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


eral States Of the Union for the benefit OF ndgennsane
persons which had been returned by the President of the
United States with his objections
Mr.. BROWN said
Mr.. PREsDEsr II Is with extreme regret that
word on this subject To il would be grateful
task to sustain the views Of the President than to oppose
them strict construetionis of the constitution myself
it is more pleasant for in harmony with those
who eonstrae il strictly than differ with them We
have rare examples in tie administration of the govern
ment OF rigid adherence to that Instrument and any att
tempt to set example excites my admiration could
wish however that the President had selected less
thy object than the before for manifestation OF his
zeal IN sustaining the constitution in its letter and in its
spirit
II this were original question would be silent But
having voted for the bill that has fallen under the
tive veto in the House and in the Senate feel called upon
in justice to my constituents and yself assign the
Iesonz whieh justified me II giving these sete
have no Grafton to pronounce in behalf of the INDECENT
insane These children of misfortune their own most
earnest advocates mnred in cells shut up loath
dungeons shut from the light Of day and from
the light OF reason with the hand of God resting heavily
upon hem their mute appeals to US for help and succor
are more eloquent than anything can say.
The President has declared, with earnestness that
does him credit as and Christian, that he has
been compelled TO resist the deep sympahes Of his own
heart in favor of the humane purposes sought to be
pished by this bill The sentiment viii find hearty
sponse IN the bosom OF every good man Of all the millions
who live under the ags Of our constitution there perhaps
not one who viii not that the purposes sought be
compshed by the bill humane, benevolent Christian
and eminenty worthy of all the support which give
them consistently with duties TO the constitution we
have then but question before us Can we pass this
bill without violating the constitution
To that question address myself
The constitution says,
The Congress shall have power and make
all needu rules ard regulations respecting the territory
other property belonging to the United States"
That the word territory is used in this connexion sy
nonymous with land and that land hsre treated OF pure
y as property is not questioned believe by the President
or any one else
To dispose ofto dispose of the territory to dispose
nd that me hy
nary paranee it give 10 sell to besow, to con-
vey and apprehend that il used simply to convey its
ordinary meaning The trainers of the constitution We're
not only common but Of extraordinary astue
They knew the force of words and the meaning OF
words and il is reproach to them 10 say that they en-
poyed words with Specification in the constitution,
which, in their common everyday use carried with them
a different signhcation.
have consulted eminent photographers the true
meaning Of the words TO dispose of and with these
1 suits:
JoHssos 70 dispose To employ for various purposes
! to GIVE; to place; 10 bestow
~ To dispose Of To AWAY to employ to any end 10
( put into ANOTHER
RcHARpsoS.-- Dspose: TO employ for apptp 70 a
\ particular purpose or 4ss and thus TO bestow
difnse; GIVE; to place; 10 5estor.
10 dispose Of oappy to any purpose; to transfer to
other purpose to put into the hands OF another
! TO GIVE AWAY BY AUTHORITY
Y WEHrER,-Disposs; To apply particular purpose
TO GIVE % hsstor you have disposed much in public
pisty n this sense % aispoe Of Is generality used
To dispose of To GIVE Away transfer by authority
WALKER 10 dspose Of To apply to any purposes TO
put into the haDds of another gre aeay by authority
Now sir If Congress has the power to dispose of the
public lands and If DISPOSE or Richardson
Johnson, Walker Todd, and Webster all il means
10 gv where H the want Of power TO give these lands for
the benefit Of the INDECENT insane
The power give having thus been conferred in express
terms BY the constitution there can be Limitation to the
Of that power other than this that it shall not be used
for purpose inhibited by the constitution in express terms
! or by fair Implication.
There s no pretence that the purpose of this bill s in
he he
ton therefore be supplied by implication, az ALL
shall undertake to show that there is nothing in the
sttution outside Of the constitution which being fairly
construed, supplies any such implication
The President has undertaken TO show-frst that the
constitution ITSELF not in terms but by fair inendment
prohibits such gift az that proposed in the bill and
ondly that the deeds Of cesson from New York Virginia
Massachusetts, and North Carolina in express
prohibit il On both points the President and myself
The President says the bill proposes to make provision
for eeemosynary purpose within the several States
and that THIS presents the question az the threshold as
To whether any such act on the part OF the federal govern
men warranted sanctioned By the constitution The
point here presented not that Congress pro-
vide for ceemosynary institution because IL Is such
an institution but that Congress cannot provide for
such an institution IN the Sates 1 am warranted in
saying this because the President clearly admits thai il il
within the competency Of Congress to provide for ns-
tuition Of this character in the District Of Columbiahs
language being IL Congress have power TO make pro-
vision for the indigcnt insane rioua G % " iis Dis-
c it has the power to provide for the INDECENT who
not insane and thus TO transfer 10 the federal govern
ment the charge Of o0 he poor ~ an lse SafesT
/ respectfully submit that the President has not met the
question fairly. We propose 70 give the lands and instead
Of meeting the question 10 whether have the
power make The gift the President attacks the object OF
the gift and the ground that the object Of it 10 located
without the range Of constitutional legislation grant
that Congress has express authority Ia the
constitution to make provision for eleemoyuary pur-
pose eis he Sdfe II but has Congress any cypress war
rant authority 20 make provision for colleges schools
and railroads within the Staies2 Clearly not; aud vet
shall show before get through that the President has
very distinctly indicated that all these within the
4 range Of constitutional legislation
shall presently inquire by what the Congress
gives lands to schools colleges railroads build houses
and drain swamps in the States and shall then endeavor
show that the constitution which sanctions these
grants also sanctions grants to lupatc asylums
For the present LEI pursue the argument Of the Pros
dent at cannot be denied he says that II Congress
has the power make provision FOR the INDECENT insane
&C. ut has the power provide for the INDECENT who
insane Granted but has the President well con-
sdered the difference between the possession Of pow
er and the necessary obligation TO exercise that power2
Because Congress has the power 70 do thing i by
means follows that Congress must do IL Congress has the
power to order the building Of six sixty seamrgatcs
and ii has exercised that power FAR order six il
does not follow that It must order the building Of sixty
The President speaks Of diocy physical diseases aud
extreme destaton and says f Congress may and oaghi
TO provide for any Of these objects Il may and 9q
provide or them ALL This is saving that II Congress has
the power to do thing and does it, then Congress ia
bound to do everyth thing else that has the power
Now may think that Congress may aud ought to declare
against Spain and II she does II should by no means
conclude that she may and ought declare war against
England HCongress has the power to give Il may give
70 class stricken mysericusly BY uscrutabe Provi-
dcnce without imposing itself sort of obligation 10
yiw IN tho