The spirit of democracy. [volume] (Woodsfield, Ohio) 1844-1994, 1854-05-17

the Constitution. clearly ccaiempla,es such
disposition only. ID such he the fact, and
N my mind there cxn be no doubt of it,
then you have again, not only no implica-
tion in favor OF the contemplated grant,
but the strongest authority agains, it.
Furthermore, this bill is in violation Of
the faith Of the Government, pledged in
the act OF January ga, l847. The nine.
,senth section OF this article Declares
''rhat. for the payment OF the stock which
may be created under the provisions OF
this act. the sales OF the public lands are
hereby plelgad; and it is hereby made the
duty OF A,e Secretary of the Treasury to
'-use and'apply ali moneys which may be
received iuto the Treasury Tor the sale of
the public lands after the first day of jan
= uary, l848. first TO pay the interest on ali
stocks issued by virtue o! this act; and
secondly. to use the balance Of said re-
"ceipis, alter paying the interest aforesaid.
in the purchase OF said stocks al their
market value" &c. The debts then con
macted have not been li1uida,ed, and the
languages of this section. and the obliga-
tions of the United States under it, are too
plain to need comment.
have been unable to discover any dis.
tinction, on constitutional grounds, or
grounds of expediency. between the APP
propriaiion of ten millions OF dollars. di-
rectly from the money in the Treasury. for
the object contemplated, and the appropri.
alton Of lands, presented for my sanction.
Aad vet, cannot doubt, that ii the bill
proposed ten millions OF dollars from the
-. .I,o IIc;,oI Ctota, fo tl,o S,,
port tofindigent insane in the several States.
that the constitutional question involved in
the act would have attracted forcibly the
attention Of Congress.
respectfully submit. that. in consti-
tuiional point Of view. it is wholly imma-
terial whether the appropriation be in mo-
ney or in land.
The public domain is the common prop.
er,y Of the Union. just as much as the SUR
plus proceeds OF that. and OF duties on
imports remaining unexpended in the
treasury As such. il has been pledged.
is now pledged. and may need to be so
pleeged again for pubic Indebtedness.
RHs property, II is distinguished from &C.
tuaf money chiefly in this respect: that its
profitable management sometimes reqdires
that portions OF il be appropriated TO local
Directs. in the States wherein ii may hap
pen TO lie, as would be done by any pru.
dent proprietor TO enhance the ssle-valua
Of hispriyate domain. All such grants OF
lands are, in fact,a disposal oft for value
received, but they afford no precedent. or
constitutional reason, for giving away the
public lanAs. Still less do they give sane
ton to appropriations for objects which
have not been entrusted to the Federal
Government, and therefore belong exclu.
sisely to tho States.
To assume that the public lands are ap-
plicable TO ordinary State objects. whether
Of public structures, police. charity. or ex-
penses Of State administration, would be
70 disregard, to the amount OF the value
of the public lands, all the Limitations oil
the Constitution. and confound. to that ex
tent, all distinctions between the rights and
powers OF the States, and those of the
United States. For IT the public lands
may be applied to the support OF the poor,
whether sane or insane. il the disposal OF
them and their proceeds be not subject to
the ordinary limitations oi the Constitution.
then Congress possesses unqualified power
70 oprovide for expenditures in the States by
means OF the public lands. even to the de-
gree Of dsfraying the salaries OF governors.
Judges. and all other expenses Of The Gov
eminent, and internal administration with
ia the several States. The conclusion
from the general survey Of the whole sub
iect is, 10 my mind. irresistible. and closes
the question, both of right and OF fxpe,
Jiency, so FAR as regards the principle OF
the appropriation proposed in this bill
Would not the admission oil such power
in Congress TO dispose OF the public do
main, work the practical abrogatlon OF
come ot the most important provisions o!
the Constitu,ion2 lfthe systematic reser-
vation of a definite portion OF the public
lands (tlie sixteenth section in the States.
for the purpose Of education, and occa-
sion al grants for similar purposes be, cited
a. contradicting these conclusions. the an,
ever. as il appears to me. Is obvious and
satisfactory. Such reservation and grants.
besides being part OF the conditions Oh
which the proprietary rights Of the United
States is maintained, along with the emi
nent domain Of a particular State. and by
which The public lan1 remains free from
t0xal0n IN ina Stato III WHiCu IL hcS' %
long as il remains the property oil the Uni.
ted States, are the acts Of mere land
owner. disposing Of a small share Of his
properly in way to augment the value
of the sesidue, and in this mode to encour.
age the early occupation Of it by the in
dustfious and intelligent pioneer.
:. The great example CT apparent don alion
.ef lands to the States. likely to be relied
upon as sustaining the principles Of this
blu, ie the REIMBURSEMENT OF swamp lands
10 the States. in which they are situated
but this, also, like other grants already
referred 10, was based expressly upor
grounds; clearly dislinguishable in princi
Pile from any which can be assumed for thu
bill herewith returned, viz: upon the inter
estand duty of the proprietor. They wer'
charged, and not without reason. to be I
nuisance to lhe inhabitants Of the sur
rounding country. The measure was pre-
.iicated, not only upon the ground Of tn
disease inflicted upon the people of tn
States. which the United States could no
jus,ify. asa jus, and honest proprietor. bu
also upon an express limitation of the ap