The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-04-21
Mr. CLISGMANs REMARKS ON THE BILL GRANT.
ING LANDS FOR THE INSANE.
HousE Or REpREasST1YIyEs, April 20, 1854

ING LANDS FOR THE INSANE.
HousE Or REPRESENTATIVES. April 20, 1854
10 The Editor II he Union:
sm: In the notice taken BY your reporter of the pro-
oeedngs yesterday the bill for the relief Of the insane
be totally have misunderstood the position taken
by me AS the pressed through under the
previous question, and fair opportunity afforded for
examination of It's details reques, that you viii copy the
report Of my remarks il appears in the Globe Of to-day
that your readers may the grounds Of opposition
the bill
Mr.. CLINGMAN | am surprised 10 see this uneasness
manifested by gentlemen did intend occupy the
time Of the House than single moment when first
and addressed the Chair desire 10 know il the bill
does contain certain limitations upon the States with
reference 10 the mode of dispong Of the money in other
words whether il does not II sandsI will trouble
the House by having II rereadreque the States 10
pend this money In particular manner indicated in
the bill understand the gentleman from Illinois Mr..
BnsrLL TO admit that il does Ny opposition, then
would say, rests upon these features Of the bill viii
waive the general question Gentlemen may take ii for
granted that Congress has right give land TO the
States and divide IL among them according TO the federal
population, any other equitable mode taking
no exception 10 that principle hold that when do H.
when you give land 10 the States that you have right
control their expenditure OF what becomes theirs ahso-
luely by your gfat any rate, 10 require them 10 do
what this government itself constitutionay do.
For example, in order that gentlemen may understand
my point-and shall he gratfed if they meet it'll
hold that this federal government has jurisdiction
the lnnatcs paupers in North Carolina right to
take of them that this has authority
under the powers given to il federal and limited gov
ernment to legsIate in this way for either the nnacs
pauper negroes any body else in the States but that
il is matter which belongs each State exclusively IT.
therefore this bill proposed to give lands money
appoint of federal officers TO go into the States and
take OF the unatcs presume that most Of the
ceeding its powers think that nobody would maintain
that had right to appoint set of federal officers
go into the States and take care of the poor the unac
| or any other class.
But does not this objection apply with equal force the
pending proposton7 As the bill is framed under
stand il merely makes the States agents carry its
provisions instead Of having il done by the federal officers
1t framed that the States under it will take the money
under an obligation to it in particular point
ed out in the BILL and in fact to TO effect what the
government has not particle Of authority carry out
1t requires too believe the States to make from
time to time TO how they spending the money Just
exactly as an oyerseer would do upon plantation 1t de-
grades the States therefore, by making them the
agents OF the general government to do the win Of the
lgoyernment-and that will too, being violation Of the
constitution Of the United States which plainly limits lis
powers If the government by the constitution, had any
authority to do such thing possibly it might be
tended that it could effect its object through the agency
the States But n the general government have no such
authority it equally clear that this whole proceeding is
wrong whether it appoints the States agents the federal
officers therefore rest opposition TO the bill upon the
ground thus briefly stated.
shall yield the floor in moment and then the gentle
man from Illinois Mr.. BlssELL either to lay
my motion upon the table he may discuss it, any
other gentleman may take the floor My opposition 10 the
bill upon this ground but there may be other objec
tons 70 it.
should be glad hear from the gentleman from IL
inois understand him TO be believer in the doctrine
that this is government of limited powers and have
doubt that he holds that under the constitu-
ton according to the granted to the BY
| it. II the gentleman show that there is anything
in the constitution which win authorize take OF
the lunatcs in the States either by donation Of the
treasury in this mode might for the BILL do
not think he do however And yet the bill is
framed TO make the States agents enable the
federal government to violate the constitution TO which it
owes IFS existence
| When got up | did not intend to occupy more time
than might be necessary indicate the grounds my OPP
position 10 the bill As question of expediency need
say that regard with favor proposition so benevo-
lent and charitable this measure and should be pleased
to see II carried into practice il it conld he consitnonal
Il done
To illustrate clearly the principles involved, |
would further state that views have been taken 10
the in which the government holds the lands BY
persons has been conended that the coded lands
originally given TO the government to pay off existing
debts and that those debts being discharged the remains
Of abe lands might equitaby be returned the States OF
the Union. If this theory true then the States would
take the lands their proceeds absolutely and might die
pose Of them al their will
For example II l. for individual shall sell
his lands and apply the proceeds TO pay off outstanding
debts would be bound If surplus remained, pay il
over 10 him Suppose that should say that would not
pay the money him unless he would enter into ob
CATION invest il in xpe-cent stock and apply the in
ere annually 10 support his wife and educate his children
and annually make return 10 Of his mode Of spending
the money he would AT say me, that the money
was his absolutely that be could not allow TO inter
fere in the management Of his family matters and that b,
Icould not consent 10 be my agent and thus admit my
right 10 control his domestic affairs Does this cast
resemble the made a. the States, by this bill
N the other hand IL be maintained that the fedora
government has the absolute right to the lands just
has the money 10 the treasury then II nevertheless Is
strcted in the 10 objects within the scope Of its pow
era II has right 10 devote either money land 10 q
feet unconstitutional objects Nobody think VIII con
tend that II has any authority take q the insane in
the different States either through rs officials By
making the States agents This Is not bin dstribu
either land money among the States II merely
unauthorized assumption by Congress Of the right tax,
charge Of the insane in the several States For such
act Il has not In my Judgment color Of constitutional
power Respectfully,
Il r. L. CLINGNAN
the Union.
REGULAR COMMUNICATION WITH LIBERIA.