Washington sentinel., 1854-06-25
Wasbingtan gentinsl.
PRESIDENTS VETO MESSAGE.
SPEECH OF HON. c. c. CLAY. Jr.,
OF ALABAMA,


eft OF The INDECENT Insane n
Mr. CLAY said:
Mr. PRESIDENT: venture with proper difhdence !
10 express my views upon grave constitutional
question, which has elected the thorough and
elaborate discussion of senator's OF greater age and
experience, and of distinguished ability. do so /
rather with the desire 10 justify my vote to my
constituents than from any expectation OF adding |
10 the force of the arguments already adduced
against this bill. The refusal Of the President 10 /
sign il, ard lis return 10 the Senate with hs OBJ |
jections, magnfes IT'S importance IN the public !
mind and exces universal inquiry as 10 It's merits.
This together with the fact thsi some OF my col
leagues in the House Of Representatives,, belonging
10 the democratic party, supported the bll (which
has Teen adver,ed 10 IN the Senate,) urges me TO
explain the grounds of my opposition.
Besides, Alabama is at this time, perhaps, more
deeply interested than any other State in the sub.
ject-natier of the donation and objects OF the
bounty contemplated in the bill. few years
since her legislature, moved by the eloquent and
touching appeals of the lady who is regarded as
patroness of this measure, made provision for the
erection OF insane asylum. The fund provided
proved insufficient TO complete The necessary
buildings, which still remain unfinished and un-
prepared 10 receive patients. To discharge a
heavy foreign and domestic deb, the people of Ala
bama have been for many years, and are still, en-
during onerous taxes with noble patriotism and
public virtue and are i'll able 10 contribute more
towards the completion of work commenced
them from embarkng in any costly enterprise
however humane and praiseworthy. An errone-
GUS impression has prevailed that the aid afforded
by the passage of this bill might suffice 10 complete
that work. when, in fact, the principal of the fund
cannot be appropriated or diminished, and even
the interest (accordng TO my interpretation OF The
bilD could not be applied 10 the erection of the
asylum. Hence its progress has no doubt been
regarded with more than ordinary anxiety by many
Of my constituents, whose sympathes have been
deeply enlisted in behalf Of scheme for ameo-
rating the condition Of that most unfortunate and
pitiable of all classes of men, who, bereft of
20 sit in moral darkness more appalling than
death
Again, the disposition of the public lands is, of
all subjects of federal legislation, most interesting
10 Alabama. Near half of all the land within her
limits is still waste and unapprcpreted, and will
probably remain SO for many years unless there
IL change OF governmental policy. Inaccessible.
and remote from market, sterile, and unfit for
cultivation, the lands desirable only for tim
ber. or supposed mineral wealth, aud will not, in
my opinion be settled during This century, unless
greatly reduced in price, or enhanced n value by
their intersection with railroads 10 the Gulf OF
Mexico or the Atlantic sea-board. Any policy
which would divest the federal government OF
the title 10 those lands, subject them the laws
OF the State, and render them, as they should be.
tributary 10 her support and advancement, would
be regarded with favorable consideration by her
people II consistent with her constitutional rights
a proposition to grant those lands, or any large
portion OF them, 10 the State is perhaps the most
enticing that could be offered. ..
After mature consideration OF all these sugges-
tions Of apparent State interest and Of phanlhro-
py, Il was with sincere regret that found myself
constrained to vote against the bill. Yet trust
and believe that few, If any, Of those constituents
with whom have acted in political association,
desire or expect me 10 vote for IL. owe my seat
here 10 my uniform maintenance of a strict con-
structlon Of the Constitution, and unfatering op-
position 10 every encroachment on the rights or
assumption Of the duties OF The States by the
general government. In common with the demo-
cratic party of Alabama, have ever been opposed
10 distribution of the proceeds OF the pubic
lands among the States; and ! can discover no
difference in principle effect between distribu
ting the land and distributing the money arising
from the land. The only points of dissimilitcde,
in my opinion, between this and the distribution
scheme of 1912, are, that that gave unconditional
ly, This upon condition.; that did not, this does
prescribe the manner in which the fund distrbu
ted is 10 be used that treated the States as free
and independent coordinate powers, this treats
them subordinate and dependant agencies !:
that was bold aud shameless tribute 10 avarics.
this an ostensible offering 10 charity; that appeal
ed the baser, this to ths nobler passions OF hu
mainly. regard this more dangerous than that,
because more insidous; il invokes in support OF
bad principle. III. best feeling OF the heart. j
regard il more objectionable than that, because il
treats the States not merely as benefciaries OF
federal bounty, but as creatures OF federal will
The bill under consideration proposes 10 dis
tribute len millions Of Of public lands among
the States, OF which one hundred thousand are
first granted 10 each, and the remainder 10 be dis
tributed upon the compound ratio of geographical
and representation in the House OF Repre-
eentatves: those states in which there public
lands subject TO sale al one dollar and quarter
per acre are 10 be confined 10 them in selecting
their proportion land scripts TO be issued 10 those
States in which there no public lands TO the
amount of their shares, which shall not be entered
by them, but shall be sold at not less than one
dollar per acre, and subject 10 entry by their
a.signees each Stale is 10 pay oil the expenses
attending the management OF its share of granted
hand out of lis own treasury; the gross proceeds
ofthe sales of such lands scrip to be invested
in safe stocks, The principal of which shall never
be diminished, and the interest appropriated 10
the maintenance of the INDECENT insane within the
several States the States are 10 account annually
10 the Secretary of the Interior for all lands or
scrip sold and the fund is 10 be applied only to
the treatment Of those insane who placed in
certain prescribed institutions, managed afler GER
tain prescribed forms
AM opposed 10 the bill because regard il both
unconstitutional and inexpedient. All its advo
Gates derive the power TO pass il from and the
same clause Of the Constitution found in the third
section and fourth article, as follows:
"The Congress shall have power dispose Of make
sl neodfu rules and regulations respecting the territory
other property belonging the United States and
nothing this Constitution shall be pre-
udce any claims Of the United States Of any parcu
ia
This, they say, conlers on Congress power TO
dispose of the public land in any manner not pro-
hibited by the szpress terms of the Constitution
not only for purposes named, but for others not
named IN that instrument In other words, they
claim for Congress all the rights Of an absolute
owner or tenant in fee simple who may do any
Thing with his land not positively forbidden BY The
laws OF his country. And they make this claim
by virtue OF the term diSpos. Of which they inter
pref, according TO the definition Of oflexicographers
10 mean Ito sell or 10 give, 10 apply 10 any pur-
pose, or employ for any end"
Il may be safely conceded that the term dispose
offs sometimes used in each OF those senses with
out admitting that il is used express all of them
in the Constitution. II would be most illogical 10
conclude, from the definitions of word given IN
dictionaries. that il as intended 10 convey each and
every Specification when and wherever used Such
conclusion would be most lallacious in regard TO
this very word dispose. Indeed, the primary and
s. radical meaning OF the word dispose is 10 put or
place apart or away, not 10 give or 10 sell. lis
primary sense has been detected and ramified into
the vsrtous and opp sing senses oil 10 give and 10
sell, by nsage. Hence, its meaning is 70 be de-
duced from the circumstances under which il il
used and the context Of the sentence where found
When we say father has disposed OF his son. we
do not mean that he has sold given him away
When we speak OF the power of an absolute ol,ns,
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