The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-10

the treasury but in consequence Of appropriations be
made by law"
Then he states that by necessary limitation, implied,
though not expressed the reay-naking power OF the
country cannot be used destroy alter the constitution
or government under which il is exercised.
Now, sir ask the attention of the Senate for mo-
ment 10 this statement The power OF making treaties,
Mr. Calhoun says, is power exclusively vested IN the
government Of the United States IL power that
either could not be exercised a, all by The separate States
well and conveniently and therefore, the whole
power given TO this government Hence, he says,
there necessity for entering into enumeration Oh
particulars would have been absurd; the whole IS gwen
IL express power and exclusive power and there
fore, Is subject TO no limitations, his Duh
which he has specified growing necessarily either on. OF
the nature of the power granted, out OF express nl
lions elsewhere contained in the constitution, o. ou o m
necessity Of preserving intact the constitution ITSELF uhue
which the power Is executed But as nc says, wil TO
gard legislative powers divided between ths government
and the States with respect these an enumeration oil one
class the other and those granted to Con-
gress selected as the powers more convenient ana
more proper for enumeration.
Now SIR how exactly that the with regard to the
grant power the public lands Il is not among the
generaenumeraed legislative powers OF Congress- IL IS
power exclusively in Congress. II is power that never
the States separately and therefore could not be
served TO the States under The constitution was power
that could be exercised by the States separately ALL
could be exercised at least without manifold IN
convenience and therefore the constitution vests in Con-
gress vests expressly and vests without limitation;
and from the very OF the II cannot be held sub
ject to any constitutional limitation, unless such implied
Limitations those, some Of those which are mentioned
The power being thus distinct exclusive, express,
qualified granted in the largest terms to dispose OF without
restriction or limitation to give TO SELL or to USE the prop
erty which is the subject Of this grant, just an owner IN
feesmpe used his estate where is the limitation upon
III am now speaking about the grant of power by tho
constitution. There another view of the subject of which
shall speak presently Where is the limitations Where
you find restriction in this Instrument There is the
provision unqualified If the power to make treaties be
thus absolute subject other than those
and inevitable restrictions suggested by Mr. Calhoun how
does happen that the power to dispose Of the public lands
granted in equally broad erms is not ccexensive IN It's
lageness with the treaty making power' As Mr. Calhoun
argues this grant of exclusive powers there
FORE all the reaymakng is in the President, by and
with the advice and consent of the Senate Whatever may
be done by treaty may be done by the President by and
with the advice and of the Senate unless is among
other things TO exercise power which the constitution IN
hbted the government any of its branches, where
thing authorized to be done particular and
prohibited in any other where the power sought to be
used for the purpose of destroying altering the constitu
uon Where, then, there any limitations upon this
power the lands If the United States of America,
political sovereignty, own property they undoubtedly
have power sell Otherwise dispose of IT, sell il for
whatsoever they please and 10 give whomsoeyer they
please Well whatever their power was, they have de-
voved upon Congress in express, unmstakabe terms
Ihs sir has been the opinion not only OF statesmen but
OF sound and enlightened urists. Mr. Justice Story his
work upon the constitution, says:
"The power of Congress the public territory is
clearly exclusive and UNIVERSAL and their legislation sub
jec to control, but absolute and unlimited unless
far il is affected by stpulaions in the cesson by
the ordinance of 1887 under which any part oft has been
Such, Mr.. President, seems to have been the opinion
of General Jackson In his message 10 Congress at the
commencement of the session of 1882, you will find this
language;
Among the interests which merit the consideration OF
Congress- after the payment Of the public debt of the
important, my view is that of the public lands.
Previous TO the formation of present constitutions it
recommended by Congress that portion of the lands
owned by the States should be cedsd the United States,
for the purposes of general harmony and fund
the expenses of the The recommendation adopted;
and different periods of me the States of Massachusetts,,
New York; Virginia. North and South Carolina, and Geor-
GA granted their sell for the for which they
had been asked As the lands may be considered
reievcd from this pledge, the o5jl for which they
cedsd harng been aeconp ssd The discretion Of Congress,
10 pOse Of them in such ray best eonduee the QUIET
HARMONY AID GENERAL INTEREST Of the American people
In examining this question, a! local aud sectional feelings
should be discarded and he ohoe Utd States regarded
people, aiered alike in the prosperity Of their country
Su is impossible to express the power in more large
and comprehensive Beyond all doubt MIR President
Congress bound in the exercise OF every power and the
President IN making bound in the exercise Of
power constantly to bear in mind the purpose for which
this constitution formed, in preamble
and all hoao powers however absolute in the form OF the
and however absolute IN point Of fact they may bo
TO the naked poweare always To be used, and
only be ghtuly used for the purpose Of accomplishing
the grbat ends Of them, OF establishing JUSTICE
surog domestic tranquility, providing for the de-
fence promoting the general welfare and securing the
blessings Of liberty which the constitution, in ts pnambe
declares To have been the motive for its formation Ii
with every poser Congress has power declare il
is unlmiiel power Ii Congress should declare an an
lust war-a war of mere aggression and ambition
spunging solely from ust OF acquisition and poxer-hov
the OF Congress might be questioned for hay
ing exercised the ends for such purposes
II would be lawful declaration Of war-a Legal though
JUS exercise Of power Congress 10 authorized levy
dutes and N the Of that power they ought TO levy
them with just regard the interests of the whole
try but beyond all doubt Il Congress should pass Low
by which those articles that the interests Of the country
qurn should duties levied upon them should be let
free and articles which the interests OF the country
should in free should be subject a heavy duty
Congress would most vrongfuy have used the power
hded TO them but the power could not be impaired by ha
consideration, and the law would undoubtedly be valid
ap-Unjust, II Is true because unequal and unfair but ye
binding and obligatory act Of legislation, because within the
graned power.
STR the President ia his veto message has referred to two
nslanoeso the only two in which grants OF land mad,
for purposes similar 70 those contemplated by this bill
wish to das the attention Of the Senate the circumstance
under which those two bs passed A he has called
attention. IN the veto message, to the fact that those bills
were passed macy years aer the constitution formed
beg 70 remind the Senate that they passed at least
many nearer TO the formation OF the constitution than
the year 1854 and the value Of act exposition
Of the constitution, depends upon nearness its proximity
10 the time when that instrument formed, certainly
have rgst claim any superior advantage for the expo
siuon give these, given they were,
by many years the OF the constitution itself And !,
must be remarked further that the time when these
the sc for the Kentucky and for the Connecticut for
the deaf and sumbweo passed in 1919 and 1896 the age
still presented to who concerned in making
the constitution who contemporaneous with
some Of whom occupied both branches Of the national
Legislature.
Nos, how those passed The fret act that Of
1919 grantng land for the benefit Of the Connecticut asylum
for the deaf and dumb originated in the House Of Repre-
sentsves On tie second reading March l. 1919 MIR Bas.
set Of Virginia, moved Its to Committee Of
the Whole but the motion was lost. Mr. p r. Barbour