The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-24
CON R E SSI0NAL.
SPEECH OF HON. @. c. CLAY, JR.,


gent insane; delivered in the Senate June 20, 1854
Mr. CLAY said:
Mr. President venture with proper dithdenee TO ex-
press my views upon grave constitutional question: whch
has elected the thorough and elaborate discussion OF sena
o nc Greater age and experience and of distinguished
ability do so rather with the desire to justify my vote
10 my constituents than from any expectation OF adding 10
the force of the arguments already adduced against TINS DILL
The refusal of the President sign it. and its return to the
Senate with his objections magnies its Importance IN inc
public mind and exees universal inquiry as to It's merits
This together with the fact that OF my colleagues IN
the House of Representatives belonging 10 the democratic
party supported the bil (which has been adyered to in
the Senae urges to explain the grounds Of my oppo-
sition
Besides Alabama is al this time, perhaps more deeply
interested than any other State in the subjecmaer Of the
donation and objects Of the bounty contemplated in the
hill few years since her legislature moved by the elo
oueut and touching appeals of the lady who is regarded
paoness Of this measure made provision for the erection
of an insane asylum The fund provided proved INSULT
cient TO complete the necessary buildings which still
main unfinished and unprepared to receive patients To-
discharge heavy foreign and domestic debt the people of
Alabama have been for many years and are STILL enduring
onerous taxes with noble patriotism and public virtue
and are Ill able to contribute more towards the completion
of work commenced under circumstances that would have
excused them from embarking in any costly enterprise,
however humane and praseworhy. An erroneous inn
preston has prevailed that the aid afforded by the passage
Of this bill might suffice to complete that work. when in
fact the principal Of the fund cannot be appropriated
diminished and the interest accordng to my inter
pretaOn of the billy could not be applied to the erection
OF the asylum Hence its progress has doubt been
garded with more than ordinary anxiety by many Of my
constituents whose sympathes have been deeply enlisted
in behalf Of scheme for ameoratng the condition of
that most unfortunate and pabe of all classes of men,
Who heoft Of reason sit in moral darkness more appalling
than death
Again the disposition Of the public lands is of all SUBJ
ecs Of federal legislation most interesting 10 Alabama
Near hah all the land within her limits is still waste
and unappropiaed and will probably remain so for many
years unless there Is change of governmental policy
Inaccessible and from market sterile and unfit for
cultivation the lands desirable only for timber sup
posed mineral wealth. and will not in my opinion be set
tied during this century unless greatly reduced in price
enhanced in value by their intersection with railroads
to the Gulf of Mexico the Atlantic seaboard Any pol
icy which would dvet the federal government of title to
those lands subject them to the laws of the State and
der hen they should be- tributary her support and
advancement would be regarded with favorable consdera
lion by her people, if consistent with her constitutional
rights 4 proposition to grant those lands or any large
portion Of them TO the State is perhaps the most enteing
that could be offered
After mature consideration of all these suggestions of APP
parent State interest and ophanthropy was with sincere
regret that found myself constrained 10 vote against the
bill Yet trust and believe that few, if any of those
suents with whom have acted in political association
desire or expect me to vote for it. my seat here to
my uniform maintenance of strict construction OF the
constitution and unfaering opposition to every encroaeh
men on the rights assumption of the duties Of the
States by the general government In with the DEM
ocrac party OF Alabama have been opposed to dis
ubuion Of the proceeds of the public lands among the
States; and can discover difference in principle cf
feel between distributing the land and distributing the
itude in my opinion, between this and the distribution
scheme Of l542 are that that gave uncondiuonaly
upon condition that did notths doesprescrbe the
in which the fund distributed is to be used that treat
ed the States free and independent coordinate powers
this treats them subordinate and dependent agencies
that was bold and shameless tribute 70 avariceths
ostensble offering charity that appealed TO the baser
this to the nobler passions Of humanity. regard this
more dangerous than that because insdious; il in
yok in support of bad principle the best feelings Of the
heart regard more Objectionable than that because il
tho mot off 1nral
bounty, but as creatures Of federal will.
The bill under consideration proposes to distribute ten
millions Of acres ofpubc lands among the States ofwhch
ono hundred thousand FIRST granted each and the
remainder to be distributed upon the compound ratio Of
geographical area and representation in the House Of Rep
resentaves those States in which there public lands
subject TO sale at one dollar and quarter per to
I've confined TO them in selecting their proportion land
scrip to be issued TO those States in which there
public lands TO the amount Of their shares which shall
be entered by them but shall be sold at not less than
dollar per acre and subject 20 entry by their assgnees
each State is 20 pay all the expenses attending the
agement Of is share OF granted land out Of its
u the gross proceeds Of the sales Of such lands scrip
are 70 be invested in safe stocks the principal OF which
shall be diminished and the interest appropriated
the maintenance Of the INDECENT insane within the several
States the States to account annually to the Secretary
Of the Interior for All lands or scrip sold and the fund il
to be applied only TO the treatment of those insane who
are placed in certain prescribed institutions managed after
certain prescribed forms
am opposed 10 the b because regard Il both uncon-
sIiadoua and neypedlent All its advocates derive the
power 10 pas Il from and the same clause Of the con
ituton found IN the third section and fourth article
follows:
The Congress shall have power dispose of and make
all needfu rules and regulations respecting the territory
other property belonging 70 the United States and nothing
m this constitution shall be construed prejudice
claims Of the United States or Of any particular State"
This they say confers Congress power dispose Of
'he public land In any manner not prohibited by the
pres, terms Of the constitution only for purposes
Ame bpi Tor Others not named Ia that instrument In
other words they claim for Congress All the rights of an
absolute owner tenant in fee-smpe who may do any
ng WIN bis land not positively forbidden by the laws Of
hs country And they make this claim by virtue Of the
Term dot 9 which they interpret according to the def
mon o. excographer TO to sell to give TO APP
ply TO any purpose, or employ for any end
may be safely conceded that the term dspose Of is
sometimes used In each Of those senses without admitting
that Il s used 10 express all of them IN the
i would lie most Illogical 10 conclude from the dcs nitions
y word given In dictionaries that Il is intended III CON-
yy each and every sgnhcaton when and wherever used
Such conclusion would be most iaacious IN renrd IN
TINS very word dispose Indeed the primary and radical
meaning Of the word dispose Is TO put place
not to give to sell It's primary sense has been doeectcd
ana ramhed into the yarops and opposing Of To
give ana 70 sell by usage Hence its meaning Il 10 he d
aoced from the circumstances under which il Il used ana
the context of the sentence where found When we say
father has disposed Of his do mean that lac ha,
sold or given him away. When speak Of the power o
40 absoe 10 dispose Of hs property we are nm
orsopa 70 neaa that he may give or sell Il apply II Il
any purpose employ Il for any end But we never in
tend TO impute such absolute power or uuresrincd dis
creion to trustee or agent when speak Of the powe
q the one to dispose Of the property Of his principal
oi the other TO dispose Of the property Of his ccs gr
trnst II an Alabama planter should send crop of cotton
actor or other person IN Mobile or New Orleans with
ageneal direction TO dispose Of IT, he would scarcely as
y eIne INC r,ght to give Il away II company in New
iUrf, owning large body Of wild land in Mississippi
should appoint agent hee and confer on him by fba
scaled instrument power 10 dispose Of II not defnnq foI