The miners' express. (Dubuque, Iowa) 1849-1854, 1854-05-17
THE MESSAGE.
CONCLUDED

VbEo0A
CONCLUDED
President Madison, in the Federalyt says: !.
1.-THE powers delegated by the proposal consti. .
tuition TO the federal government are few and
defined. Those which are to remain in the
State governments are numerous and indefinite. |
"Its'' (the general government's) 'jurisdiction
extends to certain enumerated objects only, and
leaves TO the several States a residuary and
inviolable sovereignty over all other objects"
In the same spirit, President Jefferson invokes
"the support ofthe State governments in all
their rights as the most competent administra-
tions for our domestic concerns, and the surest
bulwark against anti-republican tendencies; and
President Jackson said that our true strength and
wisdom are not prompted by invaslons of the
rights and powers of the several States. bat tina
on the contrary, they consist "no' in binding
the States more closely TO the CENTRE but in
leaving each more unobs,ructed in its proper
orbit
The trainers ofthe constitution in refusing to
confer on the federal government any iurlsdic-
ton over these purely local objects, in my Judge
] ment manifested a wise forecast and broad com
prehension OF the true interests of these objects
themselves. 1t is clear that public charities
within the States can be efficiently administered
only by their authority. TIL, bill before
comedies this, for it does not commit tne funds
| it provides to the administration of any other
authority.
cannot but repeat what have before ex-
pressed, that if the several States many of
which have already laid the foundation of mu-
nificent establishment, Of local bene fcence, and
nearly all Of which proceeding to establish
them, shall be led to suppose, as they will BIZ
! should this bill become a law, that Congress is
to make provision for such objects, the fountains
of charity will be dried up at home, and the
several States, instead Of bestowIng their own
means on the social wants Of their own
people, may themselves, through the strong
l. mptation, which appeals to States as to indivi.
duals, become humble suppliants for the bounty
of the federal government, reversing their true
relation to this Union.
| Having stated my views Of the limitation Of
the powers conferred Ivy the eight section Of the
first article Of the constitution, deem it proper
t. call attention to the third section of the fourth
article and to the provisions of the six tn article;
bearing directly upon the question under con-
sideration; which, instead OF aiding the claim TO
power exercised in this case, tend it is believed,
strongly to illustrate ard explain positions which
even without such support, cannot regard as
questionable.
| constitution is in the following terms: "The
Congress shall have power to dispose of, and
make all needfuI rules and regulations respect
ing, the territory or other property belonging 10
the United States; and nothing in this cons,itu-
ton shall be so construed to prejudice any
claim of the United States, or Of any particular
State" The sixth article is follows, to w.t.
that "All debts contracted and engagements en-.
| tered into, before the adoption or this constu-
ton, shall be as valid against the United States
under this constitution under the confedera-
| ton"
For correct understanding of the terms used
in the third section of the fourth article, above
quoted, reference should be had to the history of
the times in which the constitution was formed
and adopted. 1t was decided upon in conven-
ton on the 18th September, 1857, and by ii
/ Congress was empowered to "dispose off, &c,
the territory or other property then belonging
| to the United States was that then recently
coded by the several States, TO wit; by New
York in 1871, by Virginia in 1884, by MassSsa
chusetis in 1855, and by South Carolina in Au
gust 1857, only the month before the formation
ofthe constitution. The cession from Virginia
contained the following provisions.
| "That all the lands within the territory
! ceded to the United States; and not reserved for
or appropriated to any Of the before mentioned
purposes, or disposed of in bounties to the off
GERS and soldiers ofthe American army, shall be
considered a common fund for the use and bene-
fit Of such of the United States as have become
or shall become members Of the confederation
OF IcOcTdi dItldHCe OF tue 6alu SIdIeS,
included, according to their usual respective
proportions, in the general charge and expen-
diture, and shall be faithfully and bona fide
disposed ef for that purpose, and for no other
or purpose whatsoever
Here the object for which these lands are to
be disposed Of is clearly set forth, and the
power to dispose of them, granted by the third
section of the fourth article of the constitution
clearly contempates such disposition only, If
such be the fact, and in my mind there can be
no doubt Of it, then you have again not only no
implication in favor of the contemplated grant,
but the strongest authority against it.
furthermore, this bill is in violation ofihe faith
of the government, pledged IN the act of Janua-
| ry %, 1S47. The nineteenth section of that
! act declares, "That, for the payment of the
stock which may be created under he provisions
ofthis act, the sales of the pu' lie lands
hereby pledged; and it is hereby made the duty
Of the Secretary of the Treasury to and
apply all moneys which may be received into
the treasury for the sales Of the public lands
after the first day Of January, lS4S first to pay
the interest all stocks issued by virtue of this
act; and, secondly, 20 use the balance Of said
receipts. after paying the interest aforesaid, in
The purchase of SAID stocks at their market value,
| &c The debts then contracted have not been
iiq lidated, and the language of this section and
| the obligations of the United States under it, are
too plan to need comment.
l lave been unable to discover any distinction,
on constitutional grounds, or grounds Of expe-
diency, between an appropriation of ten millions
Ut dollars directly from the money in the
| treasury, for the object contemplated, and the
appropriation oflands presented for my sanction
And yet, canno, doubt that if the bill proposed
ten millions of dollars from the treasury Of the
United States for the support Of INDECENT insane
IN the several States. The constitutional question
| involved in the act would have attracted forcI-
bly, the attention of Congress.
respectfully submit that, in constitutional
poin, of view, it is wholly immateral whether
the approximation be in mcHey or land
The public domain is the common property
of the Union just as much as the surplus
! proceeds of that, and of duties on imports
| remaining unexpended in the treasury. As such
| it has been pledged, is now pledged, and may
| need to be so pledged again for public indebted
ness.
As property, it is distinguished from actual
money chiefly in this respect that its profitable
management sometimes requires that portions of
it be appropriated TO local objects, in the states
wherein it may happen to lie, as would be
| done by any prudent proprietor to enhance the
| sale value OF his private domain. All such
grants Of land are, in fact, disposal Of it for
value received; but they afford no precedent or
SoASututioHoI ACoooH iOI away puUIC
lands. Still less do they give sanction to appro-
priations for objects which have not been intrus-
ted to the fed. raj government, and therefore be-
| long exclusively to the States.
To assume that the public lands are applicable
| to ordinary State objects, whether of public
structures, police, charity, or expenses of State
| Administration, would be to disregard, TO the
amount of the value of public lands, all the
limitations of the constitution, and confound, to
that extent, all distinctions between the rights
| and powers OF the States, and those Of the Unit
ed States; for it the pubic lands may be applied
to the support of the poor, whether sane or IN
| sane, if the disposal of them and their proceeds
| be not subject to the ordinary limitation, then
Congress possesses unqualified power to provide
for expenditures in the States by means of the
public lands, even TO the degree of defraying
| the salaries Of governors, judges, and all other
expenses Of the government, and internal ad.
ministraton within the several States The
conclusion from the general survey of the
whole subject is, to my mind, irresistible, and
| closes the question, both Of right and Of expe-
don fnr ID tbo e al