Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1854-05-26
FRIDAY, MAY 26, 1854.

| tlNi uhh juh-Ch'cht VI NohS'Scsi
vth whom, under the Constitution,
nc power is lodged. The inquiry
Yith me, then, IS, in reference TO any
Measure of this sort, is il expedient ;
Is II proper; is it right does the
public interest require it; will the
public good be advanced by it?-
Whether a given measure be expedi-
Ell or not, or whether Congress have
constitutional authority to pass II or
NJ, presents entirely distinct and in
dpendeni questions. The one de-
rnds upon considerations Of public
olicy, OF public interest, the other
epends upon the construction of
ne Constitution.
Mr.. President, | readily admit the
claims, the superior claims, if you
please, OF the new States 10 large
and liberal grants Of the public lands
for internal Improvements, for edu
cational and many other purposes
/ This admission is made upon the
ground of the greater necessity in
their case, not because any constltu-
tIonal Limitation Of the power which
would restrict US 10 make grants TO
he lands States only. Entertaining
aid acting upon these views, | am
abe, standing here, 10 say TO my
irIepds from The new States that ]
have pretty uniformly voted for
aboutevery ding you have asked for,
and your demands have been Meth
er few nor small" have done so
as matter of cxpediency-as INIT
ter of justice, if YOU please SO to
have ii-as a matter of the more
pressing necessity, growing out of
your peculiar position as new and
rising empires in this great Republic
Of ours. | have done so, however,
without, by any means, admitting so
absurd a doctrine as that the Consii-
tuition confers upon Congress an au-
thoriiy to do for you aud your States
what ii may not do for any and for
every other State in this Union. II
the Constitution confers power upon
us 10 grant lands to the new States
for internal improvement, education
al and other purposes, II coniers
equal power upon us 10 do the same
thing for all the other States. But
whether it would be expedient, and
wise, and proper TO do it to the same
ex,ctt in the one case as in the other
must depend upon the different cir
cumshnces aud condition of the old
aud new States; and il belongs to
Congiess Ia make the discrimination,
to detide which require The more and
which the less. The whole thing is
resolved into n question of expedlen-
cy. of policy, of public interest, and
rests altogether in the sound mdg
ment and dissection of Congress
There may have been great deal OF
impolitlc and unwise legislation in
re erence 10 the disposition OF the
public lands Congress may have
pursued an unwIse policy upon this
subject, as II doubtless has upon many
others matters Tut that does moi
affect the question of their consttu-
tional power. Although the Consii-
tutlon coniers upon Congress all its
legislative power, II cannot prevent
lis injudlcious exercise. In other
words, injudIcions and unwise legis-
lation by no means implies want OF
power or a violation of the Const-
tuition.
Mr.. President, if this bill now be-
fore us, and which is the only
measure that for years has looked
towards extending impartial aud
even-handed justice to all the States
of this Union-which is the first
practical recognition of the right OF
the old States, the first-born of the
Revolution, TO any share directly in
the grants of the public domain-it
this bill, so equitable, so general, SO
impartial aud benefcient in its op,
eralions, if this bill is TO fall under
the Executive veto, on the ground
that Congress has transcribed its
constitutional authority in passing
such bill, how many bills. will
any body tell me, has Congress ever
passed for the grant of lands in
which il has not transcribed its
constitutional authority Can any
grant be constitutional II so
what, and how, and to whom, and
for what purpose 7 The answer tC
these inquiries may give us some
light upon the subject. If this bill
is an Infringement upon the Consti
tuition, | hazard little in saying tina
you have not an act granting land,
Tor any purpose upon your statutes
which does not commit quite as fla
grant an lnfraction upon that instru
ment. If this is unconstitutional
what becomes of all your pendin
land bills, your homestead bill
your distribution bills, your railroa
bills, the Pacific railroad, and all
Ii this bill fails because it violate
the Constitution, these must all g,
by the board along with it. If thi
is the doctrine which is to rule thu
hour, let lis know it, and be pre-
pared for it. Let us stop where We
are. Let us have done with grant
ing lands for canals and railroads
for schools and for colleges. or fol
any thing else. Let us spend no
more time upon these unconstitu-
tional measures.
But, Mr.. President, the argument
n III. xvotA ..,o-ca.a 1AAe NOT aA..