Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-05-27

Drought INTO market ana tne proceeds placed in the
Treasury Of the United States when In the Treasu
ry they subject to the clause which would now
subject these lands the funds arising from them
Congress shall have power to lay and collect taxes du
ties mposs the debts and provide for the
defence and general welfare Of the United Stes
And for the purposes Congress shall have power
dispose Of and make all needf rules and regulations
respecting the territory other property Of the United
States that is the property Of the United States
in the best way udicious trustee would to comply with
the obligations Of the Constitution In taking of the
property in making rules in respect to it, there
fair latitude in which prudence may take direction in
huenced by public and private interest What judicous
proprietor might do within the limits Of his trust the Con-
gess would be well authorized to dc in reference to the
public lands
i do not make this incidental remark with any view Of
approving OF some of the that have been adopt
ed to enhance the value Of the public lands Any regua
tons that would favor the settlement of the public lands
by bringing them into market fair prices might well
receive the favorable consideration of the Legislature
such measures could be guarded from abuse, and did
not afford pretext sometimes they have of covering
designs of policy repugnant to the Constitution shall
not have tme in the compass of these remarks to make
commentaries all such topics According to the gene
raj view have TAKEN why not say that these lands
available assets should like the money raised by
for the purposes indicated in this clause be used
common defence and general welfare Indicated by
the discreton not by the vague wisdom by the
decision OF majority of Congress- but that general
welfare and that " common defence which is indicated
by the different grants of the Constitution have no
fence except in the and lfment Of the gene
ral grants In the Constitution for If it were not So it
would not have been worth while specify the grants of
power ut all
Here may say, before 60 further that the Federal
government Is not only of limited powers expressly
delegated by the States in convention but that as far
can read the Constitution with very few exceptions,
Congress has unlimited power in the execution Of
scarcely Of the authorities conferred upon it, The
power to declare is, to be sure unlimited because
the declaration Of war cannot be Defined nor the
means be limited From the ure of the power one is
unlimited and the other imtable; but with regard to
every other power it does to that it ought
subject to some limitation The power adverted to by
my honorable friend and which has been commented
IN the posthumous work of Mr. Calhoun to which he
ferred, to make treaties is one in regard to which
should differ from him very widely This is power de-
pending upon the President and twohds the Senate
and can never acquiesce in any doctrine that the treaty
making power shall have influence except in regard
the matters to whchit limited indicated in the Con-
stitution dc not think he could have intended to say
that by the making power Congress should have
any ether greater power in making an encroachment
upon the reserved rights Of the States is to be found
In the exercise of the legislative powers granted the
Constitution itself Could twohirds of this body and
the President Of the United States under the treaty
making power say nobleman Of England France or
Germany, ''You shall come here and not only occupy
any lands in the United States but retain your title
nobility? OF course could not say that, because
there is positive prohibition Of the Constitution against
It, But suppose it proposed to say to him, You
shall come here and buy lands your oldest child shall
take those lands in the State of South Carolina to the ex
cuson OF the Others in the face of her statute to the con-
trary That might be said to invade the very existence
Of State sovereignty ITSELF and this shows that there
must be some limitations upon the power. you could
BY treaty make an agreement with foreign Power to
give foreigner in one OF the States of this Union status
different from that which would be occupied by one Of
citizens under the laws Of succession it would be
one OF those radical exercises of that would make
an encroachment upon the reserved rights Of the States
Then do not concede that the power to make treaties is
II fnH ho lsv,sta I
great powers Of the Constitution ITSELF and be
enlarged The treaty making power may undertake f.r
the States that they win abide by the treaty; by it they
may make overtures can enter into no terms abrdc
ing the power and administration of the States acting
within the recognised sphere of their reserved rights
~, know my honorable friend from North Carolina has
way Of authority He has aSsf S e acts which
passed in 1919 and 1885, during the administrations of
Mr. Monroe and Mr. John Quincy Adams, granting
township of land in each for the endowment deaf
and dumb asylums in Connecticut and Kentucky. He
has quoted very imposing in support Of those
which carry with them great authority
confess these two instances in conflict with my
general opinions this subjects and, allow say if
the whole subject had then been brought review it
now by this message before the Senate and had received
full discussion, do not know which side would have
been the weight of authority But sir the fact cannot
be disguised that in the history of this Confederacy
different doctrines have prevailed at different times
cordng to party tenets Statesmen distinguished states
men, have not been Indifferent to the temper of the times
influence of doctrines which nculcated ut the very
times they gave their votes There are those who, in
after e and after reviewing the practice of the Govern
ment have reversed the judgments which they originally
gave The name of my distinguished friend, Mr.. Me-
Dufe has been brought to bear this subject He
man OF genius, Of the very highest talents; but
sir, know that Mr.. McDuie in 1923 or $780, had the
manness to say that when he entered the Federal
ellis he went there with ali the generous confidence that
he could give to the representatives Of the different
tons VI this Unon but that experience Of ten years
had shown him that his confidence was misplaced. he
had then been called upon to give his judgment in refer
ence to this very natter instead of in 1926 when
these doctrines prevailing he would my deliber
ate Judgment have reversed the opinion which to
be implied in his vote Why sir at one time was not
true that the Bank Of the United States was regarded as
constitutional ?-and how many great names could be
quoted for it Was it not at one time fayorite
doctrine that system of internal improvements could
have the sanction OF Congress land how many great
names could be quoted for it.! So Of the tariff and SO
OF many other extravagant looking consoda
ton Why, Sir, there are politicians in this country who
would prefer to see the lines State sovereignty obter
ated, and have this become undivided empire. be-
heve General Hamilton did not hesitate to say, that
far as regards some Of the municipal offices, the
States were very t corporations to perform them but
Tar as pertaned to the great interests of the Union he
thought the these distinctions could be broken
down the better-converng Conederacy Of States into
one nation like England. should not undertake to say
that politicians from my part of the Union have been
empt from that influence am afraid that in that period
which was called "the of good feeling" in Mr..
Monroes administration, just after we out Of the
war; many precedents might be found which it would not
be safe now to follow. After out Of the war
there was disposition the part of the patriots of the