The daily union., 1854-03-04
IN CONGRESS- OF THE U. STATES.
Thirty Third Congress session.
THURSDAY, MARCH 2, 1854.
I'm CONTINUATION
SENATE.
THE INDECENT INSANE.

Union IOI Inc
benefit OF INDECENT insane persons the question being on
the passage of the bill on which the yeas and nays had
been ordered.
the principles mbodied in il, when a member of The
House OF Representatives, and feel inclined to do the
same thing now But as am about to differ with my
friends and those with whom usually act am desirous
before the vote is taken assign briefly the reasons why
shall do so am not gong TO attempt defence OF the
motive which prompts me 70 go Tor this bill A propo
siion which looks to the relief OF the nsaneof class
OF my eliowcreatures who shut out intellectually
from all the word-ought, and am would receive
the vote OF every senator upon this floor if he felt that
he justified by his obligation 10 the constitution and
his obligations OF justice 10 has own constituents in Civ
ing such vote.
shall certainly not stop to defend my motives for Civ
ing vote like this The considerations which stand in
the way OF unanimous vote in favor OF tins bill seem
to be wolod hrs as to whether the power to pass it
under the limitations OF the constitution and second as
10 whether the bill does justice 10 all the States of the
Union and TO all our constituents These questions are
not altogether tree from embarrassment but having in
vestgated this bill in the House OF Representatives,
brought my mind 10 the conclusion that we had cons
tuiional right to pass bill similar 10 this. hold that
our power over the public lands is unlimited than
is power the treasury oil The Union We hold
authority the lands under different clause Of
the constitution from that which authorizes us 10 use the
public money Congress has power 10 dispose OF the public
lands and this power apprehend, only limited by this
that they shall not be disposed of for purposes which
in themselves unconstitutional. Now, sir you have no
right 10 diminish the Presidents salary, or
the salary OF any other officer You could not, under
the general power TO dispose Of the public ands give
them to the President OF the United States, or to any
other officer whose salary is fixed by law, and which
neither be increased nor diminished during his con-
tnuance service. But unless there be some limitation
like this imposed by some other provision OF the consl
tuition than the 10 which have referred as giving
us the power 10 dispose OF this land, hold that you
may it for whatever purpose you may chooses and
upon this principle the government has uniformly acted
from its organization down to the present time. Why,
sir what have we done in reference TO the public lands
heretofore? We have given them to erect public build
ings the Saies have sold them at every conceya-
bic price, from twelve and half cents up $50
500. We have given them for works of internal inn
provemen in the States Under the act of ls4 you alb
solutey gave to each OF the States OF the Union
5000 acres OF land Tor purpose which my southern
friends insist is not to be promoted by appropriations
from the ireasuryto wit, for the purpose of internal
improvements Only short years ago you relnguished
millions and millions OF the public lands to all the new
States under what is called the swamp-act BILL
Now, | apprehend that when these different acts are
taken up and examined they will be found to have been
passed by the unanimous OF this body in other words
that there is not solitary member OF the Senate who has
not, at some lime, voted Tor One OF them. And why
Because senators have been in the habit OF regarding the
power OF Congress unlimited over the public domain
except in the instance have pointed out and those that
are similar.
Now, sir, the honorable senator from Virginia Mr..
HuNTERl yesterday said that he could draw distinction
between dividing The lands for this object or in the way
proposed by this BILL and distributing the proceeds OF the
sales OF the public lands hold that the two cases are
different in this that over the government lands you
have an unlimited control. of which | have spoken.
When they have been sold and the money has gone into
the national treasury, il becomes part and parcel OF that
treasury, and you have no more control over money de-
rived from the sale OF the lands than you shave over
money derived from imposts from any other quarter
1t is compon treasure, and your control over one
part of il is precisely the same over any other part
OF II.
Now, would ask the senator from Virginia whether
he conceives that Congress has the right appropriate
the proceeds OF the sales OF section OF land
in particular township for school purposes in other
words instead OF giving the land 10 the township for
school purposes Congress has done ana the
tor Yesterday believed Congress had right TO do sup
pose should sell the land and put the money into the
treasury and then there should be proposition made 10
appropriate the money back again TO precisely the same
object Suppose you sold for thousand dollars could
you take the thousand dollars and appropriate il back
again establish school there | apprehend
not But why Because you cannot pursue this land
in its change OF lis character Where you have convert
ed il into money, you lose that control il which
you had, and which you may rghiuy exercise so long
as Il land. IL is so, cir Because, when you put il in.
to the treasury, IL is as remarked before,
mon iund--one common mass; there is no line which
divides moaey derived from land from money derived
from the customs, or IRON any other source Ii is not
long this fund retains It's distinctive character
land.
But am mol going 10 pursue the subject | only
wish 10 offer consideration or two which justhes me-
as think, in giving this vote have no doubias TO
the power.
The next question is, will il be just not only towards
our constituents, but towards all the States OF the
Union 10 pass such bl as this Now, in the outset,
yield the claim which has been often set up here
that the old States have interest in this land think
they have sometimes made fuss about than there
bas been occasion for and think have heard my
friend IRON Virginia occasionally speak OF the interest
which bis Sate IN common with the other old States,
bad in this land Now, sir when propose TO recognise
the existence oi that claim. and 10 discharge
II, The gentleman from Virginia comes in to oppose Il
The distributions made under the provisions OF this bill
are. perhaps as near right as they could well be made
Mr BADGER, Gin bis seat) You cannot obtain alb
solule right
Mr. BROWN. A. the senator from North Carolina
observes, absolute right cannot be obtained No human
ingenuity can devise bill which will be perfectly just 10
AL parties. There masl be some injustice somewhere,
and II is 50 ia all our legislation.
But, sir, this bill gives 10 the old States and to the
appropriation Of The public land. II divides il among
them according 10 their territorial extent Now If you
pass this bill i will relieve the State OF North Carolina,
the State OF Virginia, and all the other States, from that
which is burden upon their own treasury, and upon
the purses OF their peoples for The insane be taken
OF everywhere IN all civilized communities Most
OF the States have made provision for this purpose and
those that have not ought 10 do so vety soon and doubt
less viii do It, How else is Il TO be done be-, by levying
taxes upon their peoplel But when you pass this bill
you relieve them to some extent from this taxation !
believe the State OF North Carolina gets some three or
four hundred thousand BY this bill To that extent
will TO relieve that State from taxation for this
particular object will have the effect in all the
other States. la this respect II is just to one
another State, Its operation Is equal There is nothing
impartial IN il. | know very well that the gentleman
from Virginia yesterday justified the granting 10 rsiroad
seemed be unjust towards OF the Slates vet he
thought il might be justified upon the ground ha giving
one section OF land enhanced the value OF the remaining
section.
MIR HUNTER II the senator will allow me- | have
said nothing about grants OF land for railroad purposes
M. pnA. ak,I h. -.