The miners' express. (Dubuque, Iowa) 1849-1854, 1854-05-17
THE MESSAGE.
To the Senate Of the United States:


The constitution, 1 have been compelled to resist
the deep sympathies Of my own heart in favor
If the humane purpose sought to be accomplish .
ed, and 10 overcome the reluctance with which
| dissent from the conclusion OF the two houses
Of Congress, and present. my own opinions in
opposition to the action Of a CO ordinate branch
OF the government, which possesses SO fully my
confidence and respect
II, in presenting my objections to this bill,
should say more than strictly belongs to the
measure, tits required for the discharge OF my
Official obligation, let it he attributed to SIM
cere d. sire 10 Justly nv act before those whose
good opinion so highly value, and to that
earnestness which springs from my deliberate
conviction that strict adherence to the terms
and purposes of the federal compact offers the
best, if not the only, security for the preserva-
ton Of our bic ssed inheritance OF representative
liberty.
The bill provides, in substance:
FIRST That ten millions of acres of land be
granted to the several States, to be apporiioned
among them in the compound ratio of the ge-
ographica area, and representation of said States
in The House Of Representatives.
Second. That wherever there are public lands
in a State subject to sale at the regular price OF
private entry, the proportion OF said ten millions
Of acres falling to such State shall be selected
from such lands within il; and that to the States
in which there are no such public lands, land
scrip shall be issued to the amount OF their
distribu,ive shares, respectively; said scrip not
to be entered by said States, but to be sold BY
them, and subject to entry by their assisnees,
provided that none Of it shall be sold at less than
one dollar per acre, under penalty of forfeiture
uf the same to the United States.
Third That the expenses of,he management
and superintendence of said lands, and OF the
moneys received tteref-om, shall be paid by the
States to which they may belong, out OF the
treasury of said States
Fourth. That the gross proceeds of the sales
of such lands, or land scrip so granted, shall be
invested by the several States in safe stocks, to
constitute a perpetual fund, the principal OF
which shall remain forever undiminished, and
the interest to be appropriated to the maln,e
nance of the INDECENT insane within the several
States.
Fifth That annual returns of lands or scrip
shall be made by the States to- the Secretary OF
The Interior, and the whole grant be subject 10
certain conditions and limi atoms prescribed in
the BILL to be assented to by legislative acts Of
said States.
This bill, therefore, proposes that the federal
government shall make provision to the amount
Of the value often millions Of acres ofland foran
eleemosynary object within the several States,
to be administered by the political authority OF
the same; and it presents, at the treshold, the
question, whether any such act, on the part OF
the federal government, is warranted and sane.
toned BY the constitution, the provisions and
principles of which are to be protected and sus
tanned as first and paramount duty.
1t cannot be questioned that it Congress have
power to make provision for the INDECENT insane
without the limits Of this District, it has the
same power to provide for the INDECENT who are
not insane, and thus to transfer to the fedora;
government the charge of all the poor in all the
States. II has the same power to provide hos
pitals and other local establishments for the
care and cure Of every species Of human nfirmi-
ty, and thus to assume all that duty of either
public philanthropy, or public necessity to the
dependent, the orphan, the sick, or the needy.
which is now discharged by the States them.
selves, or by corporate institutions, or private
endowments existing under the legislation ofthe
States. The whole field of public bene6cence
is thrown open 10 the care and culture of the
federal government Generous impulses no
longer encounter the limitations and control OF
our imperous fundamental law; for, however
worthy may be the present object in itself, It Is
only one Of class 1t is not exclusively worthy
OF benevolent regard. Whatever considerations
dictate sympathy for this particular object,
apply, in like manner, If not in the same deg rec,
to idiotcy, to physical disease, to extreme
destitution. lfCongress may and ought to
provide for any one Of these objects, it may and
ought to provide for them ALL And lift be done
in this case, what answer shall be given when
Congress shall be called upon, ~ it doubtless
will be, to pursue similar course of Legislation
in the others? II will, obviously, be vain to
reply that the object is worthy, but that the
application has taken a wrong direction.
The power will have been deliberately assn
med, the general obligation will, by this act,
have been ackn owledged, and the question Of
consideration. The decision upon the principle
in any one case, determines it for the whole
class. The question presented, therefore, clearly
is upon the constitutionality and propriety of the
federal government assuming to enter into a
aovel and vast field of legislation namely, that
of providing for the care and support of those,
among the people Of the United States, who, by
any form Of calamity, become ft objects Of pub
lie philanthropy.
readily, and, trust feelingly, acknowledge
the duty incumbent on us ALL as men and eiti-
zens, and as among the highest and hottest Of
our duties, to provide for those who, in the
mysterious order of Providence, are subject to
want and to disease OF body or mind, but can
not find any authority in the constitution 10,
making the federal government the great al
moner Of public charity throughout the United
States. To do so would, in my judgment be
contrary to the letter and spirit Of the consitu-
ton, and subversive of the whole theory upon
which the union oSethe States is founded And
if it were admissible TO contemplate the exer-
else Of this power for any object whatever, /
cannot avoid the belief that it would, in the
end, be prejudcal, rather than beneficial. 10 The
noble Offices of charity to have the charge of
them transferred from the States to the federal
government. Are we not too prone to forget
that the federal Union is the creature Of the
States, not they of the federal Union? We
were the inhabitants of colonies distinct in local
government one from another before the reyo
luton BY that revolution the colonies each
became an independent State. They achieved
that independence, and secured its recognition
by the agency of consulting body, A.cu,
from being an assembly Of the ministers OF dis
tlnct sove eighties, instructed to agree to no
form of government which did not leave the
domestic concerns of each State TO itself, was
denominated Congress When,
having tried the experiment ofthe confederation,
they resolved to change that for the present
FEDERAL Union. and thus to confer on The federal
government more ample authority, they scrupu!
ousi measured such of the functions of theiI
cherished sovereignty rs they chose TO delegate
to the general government With this aim, and
~ tnAS Gnu, TIC idtueTS OF the republic framed
The constitution. in and by which the in 'epen |
dent and sovereign States united themselves.
Tor certain srccifed objects and purposes and for
hose only, leaving all powers not therein Sc, |
orth as conferred on one or another Of the three
great departments, the legislative the executive
Ind the Judicial, individually with the States
And when the people Of the several States had, |
n their State conventions, and thus alone. piv-
IN effect and force TO the constitution. not con.
ent, that any doubt should in future arise an to |
he scope and character of this act. thew noroft |
ID thereon the explicit declaration that
"The powers not delegated to the United
States BY the constitution, nor prohibited by it /
o the States, are reserved to the States, resoec
lively, or to the people,"
Can II be controverted that the great mass ofl
he business Of government that involved. in
he social selations, the internal arrangemen,s
II the body polite; the mental and moral cul-
ure OF men; the development of local resources
,f wealth; the punishment Of crimes in general.
he preservation of order; the relief of the needy
}: otherwise unfortuaale members of socie,v
lid, in practice, remain with the States: ,bo,
hone of these objects of local concern are. bv
he constitution, expressly or implicitly prohibit
ID 10 the States, and that none If them are. nv
my express language Of the constitution, trans