Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-07-02

rom the honoraDle senator from michigan on this
point. i think II Il within The letter, within the
clear terms, and certainly within the meaning of
The Constitution, that Congress should have the
power, under this clause, 10 dispose of the money
of the United States, and think this clause is
subject 10 the same restrictions which is 10 be
found in The revenue clause, by virtue of the de-
claration contained in the preamble TO the Constr
luton. tt WI
This class of proper, IL you look not only to
the present, but also 10 the future, 10 the thou
sands OF millions that are 10 go throgh the treas.
ury, is by far the largest item OF property which
comes under the provisions of this clause.
| Now, before leave this point, allow me- in reply
| 10 the honorable Senator from Tennessee, Mr..
BELL, 10 put this Suppose, under this clause,
| Congress should grant 10 trustees the custom
houses in New York and New Orleans, 10 be sold
by the trustees, and the money arising from the
| sale 10 be appropriated by those trustees 10 the
support OF the poor, Of the INDECENT insane in
the several States, or 10 support the State govern
ments l will say there is not court in this
country, from the lowest up 10 the highest, that
would not, without any hesitation, pronounce the
| grant 10 be utterly unconstitutional and void as
excee ding the power Of this government. How
II may apply 10 particular cases, shall not under
take 10 say.
Mr.. BELL / wish the honorable Senator 10
understand that, if had remembered that grant
had been made 10 Connecticut, should not have
asked him the question which did ask.
Mr.. TOUCEY. i thought that, as the insttu-
question might be asked with some view to en-
barrass me.
Mr.. BELL. | had no such thought, assure
the Senator
Mr.. TOUCEY. am willing TO avow my SEN
timents here publicly on every question which
comes before us. say, sir, that over all this
property belonging TO the United States, of every
KIND and description, comprehended in these three
classes, and equally over every part Of il, by this
clause oil the Constitution, Is this same identical
/ tai G.n ~.
| regulate il. What you can do with one, you can
do with the other. IL you can give way the one,
you can give way the other. II you can sell the
lands, aud give away the proceeds, you can sell
the shps-of-war, and give away the proceeds.
lfyou can appropriate the one 10 Stale purposes,
you can appropriate the other to State purposes,
also. There is no escape from the conclusion,
unless the same words, in the same place, in the
same connexon, can be supposed, at the same
time, TO bear two meanings, the one contradictory
TO the other, in order TO relieve from our con-
stituiional embarrassments.
The honorable senator from North Carolina
Mr.. BADGERl says the United States hold the
public lands in absolute dominion. Then they
held the other public property in absolute domin-
ion, for they hold both by the right and title
and IN the same capacity; and they have the same
power over both; for it is granted by the same
clause in the same identical words. And at this
late day think no one will be bold enough TO
maintain unlimited power in Congress over the
States, except the public lands, which seem TO be
regarded by some as outside of the Constitution
and not falling within its protection, while they
look TO The Constitution for all power over them
The lands, the ships, the moneys of the United
States, are all held by them in their federatite
character. The public property belonging to them
must be held by them in that capacity, if held at
all for it is acquired by the execution of federal
powers for federal purposes. 1t is not held by
them in their capacity as separate States for ifit
pa xxynn hnl III
mon, and each State could dispose of its interest
for It's own separate purposes, without the consent
of the Others But il is held by the United States,
in their federative character, solely for the con-
stiutlonai purposes OF the government. re-
publican government is but an agency. It's Con-
stitutlon is its power of attorney. The federal
government is but the agent of the confederated
States. Its powers are strictly fduciary. Its pro-
perry IS hedlntrust-not in absolute dominion but
in trust for the objects of the agency.' That the
agent should be the owner in absolute dominion
ofthe property of his principal, put into his hands
IN trust Tor the purposes Of his agency, when the
the objects OF his appointment expressly de-
cared, and the extent of his powers clearly de-
lined, Is proposition in itself very difficult 10 be
comprehended. have no very precise idea of
absolute dominion meant TO be expressed when il
is said that the agent is the of the property
OF his principal that the trustee is the owner Of
the property Of his ceStut gne trust ; or that one
man is the owner in absolute dominion of the
property Of another.
The public property of every descriptions drawn
from the people by the federal power OF taxation,
sequestered, and set apart, and devoted by the
Constitution TO the execution of its granted pow
ers, cannot be carried back 10 the States with
out reversing the constitutional action of the gov
ernment; for which no provision has been made
lfthere be superhuous property no longer wanted
the only remedy under the Constitution is, 10 cut
of the taxes, TO relieve the people, 10 shut off
from the treasury the inaowing tide and then the
surplus in every form will no longer be trouble
some, but will soon be needed for the objects for
which it was originally designed.
The present land system has been long estab
lished. II has been carefully matured Ii ought
not 10 be lightly broken up. BY il the public lands
are sold and the proceeds paid into the treasury
for the support Of government. The ten millions
OF acres proposed to be distracted by the bill
would soon become ten millions Of dollars in the
treasury. The vacuum created must be filled IN
some other way, and thar way is by new levy
OF ten millions Of taxes. The money will be had
and we all know whence il comes, whether il be
raised by direct taxes, CT. by duties. However
subtle the process, the people have intelligence
enough 10 know that the money is paid by them,
as really and as truly as if paid upon the demand
OF collector under the authority of tax warrant
So that, disguise il as you may, this bill, in truth
and In fact, proposes in substance and effect 10
take ten millions from the treasury, and repace il
by a tax upon the people.
These are my views. The question is not a |
new one. Ii has been here before Ii was here |
in the form of a grand scheme for distribution |
of the proceeds of the public lands among the |
States, on the authority Of this same clause, and
il was pressed with all the power Of great and |
triumphant party, flushed with victory but the /
judgement of the country was against il. II was |
here again in the form Of grand scheme for reg
ulating the public lands bya Wilmot proviso,
based upon this same clause, and the same broad |
construction oft, and il was pressed with all the |
zeal OF religious and political fanaticsm; but the
judgment the country was against il. II comes |
now again IN the assumed form Of gentle charity
and persuasive humanityj but strip Il Of its dis.
guises, and il is bold proposition 10 hreak down
the barriers which the Constitution has erected
against the encroachments OF power and il re.
quires no prophet to predict what will again be
the judgment Of an enlightened people with regard
to il.