Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1854-04-07
r,,c PubI,c Londs.-prr. DIsney,s Reuort.

nhic attention the report from the Committee on
Puhlic Lands, made few days since to the House
be, Mr. Disney, its chairman. The subject IS one IN
Which the public have lively interest; and al
hough Mr. Disney's report is made upon specific
onosition TO donate lands for the benefit OF the in
sane vet it discusses The general principles involved
n ali similar propositions, and may therefore be re-
rled as indicative of the position of the majority of
The committee on the general question of appropra-
tnc the public lands. Mr.. Disney presents the con-
t1tional points involved with concseness and clear
moss He draws the line between appropriations OF
land which are sanctioned by the constitution and
those which are not plainly, that the rule proposed
Nv the committee cannot be misunderstood. The
following is the report of the majority OF the COM
mittee as submitted by Mr. Disney
The Committee on Public Lands, TO whom was refer
red the bill making grant OF public lands to the
several States and Territories of the Union for the
benefit Of INDECENT insane PERSONS have had the
same under consideration. and ask leave to report
That they unite with the friends of the bill in an
nDrecaton of the merits of the object 10 which the
n6posed grant is intended to be applied and those
merits could alone determine the conclusions of the
committee they would most cordially recommend the
massage of the bill. In the Judgment of your COM
nittee however, there oAGr considerations which
demand attention before they to that con-
cIusOn The general government is one of limited
powers At It's formation the respective States, as
separate but Independent communities, were amply
empowered to regulate and provide for all matters
against foreign powers, impelled them to cOnfeder
alton and the formation OF a government competent
tn the general protection TO this end and for this
nurpose special powers were conferred upon it. But
while the States conceded the authority which was
deemed necessary the ends for which il was formed
they each retained within themselves all the powers
necessary TO the independent management and con-
ol of matters not involving the interests of the cit-
lens of the other States. Competent they were to
all domestic matters, they only sought TO establish
government which should provide for the interests of
The confederation in It's aggregate capacity and
Jealous of their separate independence, the States
reserved to themselves, respectively, all power not
necessary to the general government for the end for
which it was formed. This limitation of power in
the hands of the federal government, except SO far
rs specifically granted, denies to 1t all authority 10
act in relation 10 the domestic affairs of the several
States and has established the only solid foundation
for the perpetuation OF the federal Union Under this
principle it's limits may forever be extended and It's
safety preserved Various and even conflicting hab
u.s. customs, and local interests in the different States
will be protected by II cir legislatures, and are in no
danger Of being over-idden by the federal government;
and if each keeps within It's appropriate sphere, the
prosperity of the States will be secured and the in
terests Of the Union will be enlarged. Such is the
symmetry OF our government, It's very existence de-
ponds upon is severe adherence TO the limitation of
It's duties Within that it has power but 10 bless;
beyond it, it has power but TO ruin. This limi-
iaon is the anchor of safety; when it fails it
will involve the ruin of the republic.
If the general government possessed the power TO
make grants for local purposes within the States, its
action in that respect would have no limitation but
such as policy or necessity might impose. Every
mertOrious object would have right 10 demand it,
and to such a refusal could only be justified by ina
bIity Every local object, for which local provision
is now made would press for support upon the gen.
cral government, and would create demands upon ii
beyond its power to meet, and of necessity it would
- T. yCIio1 bioh
means AS It's expenditures increased, the reve-
nue. must be enlarged and the general government,
by the adoption of the policy would levy taxes upon
the people of the Union for the support of the local
interests of the States. If their expenditures should
be unequally apporoned, the injustice of taxing a
part for the benefit of others would soon cause the
system to be overthrown. If they were equally dis
tributed it would be but usurpatiOn of the function
Of the States unsustaned by the plea of economy
The patronage would be fatal TO the independence OF
the States with patronage comes the power TO con-
troll as consequence follows upon If the poll
cy is embarked in, what shall be its limits : Shall
the merit of the object and the ability of the gov
eminent be the boundaries of its action! To feed
the hungry and cloth the naked if within its cOmpe
lency, would, in a moral point of view, be quite as
meritOriOus as any other act which the government
could perform but if the constitution had granted
power for such purpose, would it he polite fol
Congress 10 make provisions for the suffering poor
throughout the Union If either lands money
could be granted for the INDECENT insane, could they
not and ought they not TO be granted to the freezing
and starving poor? If to mertorious object
why not to anoter! Or shall the action of Congress
in this regard be extended to every useful public
private purpose within the States If not, where
Shall the line be drawn ? If the principle be admit
ted. what shall limit its application!
Your committee have failed to perceive how they
could be justified in recommending grant from the
general government in support of hospitals for the
INDECENT insane, and in refusing one Tor any other OBJ
ect equally meritoriOus. The means of the genera
government taken from the people if you take
from it the public lands, you must give it money II
the stead if you destroy lis revenue from that
you must increase it in other. No more eX
pensye mode could be devised to support local ins
luii0ns than to make the federal government The
agent to raise and distribute the means. With the
States lies the power necessary to their management
and control. With the States lies the power 10 Sc
the economical administration of the funds, anc
10 determine the amount which prudence will allow
TO be expended in their support and if these lnstl
tutons supported by means raised by the author
lty of the States, njustCe be inflicted upoT
the people of the other States. State provisions, as
between the States would be just from necessity ant
from interest it would be economical
The appropriation asked for is in lands but your
committee can discover in this regard difference
between appropriation in lands or one IN money
the effect is precisely the same in both cases. If the
revenue from the public lands is destroyed, the de-
Hciency must be met by taxes on the people Inc
public domain belongs to all the people of the Uni
ted States their interest in it is common, and the
government is but the trustee for the common bene
nj, limited in its action il to those powers con
erred by the constitution 1t is part of the public
funds and can be devoted 10 purpose forbidden IL
the money of the federal government. If Congress
ImpaIrs its value it must receive a compensation,
will be falthless to its trust. The public good for
bids the government from extOrting from the pur
chasers necessities exorbitant price for the pub
nc lands but, while the public welfare limits it to
in hiS h.