The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-07-07

this government-neither is within its provnceneither
is within the scope of its powers Such is the condition OF
the INDECENT insane of the States The power OF taxation
furnishes nfalble There is object outside OF
the constitution which it be applied and there is
object within il requiring money 10 which it may not be
applied
The power of appropraiing the public moneys is COM
with the power Of taxation is the coun-
tepart OF the other You appropriate money to every
power is necessarily restriction upon the power
TO appropriate You neither tax appropriate for
object not committed to your jurisdiction II would be
the height OF absurdy 10 suppose that when the tax has
been levied and the money placed in the treasury the
jurisdiction of this government thereby enlarged SO
that the money now be appropriated TO an object for
The constitution provides that no money shall be drawn
from the treasury but in consequence of appropriations
may by iao The only clause teAcept one which shall
presently consde) that be supposed to authorize
appropriation is that comforting Congress the power o
make all laws which shall be necessary proper for
ryng Into execution the foregoing powers and NIL other
powers vested by this constitution in the
the United States any department officer thereof"
Here the power OF appropriation is restricted to such laws
are necessary to carry into execution the granted
ersprecsey the restriction which is found necessarily
attach to the revenue power Here then, may argue
back from the power OF approprang to the power of tax
ing; and the argument may thus be stated You cannot
take the money from the treasury except carry into
cuon the granted powers therefore you cannot collect the
money and place it there for any other purpose.
Thus the power of Congress to raso money and the
power of Congress to dispose of it, both limited the
constitutional purposes of the government and these
necessarily limited to the sole and only object of carrying
into execution its granted powers When the have
been raised and appropriated accomplish this object the
function OF the money power has been fulfilled
Thus the money power Of the government is guarded
with degree of bearing proportion to its inn
portance. 1t hedged in all sides from first last
from the moment incipent steps taken to draw the
money from the pockets of the people, while il is passing
into the treasury and is locked up there, and until it
ceases to be public property 1t is guarded with jealous
cauton because the money is the most formidable
power OF government most subtle in its action most liable
instrument of oppression and most frequently the
occasion of civil commoton. The principal question
is whether by any artice device which the wit of
can invent 1T can escape from the restraints which the
constitution has imposed upon it, and by n slight change
Of form become absolute power subject to the dscre
ton the caprice, or the passions OF majority in Con-
gress
This is the great question Immediately presented by
this bill Are the public moneys which have passed into
other forms of public property now, in their FORMS
exempt from the restraints Of the constitution Has Com
gress strictly limited power the public moneys, but
power to convert them into other property and then
limited power over that property? The question is in
deed broader and possible of more exravngan import
Have the trainers of the constitution after thus restricting
with the most sedulous the money power of this gov
ernmen at themselves thrown down every barrier
and in an unguarded moment introduced little clause
by which they have unwtngly repealed every restriction
and conferred upon Congress unlimited power only
dispose of the public lands but of the public moneys
and every species ofpublc property at their sovereign will
and pleasure? Have they given to Congress Unlimited
power in the selection Of objects upon which to bestow it.
limited government lfthey have the power of taxation
is unlimited the power of fappropratiori unlimited the
money power Of this government is unlimited the
despotism OF Russia of Turkey Before You reach
any such conclusion with the slightest degree of plaus
bility il would be necessary take the Of shutting
your to every other part of the constitution and limit
ing your vision TO this little isolated clause in the third
section Of the fourth article, which will read
Congress shall have power to dispose Of, and make all
neednl rules and regulations respecting the territory other
property belonging the United States and nothing in this
of the United States, or of any particular State"
This clause in the hands of liberal consructioniss
threatens to become the Pandoras box of the constitution
and it contains according TO their views constructive
powers which would shake this government to its foun-
daton If there be any which requires the application
of the rule of strict construction and of the great
that this is government of few srctlymited powers
sovereign States, with uncompromsng severity it is
this little misunderstood and muchpervered clause 1t has
already been the source Of of the evils that
nfest any government If any wishes for political
agitation he looks TO this clause if he wishes UNDER
mine the Independence of the States he looks here if he
wishes foment dssensons discomfort and TO set the
North at variance with the South and to shake the Union
to its centre he turns his eyes this clause and forthwith
begins his trcacherous work.
But it is said there preceens for exercising unlm
tied power in disposng Of the public domain, There are
doubtless, great number of acts of Congress making
grants of public lands But these grants with two three
exceptions precedents for the purpose for which
they are cited.
1t is undoubtedly of the constitutional objects of this
government to take Of the public lands. II is as
commerce. or the war power, the power The
only question is what laws necessary and proper
carry into execution the power granted with view to
their preservation end infringement until they finally
sold and dspoSed Of When that is determined, you have
the limit of your authority 1t is necessary they should
be surveyed When in the survey you leave road and
dedicate it to public use you do not give it away but sell
it to those who become the adjoining propretors In
wel-regulated community the lands taxed for the sup
port of schools because the value of the lands is improved
by them When, therefore, you set apart the sixteenth
section for schools other sections for colleges you do
not give them away, but cell them 10 those who become
the purchasers Of the adjacent territory which is thereby
made more valuable, If you give alternate sections
railroad company condition that the road be built the
company pays for them by the construction the road
when sold by repay for your outlay and brought
much earlier into II you have swamp lands which
nuisance TO the neighborhood prcjudcal your nd
acen territory grant from the treasury would be per-
Being therefore Of little value II you part with them on
condition that ,hoy be reclaimed you sell them for vau-
able consideration aud probably better advantage than If
you bad pursued different course.
This is what when say that we exercise the
discretion and power of prudent proprietor II is the
language, think, of Mr. Calhoun, often repeated by 9th
but not until recently made the subject of criticism
by any of his political friends 1t expresses clearly
the extent and object of the power exercise 10 making
grants OF the public domain These grants may have
sometimes carried too ar but they have been made the
bona tide Of the power of taking of the public
lands, preserving them, improving them, making them
available, and bringing them, early AS practicable into
market. II would be dsngenuous conound grant of
this kind grant of part improve the value the re-
inainder in the immediate vicinity with grant for
school, hospital any other local object in remote
State where il could have reference to any such inn
provement The distinction must be clear and pAlpabe
the most common understanding
All the grants which have been made, except two for