The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-04


Of strict construction presided over the actual conclusion
and subsequent adoption Of the constitution.
President Madison in the Federast says The powers
delegated by the proposed constitution TO the federal
few and defined Those which to remain
In the State governments and indefinite
aI the general governments) jurisdiction extends to
certain objects only and leaves the several
States esiduary and nyioabe sovereignty all other
Objects
In the same spirit President Jefferson inyokes the
support Of the State governments in All their rights the
most competent administrations for domestic
and the bulwark against anrepubcan tendencies
and President jackson said that strength and
wisdom not promoted by nvasons Of the rights and
powers of the several States but that the contrary
they consist in binding the States closely to
the centre but in leaving each more unobsructed in its
proper orbit
The trainers of the Constitution in refusing to confer on
the federal any jurisdiction these purely
local objects in my Judgment manifested wise forecast
and broad comprehension of the true interests of these OBJ
jecs themselves 1t is clear that public charities within
the States be efficiently administered only by their
thodty The bin before comedies this for it does not
commit the funds provides the administration of any
other authority.
cannot but repeat what have before expressed that if
the era States many of which have already laid the
foundation of munifcent establishments Of local bene
cence and nearly all Of which proceeding establish
them shall be led TO suppose they will be should this
bill become law, that Congress is make provision for
such objects the fountains Of charity win be dried up
home and the several States instead of bestowing their
own the social wants Of their people, may
themselves through the strong temptation which appeals
to States to individuals become humble suppliants for
the bounty of the federal government reversing their
relation to this Union.
Having stated my views Of the limitation of the powers
conferred by the eighth section of the first article of the
sttuon deem it proper call attention to the third
ton Of the fourth article and the provisions Of the sixth
article bearing directly upon the question under consdera
ton which, instead Of aiding the claim power exercised
in this case tend it believed strongly to illustrate and
explain positions which, without such support
not regard as questionable
The third section of fourth article of the constitution
is in the following "The Congress shall have power
to dispose of and make all needfu rules and regulations
respecting the territory other property belonging to the
United States; and nothing in this constitution shall be
so construed to prejudice any claim of the United
States of any particular State The sixth article is
follows w.t. that All debts contracted and engage
ments entered into before the adoption of this constitution
shall be valid against the United States under this
stitution under the confederation"
For understanding of the terms used in the
third section OF the fourth article above quoted
should be had the history of the times which CON
sttuton formed and adopted 1t decided upon
convention the 18th September 1884, and by il Con-
gress empowered to dispose of &c, the territory
other property belonging the United States The only
territory then belonging to the United States that
then recently coded by the several States wit by New
York in 1881, by Virginia in 1884, by Massachusetts,
1885, and by South Carolina in August 1884, only the
month before the formation of the constitution The ces-
sion from Virginia contained the following provision
That all the lands within the territory ceded TO the
United States and reserved for appropriated
the before purposes disposed of in bounte
the officers and soldiers of the American army shall be
sdered fund for the and benefit of of
United States as have become shall become members Of
the confederation federal alliance of the said States V
gna included according their usual respective proper
tons in the general charge and expenditure and shall be
faithfully and bona de disposed Of for that purpose and for
no other use or purpose whatsoever"
Here the object for which these lands be disposed
Of is clearly forth and the power dispose Of them
granted by the third section Of the fourth article Of the
constitution clearly eonemplaes such disposition only
II such be the fact and in my mind there be doubt
Of il, then you have again not only implication in
favor Of the contemplated grant but the strongest author
ity against it,
Furthermore this bill is in violation of the faith Of
government pledged in the act of January 49, ls47 The
nineteenth section Of that declares That the pay
Of the stock which may be created under the pro-
visions Of this act the sales Of the public lands are hereby
pledged and 1t is hereby made the duty Of the Secretary
of the Treasury TO and apply all moneys which may
received into the treasury for the sales Of the public
after the first day Of January s4 FIRST to pay the interest
all stocks issued by virtue Of this act and secondly 10
the balance Of said receipts after paying the interest
aforesaid in the purchase Of said stocks at their market
value &C The debts then contracted have not been
quidated and the language Of this section and the obi
cations Of the United States under IT, arc too plain to need
comment
have been unable to discover any distinction on con-
stutona grounds grounds Of expediency between an
appropriation Of ten millions OF dollars directly from Tho
money in the treasury for the object contemplated and the
appropriation Of lands presented for my sanction And
yet doubt that IL the bill proposed ten millions
the support Of INDECENT insane in the several states
the constitutional question involved in the act wopa
have attracted forcbly the attention Of Congress
respectfully submit that In constitutional popt q,
view it is wholly mmateral whether the appropra,i.n bo
in money or in land.
The public domain Is the property OF the Union
just as much as the surplus proceeds OF that and of dut