered over
with preredents Those presidents ran
back Tor half century. have a iistof
them here before me. They have been
voted by Congresses Of every political
description. They have been sane-
toned, without question or hesitation.
bx, Presidents Of every political shade
that we have had. Ibelieye that II will
be very difficult, believe il will be
impossible, TO maintain that. if the leg
islation Of Congress in connection with
the grants Of lands 10 the new States
was constitutional. in the view ! am
naw taking Of il, lac legislation IN this
bill is unconstitutional in regard to the
old States. Congress grants lands Tor
the purpose Of establishing schools.
What does il requiref Why. that the
lands, or the proceeds Of sale. shall be
sacredly kept. and the interest and
income applied to that purpose, and
no other. II grants lands for the es-
adjustment Of university. with pre-
cisely the same restrictions. Ii grants
lands for cutting canal or for rail
road, with similar restrictions. And !
pray you, sir, ii these restrictions are
not beyond our constitutional authority
ia regard to those States, in what pos
sible manner do we invade the rights Of
the States BY the condition annexed TO
the grant which the bill under the con-
sideration Of the Senate proposes to
make to all the Statess
As I have said, the fact Of our as.
suming TO act in the character oil a
landowner can give Us no power "a
control the States in their LEGAL con-
Germs. If il be true that we can APP
l pend no such conditions as this bill
proposes to grant Of the public lands,
then the conditions are void. Suppose
they are. what is the consequence: AS
sumo that the restrictions are invalid
for want Of constitutional powers then
+ the grant takes effect, but is discharged
of the condition. That is all, We,
lin that case. say to the States. /" You
shall have these portions Of the public
lands for the purpose, with the under
standing, with the declaration that they
are to be applied to the support Of the
INDECENT insane !" aud on this supposi-
tion the States may pay just what re-
spect and consideration they please Z,
the restrictions that are thus attempted
to be imposed. and may apply the pro.
ceeds of the lands in any way that they
think proper. Undoubtedly that d.
, rection. or recommendation, or condi'
ton. or whatever YOU may please to cal
it, upon the supposition that we have
no constitutional power to prescrib,
, it, does not affect the grant, but leaves
!. it simple grant Of the land discharged
of the condition.
! Mr.. President, I am. therefore, o
opinion, after good deal Of examina
, ton Of this subject, that, according {,
the uniform and established practice o
this Government, and the Opinions, 81
far as | can gather them from their con
I, duct, of Those who have been the ables
/, aud wisest men that the nation has eve
. had, tina. there is no valid objec tion t
the constitutional power to pass thi
! bill. either as a disposition Of the publ
lands, simply to the purposes specific,
, 10 the bill, or on account OF the condl
!, tons annexed to thai dispositions.
TO be continued in our next.