Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-05-06

appropriations for objects which not been
to the Federal Government and therefore be-
long exclusively to the States.
To that the public lands are applicable ordi-
nary State objects whether Of public structures police.
charity or expenses Of State administrator would be to
disregard TO the amount Of the value of the public lands
all the limitations of the Constitution and confound to
that extent all distinctions between the rights and pow
ers OF the States and those Of the United States For il
the public lands may be applied the support Of the
poor whether insane If the disposal of them and
their proceeds be not to the ordinary limitations
of the Constitution then Congress possesses unqualified
power 10 provide for expenditures in the States by
of the public lands TO the degree Of defrayng the
salaries of Governors Judges and all other expenses Of
the Government and internal administration 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 expediency far
regards the principle of the appropriation proposed in
this BILL Would not the admission Of such power in
Congress to dispose Of the public domain work the prac-
teal abrogation Of of the most important provisions
of the Constitution? If the systematic reservation of
definite portion of the public lands 1.-THE sixteenth ection
in the States for the purpose OF education and occasional
grants similar purposes cited conradctng these
conclusions the answer it appears to me- is obvious
and satisfactory Such reservations and grants besides
being part Of the conditions which the proprietary
right Of the United States is maintained along with the
eminent domain of particular State and by which the
public land remains free from taxation in the State IN
which lies long it remains the property Of the
United States, the acts OF mere land owner, dpos-
ing OF small share Of his property in way to augment
the value of the residue and this mode to encourage
the early occupation Of 1t by the industrious and inte
gent pioneer.
The great example Of apparent donation of lands to the
States likely be relied upon sustaining the principles
of this bill is tho reinquishment Of swamp lands to the
States in which they situated but this, also, ike
other grants already referred to- based expressly
upon grounds clearly dstingushabe in principle from
any which be assumed for the bill herewith returned,
viz upon the interest and duty Of the proprietor They
charged and without reason be nuisance to
the inhabitants of the surrounding country The mea-
sure predcated not only upon the ground Of the dis
ease inflicted upon the people Of the States which the
United States could not justify just and honest pro-
prietor but also upon express Limitation of the app
cation of the proceeds in the first instance to purposes
of evees and drains thus protecting the health OF the in
habants, and at the time enhancing the value OF
the remaining lands belonging the General Government
1t not to be denied that Congress- while administering
the public lands proprietor within the principle dis
tincty announced in my annual message may sometimes
have failed to distinguish accurately between objects
which ara and which are not within It's constitutional
powers.
amples in the Of Congress which furnish any prece
dent for the present BILL and those examples will, in my
opinion, erather warning than as an nducement
to tread in the same path.
The first is the act Of March g. 1872 granting
ship Of land to the Connecticut asylum for the education
Of the deaf and dumb.
The second that of April 5, 1926 making similar
grant of land to the kentucky asylum for teaching the
deaf and dumb.
The first more than thirty years after the adoption Of
the Constitution ard the second moro than quarter OF
4 a century ago.
These acts were un;mportant to the amount appro-
priated, and far as ascertain were passed on
two grounds First that the object was charitable one
and secondly that it national To say that 1t was
charitable object is only to say that 1t was an object OF
expenditure proper for the competent authority but it
tended to show that it proper object of
expenditure by the United States than in any other pure
local object appealing to the best sympathies Of the
human heart in any Of the States And the suggestion
that school for the mental culture of the deaf and dumb
IN Connecticut Kentucky is national object only
shows HOY looge
the purpose was to procure appropriations by Congress-
1t perceived how school OF this character other
wise national than is any establishment Of religious or
moral instruction. All the pursuits of industry every
thing which the material or Intellectual yell
being Of the race every Of or boil OF cotton
which grows is national in the for each one
of these things goes to swell the aggregate of national
prosperity and happiness of the United States but 1t
confound all meaning of language to say that these things
are national" equivalent to Federal, so as to
within any Of the classes OF appropriation for which
Congress is authorized by the Constitution to egislate.
It is marked point in the history Of the Constitution
that when proposed to empower Congress to esta
bsh university, the proposition confined to the
District intended for the future seat Government of the
United States and that that proposed clause omit
ted in consideration of the exclusive conferred on
Congress to egsate for that District Gould more dec-
sye indication the true construction aud the spirit OF the
Constitution in regard to all matters of this nature have
been given proves that such objects considered
by the convention appertaning local legislation only
that they not compreheuded either expressly or by
implication in the grant of general power to Congress,
and that consequently they remained with the several
States
The general result at which have arrived is the
sary consequence of those views of the relative rights,
powers and duties Of the States and of the Federal Gov
eminent which have long entertained and often express
ed and in reference to which my convictions do but in
crease in force with time and experience.
have thus discharged the unwelcome duty Of respect
fully stating my objections to this bill, with which
cheerully submit the whole subject the wisdom of Con-
gress. FRANKLIN PIERCE.
Mr. FOOT moved that the message be laid upon the
table and printed which was agreed to- 1t was also
ordered to be entered the Journal of the Senate
Mr. HUNTER moved that ten thousand extra copies be
printed for the use Of the Senate.
Mr. BROWN addressed the Senate the general sub
enon of the public should be called to the necessity OF
pausing before they a conclusion the State
paper which was before the Senate. He proceeded to
show the character Of the support the INDECENT insane bill
had received at the present and at previous sessions OF
Congress- and argue in favor of the passage Of the BILL
notwithstanding the Presidents objections He said the
reading of had shaken his convictions of
the constitutonality of the BILL
Mr. FOOT suggested that future day should be fixed
for the discussion this message, but he avaed him.
self OF this opportunity sustain the bill He proposed
also examine with perfect freedom the objections of the
President which he discussed seriatim at length.
Mr.. HUNTER said, it proposed to postpone the
discussion this message, this not the proper
sion to into the debate but when the time should
the friends Of the President would be well able to
meet the Senator from Vermont lie could not however,
allow the occasion pass without saying that the
try deeply indebted the President for arrestng this
bill He pointed out the vast Importance Of this exercise
he