Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1854-03-27
APPENDIX.

add an extract from the speech of the
late Judge Woodbury., of New Hampshire,
delivered in the United States Senate, Feb
ruary %, 1880, on the subject of the dispo-
sition of the public lands, which is worthy
Of attention
Pubic LANDS, SENATE, Feb. %, 1880.
Mn. WOODBURY.. Not examining the
particular kind Of sales the government
can make for the common benefit such as
grants to the new States for such schools,
receiving virtual compensation therefor, by
having the rest of the land freed from tax
alton, l merely lay down what suppose
to be the general principle.
On that principle, no reasoning has been
offered which convinces me that lands can
be legally appropriated to any object for
which we might not legally appropriate
money. The lands are as much the prop
erty Of the Union as its money in the treas
nry. The cessions and purchases of them
were as mnch for the benefit of all as the
collection of the money. The Con-
stitutiOn, as well as common sense, seems
to be to recognise no difference and iftle
money can only BE- appropriated to speci-
fled objects. il follows that the land can on
~ be SO appropriated. Within those spec
flied objects, have ever been, and ever
shall be, as readj to give lands or money
to the west as to the east, but beyon them
never have been ready to give either to
either. Towards certain enumerated OBJ
Jects Congress have authority to devote the
common funds, the land, or the money, be-
: cause those objects were supposed to be
better managed under their control than
.under that Of the State but the care Of the
. ether objects is reserved to the States
( themselves, and can only be promoted by
Z the common funds, in a return or division
Of these funds to proprietors, to be rxpen-
ded as they may deem judicious.
The whole debate on these points goes
10 satisfy my mind of the correctness Of
construction of the Constitution which
holds no grants of money or lands valid,
unless to advance some Of the enumerated
objects entrusted to Congress. When we
once depart from that great landmark on
the appropriation of lands or money, and
wander to indefinite notions of common
good" or of the general welfare" we
are, in my opinion, at sea without COM
pass or rudder; and in government of ac-
knowledged limitations we put every
thing at the caprice Of a fluctuating MAJOR
ity here, pronouncing that to be for the
general welfare to-day which Tomorrow
may be denounced as a general curse
Were the government not limited, this
broad discretion would, Of course, be neces-
sary and right But here every grant of
power IS defined. Many powers not ced-
ed to the general government are express
ly withheld to the States and people; and
right is, in my opinion, given to promote
the general welfare by granting money
or lands, but in the exercise of specific
powers not granted. and in the modes pre-
scribed BY the Constitution.
In fine, If the government, Oh the prin-
ciples OF strict construction of the Constitu-
ton, cannot be prosperously administered,
itrequires no spirit Of prophecy to forssee
that. in few brief years, in new crisis
approaching, and before indicated, it must,
as confederation. probably cease to be
administered at all. 1t will, in my Judge
ment, become a government OF usnrped, a.
farming, underlined powers; and the sacred
rights Of the States will become oyeysl,ad.
owed in total eclipse. When that caas-
trophe more nearly approaches, upless the
great parties to the government shall arouse
and in soms way interfere and rescue il