Washington sentinel., 1854-07-12
Wasbingtun gsutinel.
pREsIDeNrs vETo-HoMGsrEAD Bln.,
SPEECH OF HON. r. BRoDHEAD,

PRESIDENTS VET0-IIoMESTEAD BILL.
SPEECH OF HON. r.. BRoDHEAD,
OF PENNSYLVANIA,
In the Senate, July 5, 1854.
The Senate having resumed the considera-
tion of the Presidents message vetoing the in
digent insane bill
Mr.. BR0DHEAD said
Mr. PRESIDENT: This is a proper occasion to
consider the insane and the homestead bills.
propose to say few words in regard to both;
my main Object, however, being 10 assign the
reasons for the vote | intend to give against
the one last named The message of the Pre-
s,dent, refusing his sanction to the insane bill,
Drings u before us for reconsideration. Some
OF his reasons, if good against the one, are
equally conclusive, in my opinion, against the
other Upon this poinr, however there is
much dispute among his friends, not only III
this body, but elsewhere. In view OF this fact.
II wished to embarrass him, and could so far
disregard my duty as to desire u do so on a
great measure of this kind, would vote for the
homestead bill and send it 10 him either to be
signed or vetoed. But, sir, am governed By
no such motive. consider the positions taken
by the PRESIDENT against the insane bill impreg
nabie, and his reasoning unanswerabe; and
VIII endeavor to show that some of them COM
they do or not, think can show good cause
for the vote intend to give against il when it
comes up.
The following grant of power is found in the
fourth article of the Constitution:
The Congress shall have power to dispose of
ana make all needful rules and regulations espect-
ing the territory or other property belonging 10
the United Staies.n
his clause when considered alone would
certainly seem to confer upon Congress abso
lutte and unqualified jurisdiction over the pub
nc lands, but In order to comply with sound
rule OF construction, 1t must be considered in
connection with other grants and restrictive
clauses IN the same instrument Under il
congress passed the bill now about 70 be re
considered, granting ten millions of acres OF
the pubic lands tnot to be sold tor less than
Sl0,OO0,OO0) for the support of the indig,nt
Insane III the several States, and to be divided
among the several States in proportion to size
ana representation. The proceeds of the sales
OF Inc SAID lands to be managed in pursuance
OF the terms OF the grant by State authority.
Under the clause OF the Constitution which l
have just cited, the advocates of this bill con-
tend that Congress has the same power TO grant
or give away, or dispose" of the public lands,
that a man owning farm in fee simple, would
have, and hence that Congress has right to
grant the public lands for the benefit Of the
INSANE poor IL the States. i cannot concur in
opinion with them. The Federal and State
governments seldom, if ever, have concurren,
jurisdiction on any subject. The Federal gov
ernment Is one of grGTNed powers and all
power not granted is &ained by the States.
Now, 1t will not be conteG>ed that the States
have not power TO make provision for the sup
port OF the insane poor, or the poor not insane,
or the poor orphan, aud hence for the Federal
government To attempt to do it, would be u
violation OF State sovereignty, and reversal
OF the great leading and fundamental idea
upon which the FEDERAL government is fuundedi
t. wit: the independence and the sovereignty
OF the States. A private owner of land Is
under no restraint as 10 alienation. A father
may dispose OF his land 80 AS to do great In
justice to his wife and children. Partiality OF
caprice may control him. But Congress has
no such power over the public lands when the
whole scope and meaning of the Constitution
is considered. 1t is trustee for the people of
all the States, controlled BIZ the restrictions
and limitations Of the Constitution. For ex-
ample, the Constitution says, Congress shall
make no law respecting an establishment Of
religion and therefore Congress could not
dispose of the public lands for the benefit oi
any particular church or denomination oi
Christians. Congress cannot order the public
lands To be sold, and the proceeds to be paid
TO the different States for the purpose of paying
the Judges and governors thereof.
In addition to the authorities cited by the
President in support of the strict construction
AMI State-righ:s doctrine upon which be bases
hIs objections to this bill, i beg leave to read
blef extracts from the proceedings Of the con-
yentipns OF some of the States called for the
purpose Of ratifying the Constitution Tor the
purpose OF showing how much power was
granted, and how much retained by the States
The great objection to the Constitution was.
that it conferred too much power on the gen
ersl government, and therefore il was ratified
with sort of Pofeadndo, and an amendment
was afterwards adopted in accordance with,
and almost in the language suggested by the
State conventions.
lfnssachHsons
And as II Is the opinion Of this convention
that certain amendments and alterations in the
said Constitution would remove the fears aud quiet
the spprehensions Of many Of the good people OF
this commonwealth. aud more effectusly guard
against an undue administration OF the federal
government. the convention do therefore recon
mend that the following alterations aud pr vsions
be introduced into the said Constitution:
. Fird Ihst u lie expl Gully declared that all
powers not expressly delegated 10y the aforesaid
Constitution, are reserved 10 the several States,
20 be by them exercised"
South Carolina.
This convention doth sl,o declare that no
section paragraph Of the said Constitution war
rants consiru lion that the States do not retain
every power not expressly rehnquished by them,
end vesied in the general government Of the
Union"
N,V Hampshire.
First That ii be explicitly declared that all
powers not expressly and particularly delegated
by the aforesaid Constitution. are reserved TO the
. several States, 10 be by them exercised"
Virginia.
:" First That each State in the Union shall re.
spectively retain every power, Jurisdiction. and
right which is not Ivy this Constitution delegated
TO the Congress rf the United States or 10 the
departments Of The federal government"
North Carolina.
" First That each State in the Union shall, re.
spectiyrly. retain every power, Jurisdiction aud
right. which u not by this Constitution delegated
TO the Congress Of the United States or TO the
departments Of The federal government"
dmsDdment etfe,payds adopted.