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

authorities Humanity might be excused TO interfere Ia
save wretched victims from local neglect there no pre-
for this Then say there is less occasion for such
bill than for any other But if in the Of bene
Violence you make this appropratonfor all the States
so you can, in the name OF benevoence make such
appropriation, has been made to one or two OF
three States, to the exclusion of all the rest and as
said, under the power caprice itself would not
impose any limitation You might make an appropria-
ton of the public lands to promote the fine arts painting
and poetry Yes sir, you might appropriate FIVE mil
lions Of Of the public lands tothe person who would
write the best poem who would paint the finest pic
ture who would present the finest statue or the finest
group of statues representing historical event
There is nothing prevent your doing so if you have
this general exclusives and unlimited power under the
Constitution.
again say If Congress- absolute owner, without
limitation and without qualification has this power then
know of check. There is none Having given this
statement Of the views in opposition is fair now for me
to give my views in contradstinction them In doing
So might well desire to acquit myself of my duty as
representative by following the example Of the Chief Ma
gsrate who has exhibited in his views only the tenn
per Of justice and impartiay, but has given them with
and with marks Of elaboration that entte them
to the weight of high authority He has not resorted to
subtle distinctions in maintaining the Obvious principles
the Federal Constitution II he has marked out the
be pursued in all cases. be has shown that all safe
lines will be obliterated by this bill So far regards
the means to from the public lands the Congress-
by this precedent may become the guardian
and visitor of all the local charities Of the States for
Congress can make the endowment it assume the
authority to that its trust has been faithfully admin
stered 1t becomes vsiter in the States to see that
they do their duty Of the Federal dis
penser, &c. Fg8
have before stated that regard the public lands as
SO much available assets to go into the public Treasury
and when in the public Treasury be subject to the
limitations and trusts other moneys in the Treasury
seems to me to be very refined distinction to attempt
to draw line of demarkation between them. Now sir
look at it. Here the Louisiana lands the lands Of
Utah and New Mexico; how were they ACQUIRED? Thew
were acquired by money. Before that money was con-
verified into lands what its condition.? VIII the hon.
orabe Senator from North Carolina tell me Before that
money which was raised by customs and by the other re-
sources of the Federal Government was converted into
lands under the treaty with Mexico was not that money
when in the Treasury, subjected either to the positive
expressed or the conditions implied in the Fee
deral Constitution? Sir it money it is land and
tomorrow you may sell the very same land and convert
1t into money and the moment you convert the andi
money you restore to the condition in which
originally before it was converted into land Yet in this
transition state, while it is land it is said Congress has
different power over it from what had when it was
money before it used buy the land or was sold and
became money again. How this be? Are the great
principles Of the Constitution which were intended to
maintain equal rights and to keep up something like the
administration OF equal justice throughout the United
States, to be ftered down by refinement Of this
kind that when the funds were money they subject
to the trusts and limitations of tho Constitution and when
that money is converted into land it assumes different
character and when it is again converted into money
srestored to its original character Why sir this looks
tome as were resortng to refinement for the
purpose of defeating the obvious nendment and the con-
servative principles of the Constitution.
Now, sir as well as characterize it by simple il
lustraton, the idea is that the money in the Treasury
belongs to the people Of the United States in their Federal
and aggregate capacities to be administered disposed
OF by responsible trustee under the Constitution itself
whilst the land is to be regarded prvy purse in the
pocket Of Congress, to be disposed Of without any ac-
counaby whatever except that you ought abuse
general power, to make it offensive to the moral
sense OF the community The money you must use ac-
cordng to the provisions of the instrument under which
you your trust but with regard to the land
IS not ct all subject to any such limitation or restric
ton It is mere prvy purse in the pocket Of Congress-
to be given to Miss Dix for such benevolent as
she suggest oro that person. to this person and
any one may take the public lands provided he viii in
Why that 2s funds which s so
quired by the general contribution of all the people
United States for common Objects objects which have
been specified in the Constitution are to be diverted from
those general objects thus specified and appropriated to
partial objects for disguise from myself the fact
that the precedent of to-day is the prescription of to-
morrow; and if this bill, giving ten millions of dollars to
the different States in the proportion provided for passes
tomorrow you may pass bill to appropriate lands for
the payment of State judges and members of the State
Legislatures provided you profess to make it equal You
not bound to make it equal you may make unequal
under this arbitrary power under this despot ursdic
ton over the public lands Within the extent of the u-
rsdicon you not limited by any notions of equality
As you to be fducary proprietor to SUI
perintend and dispose of the lands as trustee or an
agent, know Of no limit except what have said not
even discretion good faith for the you speak
OF discretion and good faith you necessarily imply that
you bear relations to others which you are required to
discharge according to their interests your duties
and you must have duties your part consult well
interest in theirs.
Well, sir may be asked to what limitation will SUBJ
ec the public lands? have no hesitation in giving an
answer. / know mine may be regarded as vulnerable
positions but my ground is that the public lands they
originally ceded to the United States by Virginia.
North Carolina Georgia. South Carolina, New York. and
coded under deeds trust and were
coded for the which the PRESIDENT his has
very well expressed and which will read for gives
the clue the true character in which they are held now
by the Congress Of the United States The President
says:
"The third section Of the fourth article of the Constitution
is in the following terms:
The Congress shall power dispose of and make
all needful rules and regulations respecting the territory
other property belonging to the United States and nothing
this Cons uon shall be construed prejudice any
claim of the United States or Of any particular State
"The sixth article is as follows to wit:
before the adoption of this Constitution shall be valid
against the United States under this Constitution under
the Confederation.
"For understanding Of the used in the third
section Of the fourth article above quoted reference should
be had to the history times in which the Constitution
the 18th September 1887 and by Congress empow
cred dispose Of &C. the territory other property
longing to the United States The only territory then be-
longing the United States then recently ceded by
in 1884 by Massachusetts, in 1885, and by South Carolina in
August 1857 only the month before the formation the
Constitution The ceson from Virginia contained the fol-
lowing provision: