Washington sentinel., 1854-06-06
Washingtnn geatinsl,
THE VETO MESSAGE.
SPEECH OF ALBERT C. BROWN
OF MISSISSIPPI,
In the Senate, May IL, 1854.


would be more grateful task to sustain the
views of the President than to oppose them. A
strict constructionist of the Constitution my
self il is more pleasant for me to act In har-
mony with those who construe it strictly, than to
differ with them. We have rare examples in
the administration of the government of a rigid
adherence to that instrument, and any attempt
to set us an example excites my admiration. !
could wish, however, that the President had
selected less worthy object than the one be-
fore us for manifestation of his zeal in sus-
tanning the Constitution in its letter and in its
spirit.
If this were an original question l would be
silent. But having voted for the bill that has
fallen under the Executive veto, in the House
and in the Senate, feel called upon in justice
to my constituents, and to myself, to assign
the reasons which justified me in giving these
votes. yield to no man in rigid adherence
to the Constitution.
the INDECENT insane. These children of misfor-
tune are their own most earnest advocates.
lmmured in cells, or shut up in loathsome dun
geons, shut out from the light of day and from
the light of reason, with the hand Of God rest
ing heavily upon them, their mute appeals to us
for help and succor, are more eloquent than
anything that can say.
The President has declared, with an earnest
ness which does him credit as a man and as
christian, that he has "been compelled to
resist the deep sympathies Of his own heart
In favor of the humane purposes sought to be
accomplished" by this bill. The sentiment
will find hearty response in the bosom of
every good man. Of all the millions who live
under the @gis Of our Constitution, there is
perhaps not one who will not say that the pur-
poses sought to be accomplished by the bill
are humane, benevolent, christian, and emf
nently worthy of all the support which we can
give them consistently with our duties to the
Constitution. We have, then, but one ques-
ton before us: Can we pass this bill without
violating the Constitution?
To that question ] address myself
The Constitution says: "The Congress shall
have power TO DISPOSE OF and make all need
ful rules and regulations respecting the terri
tory or other property belonging to the United
States
That the word territory is used in this connex-
ion as synonymous with land and that land is
here treated of purely as property is not ques-
toned, believe, by the President or any one
else.
To dispose Otto dispose of the territory, to
dispose OF the land-what is meant by that
phraseology?' In ordinary parlance, it means
to give, to sell, to bestow, to convey, and ap-
prehend that it was used simply to convey its
ordinary meaning. The trainers of the Consti-
tuition were men not only of common sense, but
of extraordinary astuteness. They knew the
force of words and the meaning of words, and
it is reproach to them to say that they EN-
ployed words with one Specification in the
Constitution, which, in their every day use
carried with them different Specification.
have consulted eminent photographers as
to the true meaning of the words " to dispose
of" and with these results:
JoHNsoN.-10 dispose: To employ for va
rions purposes; to GIVE; to place; to bestow.
10 dispose Of: To GIVE AWAY; to employ to
any end to put into THE HANDS OF ANOTHER.
RIcHARDsoS.-Dispose: TO employ for or
apply to a particular purpose or use, and thus
to bestotc.
ToDD.-Dispose: To employ to various pur-
poses; to diffuse; TO GIVE; to place to be
st0,c.
TO dispose Of: To apply to any purpose; to
transfer to any other purpose or use to put
into the hands of another; TO GIVE AWAY By
AUTHORITY.
WEBsTER.-Dispose To apply to particu-
lar purpose; TO GIVE; to bestosc, as you have
disposed much in public piety. In this sense,
10 dispose OF" IS more generally used.
To dispose of: To GIVE AWAY or transfer by
authority.
WALKER.-To dispose Of: To apply to any
purpose; to put into the hands of another; I'd
gioe a,cdy by authority.
Now, sir, if Congress has the power to dis
pose of the public lands, and if "To DISPOSE
OF" means as Richardson, johnson, Walker
Todd, and Webster, all agree it means to qire
where is the want of power to give these land
for the benefit of the INDECENT insane?
The power to give having thus been conferred
in express terms by the Constitution, there cal
be no limitation to the use Of that power othe
than this, that shall not be used for purpose in
hlbited by the Constitution in express terms
or by fair implication. Gs
There is no pretence, that the purpose of thi
bill is inhibited by the Constitution in express
terms. The inhibition must therefore be sup
piled by Implication if at all. / shall under
take to show that there is nothing in the Con
stitution outside of the Constitution. which
being faily construed, supplies any such impli
cation.
The President has undertaken to show, first
that the Constitution ITSELF not in terms but
by fair intendment, prohibits such gift as
that proposed in the bill, and, secondly, that
the deeds of cession from New York, Virginia,
Massachusetts,. and North Carolina, in more
express terms, prohibits it. On both points
the President and myself differ.
The President says the bill proposes to make
provision for an eleemosynary purpose within
the several States, and that "this presents the
question at the threshold as to whether anv
such act on the part of the federal government
- warranted or sanctioned by the Constitution .
The point here presented is not that Congress-
cannot provide for an eleemosvnary institution.
because IT Is such an institution, but that Con,
gress cannot provide for such an institution i,
the STATES. am warranted in saying this. be
cause the President clearly admits that it i:
within the competency of Congress to provide
for an institution Of this character in the Dis
trict Of Columbia-his language being, a i
Congress have power to make provision for ths
indigent insane 1ithom the Rn,its of this Dis
h'a, i has the same power to provide for tn,
indlgent who are not insane, and thus to trans
YET 70 the federal government the charge of al
fhs poor "a all the States
respectfully submit that the President ha
not met the question fairly. We propose Il
give the lands, and instead Of meeting us ON III