Washington sentinel. [volume] (Washington [D.C.]) 1853-1855, 1854-07-02

improve the value of the remainder in the imme-
d!a'e vicinity, with grant for school, or a hos
pilai, or any other local object in remote State
where 1t could have no reference to any such i'm
provement The distinction must be clear and
paipapie 10 The most common understanding.
All The grants which have been made, except
two (ior speak not of the retrocession Of refuse
lands oil IennesseeD were designed 10 fall under
the execution of this granted power; and those
| Two are entitled 10 but little consideration. The
nrst was 10 the corporation of the asylum for the
deai ana dumb at Hartford, in Connecticut. That
| was Inc hrst institution for enlghtening the men,
lal darkness of that class Of persons i'm America
~ opened the word of knowledge to them, and
placed them among the ornaments of society. Ii
was hailed by humane and generous public as
II II We're raising them from the dead A bin was
introduced into Congress, granting The institution
township OF land and just AT the close of the SEES
zion IN 1919, II passed. The ayes and noes were
not called In either house. Ii was the outpouring
Oh sympathy, and not an act of deliberate judg.
ment' NOT long afler in 1926, a similar grant was
made TO similar institution in Kentucky. The
same causes produced the same effect strength
ened now by the precedent which had been set
YET not without some of the greatest names in the
country against 1t upon the constitutional point
whlch even then, under those Giro INSTANCES, could
mol De entirely suppressed. Such are the two
precedents, and TO my mind they are entitled TO
no weight against the clear and manifest intention
OF The Constitution.
Mr.. BELL. Will my friend from Connecticut
feel annoyed if l ask him question now, or will
he prefer that should wait until he gets through!
MT. IouCEY. will yield now if the senator
desires to ask question.
Mr.. BELL. ! wish TO know wha, becomes of
the proceeds OF that grant If i was clearly I'M
constitutional? | ask this as judicial question
under the Constitution.
| Mr.. TOUCEY. Mr.. President / think il will
be very likely IN this case TO be as it is in almost
every case, what goes from the government very
| seldom returns.
/ Mr.. BELL. Is the senator's answer that the
Judiciary will sanction it, that there is no effective
recourse TO recover what he considers an uncon-
stitutiona grant2
Mr.. ToUCEY. I say that, in point of fact,
what goes from the government very seldom re-
| turns. The power to dispose of the territory and
other property Of the United States, and to regu-
late II, IS, equally with all other powers. subject
TO the limitations of the Constitution. Not only
the context but the whole instrument is TO be
| taken into vlewin constituting this, as well as every
other part of il. This is settled rule Of con-
suction, applicable TO every contract well TO
every law, where you seek for the intention of
| those who have made il for themselves or for
others rule of action. And when you find an
intention, or restriction, clearly and necessarily
| implied from the nature and character of the in
strnment, or any offs provisions, is effective
| as II declared in express terms. This power,
therefore, is subject to every express and to every
| implied limitation which may be found in this or
| in any other part of the Constitution, and the
whole instrument, its nature, its character its OBJ
|
and scanned in order TO determine intelIigently
| the true meaning of its parts Hence the neces
| sily of observing carefully the limitations aud re-
strictions of the power of taxation and the power
OF appropriation, in order TO ascertain the condi-
ton OF the property brought into existence, or
| into the hands of the government by their exer-
else, and the nature and extent of the power
which is designed TO operate specifically upon
that property. If the power to tax and The power
TO appropriate both strictly limited 10 the con-
| he pOv ant il
seem TO follow as necessary consequence that,
if the restriction not designed to be nugatory
the property which is the result of the exercise of
those powers should itself also be restricted 10 the
same purposes. If tax had leen laid TO buy
navy, and the money raised appropriated to that
object, and the navy had been purchased, if then
il could be sold and the money received for it APP
propriated 10 any and 10 every conceivable pur-
pose, il would be quite obvious that the restriction
upon the power to tax and upon the power 10 APP
proprate would be not only nugatory but worse
than trifiing, it would be deception and mock
cry, fit only TO caoe and deceive, while the money
power of the government would become unlimited.
This power 10 dispose of the territory and other
property of the United States applies equally TO
every species Of property belonging 10 the United
States. In the first place, II applies TO the public
lands. The principal source of this propertyis
taxation. The money is drawn from the pockets
of the people, placed in the treasury, and then
passed into this form, subject TO the disposition Of
the federal government AT the date of the Con.
stitution of the United States were the owners of
| the territory northwest of the Ohio on which i'm
mense sums of the public money have been ex-
pended. II was SUBJECT TO the condition that il
should be held common fund for the benefit
OF all The States, according 10 their usual respec
| tive proportions the general charge and ex.
pendlure And, let me say TO the honorable sen
ator from North Carolina, (Mr BApGER) il is ex-
acty applied when il is applied TO the constitu-
| tiona purposes of the government, whether in
North Carolina or in California. Al the same
tfpna tha ffuI Slofa h. -.
| territory in the southwest, containing thirty
five thousand square miles, or twenty-four
million four hundred thousand acres which
had been acquired by the revolution, and was
| organized as "the Territory of Mississippi
by act Of Congress, passed in April 179S
! This is the, territory, the existence Of which
was denied by the Senator from Ohio, Ma. CHASE,
| on former occasion. Upon these lands, Also
large sums OF money have been expended. -Four
years afterwards, in April, 1902, the United States
| acquired by cesson from Georgia. for 81 $50 000
and other large considerations, an extensive tract
north Of the territory Of Mississippi, and subse-
quently annexed 10 il by an act congress passed
| In March, 1904. The territory of Louisiana was
| purchased of France for Sl5000,000. The Flori-
| das were purchased of Spain for s5,O0O000 New
| Mexico and California were purchased of Mexico
for sI5000000; and an assumption of more than
So 900 600 OF debts Within these limits are COM
| prsed all the public lands now belonging 10 the
United States, except those held for special uses
| None remain in Tennessee acquired from North
| Carolina. In addition 10 the original purchase
money, many millions have been expended from
the treasury TO extinguish the Indian title many
millions more for preserving, surveying, improv-
| ing, and managing them. The contents Of the
federal treasury have passed into these lands and
are now represented by ihem.
In the second place, the power Of disposirg of
the territory and other property Of the United
States applies TO every species Of public property
held for the special uses OF the government. II
applies 10 ships Of war and other public vessels,
10 navy-yards, forts, arsenas, magazines, arms
and military stores, oustom-houses and light. |
houses, the mint, the capitol, and other public
buildings, and all other property of the United
States Of similar character. This is a large item
and this power applies equally to this species of
| public property and to the public lands.
| In the third place, the power TO dispose of the |
territory or other property belonging TO the United
States applies to the gold and silver coin in the |
treasury, TO all The moneys OF the United States |
TO all debts due TO them, and 10 all their securities
Of every description. Properly is word of CON-
| Ia - ri