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

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cumstances could not be entirely suppressed Such
the two precedents, and my mind they entitled 10
no weight against the clear and manifest intention Of the
constitution
ar: BELL win my friend from Connecticut feel an
noyed II ask him question now, will he prefer that
should wait until he gets through
Mr. TOUCEY.> will yield if the desires to
ask a question.
Mr.. BELL wish to know what becomes of the pro-
ceeds of that grant, if it clearly unconstitutional
ask this as judicial question under the constitution
Mr. TOUCEf. Mr. President ! think it will be very
likely In this case TO be it is in almost every caswhat
goes from the government very seldom returns.
Mr. BELL Is the senator's answer that the judiciary
will sanction -that there is no effective re-
cover what he considers an unconstitutional grantf
Mr.. TOUCEf. | say that in point OF fact what goes
from the government very seldom returns The power
dispose Of the territory and other property of the United
States and to regulate it is equally with all other pow
subject to the limitations of the constitution. Not only
The fontext but the whole instrument is to be taken into
s IN constituting this, well every other part of it,
This settled rule Of construction applicable to every
contract well AS to every law where you seek for the
intention OF those who have made it for themselves for
Others rule Of action And when you find intention
restriction, clearly and necessarily implied from the nature
and character OF the instrument OF its provisions
as effective if declared in express terms. This
power therefore is subject express and every
implied Limitation which may be found in this in any
other part OF the constitution and the whole instrument
its nature its character its Objects and its various prOvs
on must be weighed and scanned in order TO determine
meigenty the true meaning OF its parts Hence the ne
cssiy Of observing carefully the limitations and restrc
tons OF the power of taxation and the power of appropra
on in order to ascertain the condition of the property
brought into existence into the hands of the govern
ent by their exercise and the nature and extent of the
power which designed to operate specifically upon that
property If the power to tax and the power to appro
pirate are both strictly limited to the constitutional pur
poses of the government it would to follow
sary consequence that if the restriction not designed
to be nngatory the property which is the result of the ex
erse of those powers should itself also be restricted
the purposes If tax had been laid to buy navy
and the money raised appropriated to that object and the
navy had been purchased il then could be sold and the
money received for appropriated any and to every
conceivable purpose it would be quite obvious that the
restriction upon the power to tax and upon the power to
appropriate would be not only nugatory but worse than
triag would be deception and mockery, fit only to
caoe and deceive while the money power OF the
ment would become unlimited
This power to dispose Of the territory and other property
of the United States applies equally every species of
property belonging to the United States In the first
place it applies to the public lands The principal
of this property is taxation The money is drawn from the
pockets OF the people, is placed in the treasury and then
passed into this FORM subject the disposition of the fed
eral government At the date of the constitution the Uni
ted States the of the territory northwest of
the Ohio which immense of the public money have
been expended 1t subject to the condition that it
should be held fund for the benefit of all the
States according to their usual respective proportions
the general chageand expenditures and let to the
honorable senator from North Carolina Mr. BADGER it is
exactly applied when it is applied to the constitutional
purposes of the government whether in North Carolina
or in California AT the time the United States
the of territory in the Southwest contain
ing thirty-fve thousand square miles, OF twentyour mil
lion four hundred thousand which had been acquired
by the revolution and was organized as he Territory Of
Mississippi by act of Congress- passed in April l798
This is the Territory the existence of which denied
by the senator from Ohio Mr. CHAsE] former
sion. Upon these lands Also large of money have
been expended -Four years afterwards in April 1902 the
United States acquired by cesson from Georgia, for
Sl,250000 and other large considerations extensive
tract north of the Territory of Mississippi and subse-
quenty annexed TO it by act of Congress passed in
March, 1904 The Territory of Louisiana purchased
of France for 900 The Floridas were purchased
of Now OnndC itoruo were
purchased of Mexico for and assumption of
more than S30O0O0O of debts Within these limits
comprised all the public lands belonging to the Uni
ted States except those held for special uses None remain
in Tennessee acquired from North Carolina In addition
to the original purchasemoney, many millions have been
expended from the treasury cxtnguisl the Indian tte
many millions more for preserving, surveying improving,
and managing them The contents of the federal treasury
have passed into these lands and represented by
them.
In the second place. the power of dsposng of the terri
tory and other property of the Uuited States applies
every species public property held for the special of
the government 1t applies to shps-ofwar and other
public vessels to navyyards fors arsenals magazines
arms and military stores customhouses and lighthouses
the mint the Capitol and other public buildings and all
This is large cm and this power applies equally to this
species Of public property and to the public lands,
In the third place the power to dispose OF the territory
other property belonging to the United States applies to
the gold and silver coin in the treasury TO all the moneys
of the United States to all debts due to hem and to all
their securities Of every description Property is word
value which susceptible of ownership; it comprehends
everything of which the right of property be pred
Gated it comprehends the gold and silver in the treasury,
unless it be shown that not property belonging to
the United States as have always supposed it very
clearly to be.
The honorable and distinguished senator from Michigan
Mr. CAss thought the clause did not embrace the money
in the treasury and he remarked that there another
power dispose Of expressly given elsewhere in the
stption There is another provision in the constitution
prohibiting the Of it except by law and there might be
power nterredhat is you might infer that it existed
somew here.
Mr. CASS. Is there not clear power given?
Mr.. TOUCEY 1t might be inferred from the clause to
which the senator referred that it existed somewhere
Mr.. CASS. The constitution expressly provides that
money shall be drawn oln the treasury but in
sequence of approximations made by law That is clear
power
NJ. ~ HCEY. 1t is an nterdct, and not grant of
power agree that if there nothing else you might
infer the power but there is another express grant which
it, and that is the grant of the power pass laws
necessary to carry into effect the granted powers say
the clause relied by the honorable senator from Mch
is an interdic and not grant whatever you might
infer from it, hut there is express grant OF power to
Congress pass all necessary and proper laws carry into
execution the grlted powers and there another grant of
TO dispose Of and make all necdul rules and regu
ons respecting the property the United States beg leave
respectfully differ from the honorable senator from Mich
igan this point think il within the letter within
the clear terms and certainly within the meaning of he
constitution that Congress should have the power under
this clause dispose of the money of the United States
and think this clause is subject 30 the restriction
which to be found in the clause by virtue of the
declaration contained in the preamble to the constitu
ton.
This class Of property you look not only TO the pres
emit but also TO the future the thousands of millions that
go through the treasury is by far the largest item
of property which under the provisions of this
clause.