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


OF the constitution because he conceves the question Of
power under that clause have been well wisely
tied lie thinks Congress has the power lay and coli
lect taxes duties mposs and excisess order 10 pas
the debts and IN ordr to provide for the de-
fence and WELFARE In all this quite concur
with himi but as one to my knowledge, claimed
authority under this clause of the constitution pass this
bill and the Presidents remarks this point do aot
seem 70 me 10 meet the argument presented by the
friends q the bi do not clearly perceive the purpose for
cannot bat think the President gives riaer range
his fears than the facts warrant wheu ne says;
.f fhe several staesmany o. which have already Mid
the foundaons of unioen establishments local beneh-
cenee and nearly all Of which proceeding establish
hemsha 6e led 10 suppose they viii be should this bill
Objects the charity viii 3 dsa sp al 81 ho%
and tine several States instead Of besowng their
through the % own . sl.
TO become humble suppiiants for the boauy
the federal government reversing their relation this
Union'
have better opinion Of the States than Is here ndica
charity are
not more likely 70 be dried up BY grants Of land for the
benefit OF the insane than s their passion for learning
to be exngushed by similar grants for school purposes
is State likely to become San humble suppan
for the bounty OF this government when she receives
small quantity Of land for the relief of suffering humanity
than she is when she receives larger quantity for internal
improvements and other purposes We have that grants
OF land for school purposes have not dred up the passion
for learning the States but has stimulated caused
it to flow in seader and boIder stream and though
tables literally groan under memorials from State legis-
lures praying for lands in aid of their several railroads and
other local projects have accustomed ourselves think
it all right and the States have remained in bssfu isno
of the fact that they becoming lumbe sup
| liants for the bounty of the federal government"
Passing from this part of the message,
TO the Presidents comments the third section of
article OF the constitution Ii from this section that
derive authority TO pass this bi The Congress shall
have power dispose 9 and make all needtu rules and
uaons respecting the territory other property belonging
to the United States Such the language of the instr-
nent and II its limited by some other Ian
guage in the same instrument It TO there be
doubt that may the land for the benefit
the insane TIE President has to the sixth article
of the constitution to wit that all debts contracted
engagements entered into before the adoption of this
sution, shall be valid against the United States under
this constitution under the confederation This article
he thinks limits the might otherwise have unde
| the third section Of the fourth article
Now sir this power dispose OF the public lands Is
clear distinct separate and substantive grant of power
not dependent anything else and the incident Of
any other grant The sixth section Of the constitution
my opinion, imposes no limitation the grant. The
contracts aud engagements entered into before the ao
ton Of the constitution and which declared be
as binding the United States the confederation
referred not the deeds Of from Virginia Massa-
chusets New York and North Carolina but other and
very different contracts and obligations They refer
especially to the contracts and obligations entered into
by the Continental Congress for the support of the army
OF independence and the structure OF government
undergoing change il 60 impose on the new
constitutional government the debts engage
ment of the old continental government Something Of
this Kind necessary e the creditors Of the gov
ernent against loss and to give the world
! that the pubeaflith should be preserved.
i do yself the limitation which the sixth see
ton imposes the third section Of The constitution But
the President does He does It Is true say in terms
that Of these sections limits the other But he
duces arguments to it. by asserting, in substance
that the contracts and engagements referred in the
sixth section Of the constitution had special reference
the deed Of cesson from Virginia and other States to the
United States, and the obligations therein imposed, and
that strict observance Of these obligations
with the idea OF disposng OF the lands by gift might
perhaps successfully protest against being required
strue the constitution nv an instrument which though
not If t;4,,.i,
and is necessary connected with it, The constitution
ought be construed interpreted and administered by
what il written is face and where the writing admits
OF one and only clear and distinct Interpretation that
Interpretation ought not to be destroyed nuhed by
/ resort 10 extraneous matter
But want to meet the question fully and fairly and in
every Of It's presentations and therefore admit for
the sake OF the argument that the President may be right
The deeds from all the States believe substantially
i the The President Introduces the from Vr-
gnia and for the presume that the point
made By him fully than any Of the Others. II was
executed in 1884 and its material part is follows
That all the lands within the territory of the United
States and not reserved for appropriated any the
aforementioned purposes disposed Of to the
officers and soldiers Of the American army shall be consider
ed find for ne and benefit n such n ne United
sres hare aa become sesbers ofe oos5er-
federal alliance o tEe sad ates Firgaia iseiaded
according their usual respective proportions the
raj charge and expenditure and shah be faithfully and
ds doed n for that purpose, and for other pur-
pose wbatsoeFer."
4 The President as understand him. takes the ground
that the puaons OF this deed part and parcel Of the
contracts and engagements alluded in the sixth sec
ZION Of e constitution, and that the attempt give ten
millions of acres Of land The INDECENT insane being in vo-
aton Of these stpuations consequently in violation
the sixth section Of the constitution and therefore void
think this proper conception OF the Presidents position
\ know that have meant 70 state Il fairly.
Now sir suppose that this deed was actually part Of
the constitution that instead of having the power dis
pose Of the lands without limitation. think We have
under the constitution had only the power to them
common n4 for The Gad bcaeff of such OF the States
as belong 70 the Union Virginia included could We not
then pass this bin DO propose to employ this
common fund otherwise than for the and benefit OF all
the Sates2 The lands spoken Of ~ common fund In
the deed These lands funds 10 the amount of
ten millions Of acres propose divide among the
era States in compound ratio of geographical arra and
representation in the House Of Representatives Now II
them, ~ not the FOR the benefit Of nli the
States Of the Union, Virginia ncuded7 Mark ron the
language of the deed s that the land shall he considered
fund for The and benefit Of an the States
When you take part Tor the Of schools in few States
another part for the o railroads ia other States and
another part for the Of swamp drainage ia other States
you huve done time and time again are von emnlovinf
or what benefit school IN Mississippi 10
the State OF New York And how IL Massachusetts Bene
hted by draining swamp ia Arkansas II there be A
resulting and benefit 10 the old States in giving lands
% the new States, how mach apparent win this use
and benefit become If you give the lands directly 10 the
| old States themselves.
To my mind this s the first land bin ever brought for
ward in the true spirit Of che deed Of cesson RI he rs
bin that proposed divide the land among the state.
The bi say the least mbodies an equitable principe
i awards fund among the parties in interest
fnd says in plain TO the old States aud 70 The new
chat which hold for the and benefit OF each and