The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-23


We publish to-day the late speech Of Senator Brown Of
Mississippi upon the ndigentnsane bin and the reasons
OF the President for his veto thereof In doing do
not seek to create any obligations on the part OF that
u.s. nor to cancel any obligations that
under to him. but it is purpose to yindicate the
reasoning Of the President against dissenting criticism
OF the senator deem il but just him and 10 ourselves
that his remarks and our comments should go
gether n~ 8H
1t was not more matter Of extreme regret to Governor
Brown that his position friend OF the bill made 1t
necessary for him speak than it was and thou
sands Of other democrats that he had arrived consttn
tiona conclusions this subject which forced him
cupy ground antagonstic 10 the President and as we
think the democratic party As he was not restrained
by his extreme regret" from indicating his the
BILL So on account or regret shall fail dis
charge our duty TO a democratic administration by de-
clining to yndicate course We feel the obligation
discharge this duty the sensby because Gov Brown
himself strict constructonist Of the constitution
and have been in the habit of regarding him all
issues involving the construction of that instrument The
declaration that lie is strict construconst necessarily
carries weight with it, and that it becomes the
important that his position should be closely scru
nzed by those who claim like him. belong the strict
construction school.
Gov Brown shows himself to be practsed logican in
seeking at the ascertain with cearnes and pre-
cson the which the trainers Of the constitution
used the language the construction of which the ques
ton With strict accuracy he defines atey7ory"
used in the clause quoted by him. be Synonymous
with ladD and says truly that aand is here treated of
purely property" He seeks the meaning to be at
tached the phrase 10 dispose Off and in this nyesga
A. -
makes display Of pathological learning which might well
create the impression that there has heretofore been d
vision in the learned world to the meaning of the words
to dispose Of" We not aware however that anybody
has disputed that the words dispose of" had
erl distinct meanings and that of them gvep
With profound difference Senator Brown therefore we
think his quotations from Johnson Richardson, Todd
Webster, and Walker waste of pathological learn
ing We agree with him fully that the trainers of the
constitution were men not only of sense,
but of extraordinary asuteness They knew the force
of words, and the meaning Of words and it is reproach
to them to say that they employed words with sgni-
cation in the constitution which in their common every
day carried with them different Specification" We
go little further than Gov Brown; we have no doubt
that the trainers of the constitution all knew without
sultng "eainen photographers that the words ito dis
pose Off Sin their common, everyday sense" meant not
only to "employor apply 10 particular purpose use
10 SELL to bestoc, but also TO goe We take it for granted
that they knew that the meaning of the words ITO dispose
of" whenever used is to be asccraincd by looking the
intention with which they used for instance they
knew that if disposed Of his land by u his
ton to gipe it TO his egatees if he disposed Of it by
deed for consideration his intention SELL and not to
gre In word, being of common sense themselves
they expected the language they employed would be
sfued according to the rules Of sense We are
that it them that in ascertsning
the powers conferred upon Congress- it would be deemed
necessary by learned eminent lexicog
aphers to see IL language might not bear meaning
which common revos at irreconcabe with their
intention. II the old revolutionary fathers could have
heard Senator Brown gayely quoting his photographers
to find out the sense in which they used the words 70 dis
pose Of" in the constitution and when he finished if they
could have witnessed the exuan conclusion 10 which he
arrived they would have felt that he had spoiled the high
compliment paid by him their common sense and ex
traordnary astuieness He closed his pathological in
vestgaon with the following pregnant and ublan in
terrogatory;
"Now, sir If Congress has the power dispose of the
public lands, and If TO or Richardson,
johnson, Walker Todd, and Webster, all agree 1t
gpe where the of power give these
benefit of the INDECENT insane ?"
We respectfully submit Senator Brown that because
TO dispose Of in certain connexions 10 give it
does not therefore follow logically that the words when
used necessarily to give and therefore that
his eminent photographer leave him just where he
started. They show that sometimes when the
words to dispose Of" they to SELL at others to
give 2 but they throw light upon the meaning Of the
words used by the trainers of the constitution And
yet Governor Brown to consider his gained BY
the help of tho photographers and jumps with illogical
agility to the conclusion that the poc % givs array
public ionds u eprc,sty conferred Coagressi Indeed
the impression made his mind by the dictionaries
strong that he nmaies the opinion that Congress no
power sell the public lands and consttutionay do
nothing with them but girs them away; and Of course
that the whole system of land sales the beginning has
been wrong
II may be well 70 pause here little and look practically
At Senator Browns constitutional conclusion We pre-
he viii admit that the clause Of the constitu-
ton which authorizes Congress ITO dispose or the terri
tory also authorizes IL ITO dispose Of the other proper
tyH of the United States II this authority means that
Congress may gre array the territory" it also
that 1t may gire array the other property If init
mated by him. Congress consttuonaily sell the
territory neither Il sell the other property but
only dspoe Of either 10y giepg them away. Accord
ing TO Senator Browns sricconsrpcon views therefore
ca not on1v axra,