The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-20

Mr.. BUsIER, (dem Of Va, moved to amend the bill
that Congress composed principally of farmers and
October
Mr. DOUGLAS said the object of the bill was to equaze
the sessions OF Congress- instead having one session
nine months and the other three, as at present.
MIR CLAYTON, (whg) Of DEL advoc ted the bill.
Mr. Mason, ldem ofva., opposedit He thought Its
practical effect would be to proiong short sessions
Mr. DOUGLAS raid he haa another bill establishing
the rule that both houses shall be long sessions ad
journipg In May.
Mr. BAyARp, (dem.) of De said all efforts to shorten
per diem compensation was abolished and an annual
salary hxed for members 1t had been clearly shown
that Congress could do much business Ia three
months session as in nine months.
The bill was then postponed, and
The yRToED INSANE LAND BILL
Mr. SEWARD said-Copgress has passed bill by which
ten millions Of of the public domain granted
ton that they shall accept the and sell the lands at
not ieS than one dollar and safely invest the
the maintenance of their INDECENT insane inhabitants
This bill is contribution made from peculiar tiona
resource at time when the treasury is overao wing to
the States IL is made at the suggestion aud it not
stating the case too strongly to say through the unaid
ed unpaid, and purely dsinterosted influence of an
American woman who while all other members of socie
" have been seeking how TO advance their fortunes
and happiness or the prosperity ard greatness Of their
pitia Bile form in which the Divine Ruler iets
common humanity. Tue purpose of the bill has
mended it to warmest and most active sympathics
Not voice has censured ii in either house of Congress
II the one only purpose of legislation sufficiently great
to arrest attention that has met with universal appro
bation throughout The country during the present
SION. II GEMS If some sad fatality attends publ
action wh'n the measure is singled out from among
all others to be bafled and defeated by an Execu.
tive veto. Such, however, is the fact. The bill
has been returned by the President with objections,
which Is now our constitutional duty to consider
shall conne myself to the consideration Of these objec
tcns alone andshal not look backward to objections
made in previous discussions here dwell upon any
that have been raised since the veto message
ceived that are not contained in that document Five
years Of congressional discussion has exhausted the sub
ject far all other objections except those of the
President are concerned In considering the Presidents
message struck with the fact that is desuory
Illogical and confused. While commencing the purpose
OF te D the President denies the expcdiency of the
measure, and denies, Also the power of Congress to
adopt it, 1t is impossible however, to separate the
from the argument against the power So the argument
against tie expedency rests chiefly assump pti0n
that the measure is usurpaon of power, while the
diency of its exercise This erieoSm is important, be-
cause the confusion l have described inpars the
force OF the argument, and because, moreover, Con-
gress may well confde in their conclusions
as to the expediency of measure, while they
cuve IL
do not stop to demonstrate the correctness of this
criticism Every senator who has discussed she message
on 1ther sde has betrayed think, embarrassment
resulting from 1t. In the second place, the message
seems to do not say disingenuous but siogulary
unfair and unjust in the statement of the question The
bill confines itself to single purpose viz that Of aiding
the States in maintaining peculiar class of destitute
by an appropriation Of equal and just proportions
OF the public domain leaving ell other objects and all
other sources of public wealth out of vew and abstain
ING altogether from Interference with the States In the
OF that one duty but the President nocon
tint to state the question thus He approaches it by
induction. IL cannot be question. he says that If
Congress has the power make provisions for the indi
gent without the lmits Of the District it has the
same to provide Tor the INDECENT who not in
sane and thus to transfer to the federal government the
charge of all the poor in ali the States After ampfca
ton OF this proposition and without argument the
arrives at the statement Of the question before him.
and he it in thesewords Tne question present
ed therefore clearly upon The constitutionaly and pro
ETY. Of the federal assuming to enter into
ovel and vast field Of legislation namely that OF provd
ing for he care and support o. all those among tho people
OF the United States who by form Of calamity become
t objects of public You need only place
this statement of the case by the side of the Presidents
statement Of the provisions of the BILL to enable
You to see that it il fagrantly and unjust
questioned conformity with the Constitution exercise
powers in the States, which concurrent with
similar powers enjoyed by the States themselves Thus
Congress establishes here and there throughout the
staes hospitals for sick and disabled seamen Is that
equivalent to assuming the support and of all the
poor land well as sea, belonging to the States
Compress establishes lighthouses and constructs harbor
of refuge within the States and provides regulations
for the construction and Of steamboats, on
navgable waters within the States Is that equivalent
10 usurpaon of entire control over commerce and nav
CATION within the Statesy Congress distributes seeds
and treatises agriculture Is that equivalent to
usurpation of jurisdiction over agriculture throughout
the Sa'es Congress discrimnates by bounties, draw
backs and duties, to favor agriculture, the
fisheries and manufactures. Is that equivalent to
an assumption Of supreme and exclusive power
over all those great national interests Con-
gress prescribes regulations for the militia, and fur
nishes 10 the States arms, ammunition and ordnance
for the equipment and exercise of the militia Is that
equivalent usurpaon of the entire support control
direction of the armed police Of the States? call
your attention next sir to the fact that this message
presents unfairly the relative structures and
not to prone to forget that the federal Union
is the creature of the States and not they OF the federal
Union and again he says that the independent and
yeregn States united themselves for certain specified
objects and purposes and for these only thereby imply
ing that the still entirely sovereign, while the
federal government is confederation, and not
equally sovereign within its sphere Now, one ever
thought that the States were creatures Of the federal
Union, but it is equally true in my judgment that the
federal Union is not the creature of the States Both
States connected WITH and yet Independent of each other
several State governments by the people of the States
respectively and the federal Union by the people Of all
the States Each is shorn of of the attributes
of sovereignty and each is supreme within its sphere.
more the message is unfair, in drawing into the
discussion and discussing whether power to pass the
bill be derived from the eighth section Of the const
tuition which gives Congress the authority to lay and
collect taxes duties imports and exciscs, to pay the
debts and provide for the defence and welfare
of the United States. No member of Congress has ad
vocated that principle since this bill naugurated
half dozen years ago The principle is obsolete It ever
mad been advocated No statesman has advocated ii In
out Of Congress for period of forty years. WHILE there
FORE the Presidents exposition that subject may
TO raise preudices against the bill II is quite certain that
they foreign from consideration of its merits If 1t
shall seem to you Mr. President that the criticisms
hole II will be sufficient defence to say that those cri-
tcss dispose of two thirds OF the entire message of the
President and leave only two or three points in the
whole TO be examined. In the manner have de-
scr ed the President reaches at last the principal
top viz whether Congress has tho power to pass this
bull BY virtue of the third section of The fourth article
of the constitution, which Is as follows-"Congress
| shall have the power TO dispose Of and mako all
needful rules and regulations respecting the territory
other property belonging to the United States and
nothing in this constitution shall be 50 Construct as te
prejudice any claims Of the Unfed states Of any par
ii ular Ssten The President denies that this section
contains the power claimed by Congress Now II Is ap-
parent first, that the land appropriated by the bill is
States and secondly, that the term to dispose of in
cludes any way and every way by which Congress can
dy the United States of those lands whether by sales
to States individuals by gifts to States indvi-
duas The bill apportons and besows the lands among
and upon the States, and is therefore constitutional un-
less it can be shown that the absolute power contained
in that section is limited ty some other provisions Of
the constitution which inhbits the proposed disposal of
them The President says there Is such inhibition,
and he finds 1t in the last clause Of the section coated
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