Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1854-05-11

me pafpose he i designed 10 iabserre he bro
eesrs % review Of is dsisls Is follOwu. He
says:
The bill provides IN subsiercey
f1a Thatten milllons OF acfks pfland Be grant
60 10 ne several States, 10 be apriorlored among
them - ne eompcu09 raIio Of he geogrs phicaI
ass5 aea re presenlaicn q said Stzes in he House
Seso4ds That ~hereFer there are public lands il
Stale subject 10 sale al The regular price Of pri-
vae entry, the proportion Of said len millions Of
acres iaiing 10 such Htzle skail b selected from
saen lands within IT, aad that y the States IN which
tnete are no public lands land scrip shall Be issed
% lhe amount Of their distrib1iise shores fespec
uvely ;said scrip not 10 Be eBleteS BIZ sail Stairs
tut 70 Be sold BY them and sltiesloentfy by Their
assigsees. provided that none Of ishall be sold al
81. nan oae dollar per acre under penalty Of for
ieEnie 81 The sanae 70 the qaiied States.
/ Third That the expenses o;the Management and
suPerinlfndehre Of said lands and Of The moneys
Received tbsrefrom, shall be paidsby The States 10
ghIca shey may belong, out OF sheSfeasury Of said
] States.
FSHrli That IN. gross prosesas of he sale. Of
such lands or lsndscTip SO granted shall be invest
ed BY ths several States in sa SOCKS TO constitute
aPerpetpal und, the principal bft which shall re-
NAN lereFer undimiRished and The DteIe Il 10 be
appropriated to the maintenance oh The INDECENT in
4 sane wrh'n the several States.
FsftAE That annual reieFnsioi lands or scrip sold
shalt bf maet by the States To- tie Secreiary Of the
Inserof and The whole grant be subject 10 certain
conditions and limitations prescribed in the bill to
Be sssehied % BY legislative asts.9f States.
This bill, therefore; proposis that the Federal
Government shall make psoviiiop 10 the amount Of
the value OF ten millions of ten. Of land, Tor an
eleemosyhary object within Iht several States, be
administered BY The ppili authority OF the same
ami u preseats at the laresholf t question Nheh-
er any such act tho part Of Ihs Federal Govern
/ ment : warranted ard SANCTIONED by The Cousti-
tuition, The provisions and principle II which are
10 Be projected and sustained asia first aud para
! mount duty.
u cannot be questioned THAI Congress have
power 70 make provissons for I'D INDECENT insane
withuuth limits OF this Distfi4 il has the same
Fower 70 provide for rhe indgehl who are not in
sane; and thus to irapsfr 10 BE Federal Govern
THE charge of als the pooS il all The States
II has the same pOwerS0 provide hospitals and 9TH
er local for the care and cCie Of ey-
cry species Of human ;nfimitys aad thus toassume
alLthat tuy Of eiher{puplic philanthropy; or pnb-
lie necessity TO the dependent The orphan, the sick
or the needy which is now sCihaTged by the States
themselves, or by CORPORATE instlnuens or private
endowments existing: under lie legislation of the
States. The whole ;ieii of ps,biic benefcence is
thrown open to the care and culture OF the Federal
Government. Generous imPtsises no longer en-
counter me limitations aud cosirol of our fperi-
Gus fundamental law; For, hqwever worthy may
be the present object in itself Il is oniy one OF
regard
" hdtcFeI conSidcfaliens distaie sympathy Tor
lhls particular object, apply Unlike manner, mot
In the same degree, 10 idoicv, % physical disease
toex,reme destitution. IiContress may and ought
10 provide for any one Of these jecis. it may and
oush toproVide for them ALL land If il be done in
this ease, what answer shall te given when Con-
efess shall be called upon, as itdoubtless will be,
TO pursue similar course Of legislation the 9TH
srsl ltiwiil, obviously be vain 10 reply thar the
object Is worthy, but hatIhe application has taken
a wrongdireetion.
- -ists.- -
ed, the general obligation viii, BY This act, have
been acknowledged, and the question OF means and
expediency will alone be LETT Tor consideration.
The decision upon The principle, in any one case,
determines il for the whole e.ast. The question
presented, therefore, clearly il spen the constitu-
tionaity and proprieiy oil the FeIfral Government
assuming TO enter into novel and vast field OF leg
lsaton, namely, that OF providing for The and
suppot q all those, among tie people Of the Uni
ted States, who, by any form OF calamity, become
ht objects 81 pnblic philanthropy.
readily, and, trust irelikgy acknowledge the
duty incumbent US ALL as men land citizens. and
as among The highest aid holiesI Of our duties 10
provide for those who, ih the mysterious order Of
! Providence, are suhje:tto want and TO disease Of
body mind, but cannot find any authority in The
Constitution for making the Federal Government
The gTelt amerer Of public charity throughout the
| United States. To do so would On my judgment,
be CONTRARY the letter and spiFito.ihe CoDslitu-
ton and subvetsive ofiht whole theory hpon which
i The Union Of these s aies is founded. And il it
were admissible Is contemplate lhf exercise of this
power, Tor any object whatever Ifannpi avoid the
belief that ii would in the end bespre1ieiat ralh-
than beneficial TO the noble ofiles Of charity to
have the charge Of hemtransfeTr3i FROM The States
10 the sNedeTal Government Areswe net too prone
to forget hat the Federal Union Is the creature of
The STATES; not they Of he Federal Union.
The Pfesic sni then proceeds 10 ) general review
or the formation and early hisroTyiofthe Republic,
itsdelegaled aud prohibited powers as constitution
ally defined the purpose, Of the Constitution; The
construction OF that purpose and lhe general rela-
ton of The States 10 the Sedcral bnio5, as enter
tanned and expressed by Presidents Msdisoa, JET
ferson and Jackson. In The cpurse Of iSis portion
Of bis remark be has tie following expressive pa
ragraph
| cannot bu; repeat what have:teforr express
ed, that If the several Slates, maay O. Wiki have
already laid the foundation cfmunlicek, establish
menls OF local benehcente, and nearly al nf Which
are proceeding TO establish them sls be led p-up-
pose as they will be- should this bin become asaw,
that Congress i TO make provision Tor such objects
the fountains Of charity win be dried np at home
and the several States. instead Of bestoSing tteir
own means on the sociaIwants OF their own people
NAV themselves, through the strong temptation
which appeals TO States asio individuals become
humble snpplants for the bounty of thu Federal
'Goyernmsni, reversing their true relation to this
Union.
A series Of extracts from the conslSlution; are
made with the view Of illustrating the {bjeets for
which the public lands may be appropriaiedi and
the mode o. disposing oe5hen. BE then prOcesds:
have been unable TO discover any distsncli5n ON
constitutional grounds or gropndsIDi exoedisncy.
belweeu an appropriation OF ten ulillioEs or dol
lars directly from the money ia the TIeAsury Tor
The object Contemplated and the appropriation Of
lands presented for my sanction. And ret Lean
NOT doubt, that II the tilt proPosel$en millions OF
dollars from the Treasury of the United STATES for
the suppors Of ndigentBsane in the seveta States,
that the Constitutional question invilyed IN the act
would have attracted forcibly The aensioh Of Con-
gross.
l respectfully submit, that 10 a constitutional
point Of view IL Is VIII lily i'm nateriEl whslhef The
appropriation be in money or in lana.
The public domain is The common properly Of
the Uni0n, Just much the snrp.as proceeds Of
ed in The Treasury. As such il has been pledged,
is now pledged, and may need 10 b. so pledged a
gain for public Indebtedness.
As property, il is distinguished frdm actual mon
ey eiiehyiu this respect that is profitable man.
agemeLt sometimes requires ibst phrtions Of Il be
Il may happen 10 lic as would be done by any prn-
deaf proprietor 70 enhance ike sele-Ealne Of his
private domain. All such grants cf land are, in
TART disp lsal OF IL Ter value received bur they
ald no precec ent or Constitutional Eeason, F Civ
ing away he public LANDS. Sill less DO iIsey give
sanction 10 appr0priaEivus for objscis ybieh have
not been entrusted 10 thelFederai @ kernment and
therefore belong exclusively TO The States.
To assume hat the public lands slre applicable
to ordinary STATE Objects whether ofipnbllc sifuc-
tures police charity, or expenses Oh State admin.
isfraiion. would be 10 disregard 10 lie smcnnl OF
The value Of The public LANDS. all lheilimhaiicns Of
The Constitution and ebsfssund, % iat extent, all