Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1854-05-06
MR. CLINGMAN'S REMARKS on THE BILL
GRANTING LANDS FOR THE INSANE.
HorsE OF REPRESENTATIVES, April 90, II


SIR: In the notice taken BY your reporter OF the
proceedings yesterday the bill for the renei Q,
the insane, he seems totally to have misunderstood
the position taken by me. AS the measure was
pressed through under the previous quesuon, ana
no fair opportunity afforded for an examination OF it
details request that you will copy the report o.
my remarks it appears IN the utooe Oh 'ouay, -
that your readers may see tho GROUNDS Of opPosion
to the DILL:
s;ness manifested by gentlemen. Ibid not intend to
occupy the time of the House more than single
moment when first arose and addressed the Chair.
desire TO know if the bill does not contain certain
limitations upon the States with reference to the
mode of dsposing of the money; in other words,
whether it does not, as it stands VIII not trouoe
the House by having it re-read-Tequlre1 the ota:es
to cxpend this money in particular manner, as IN
i,eated in this bill? ] understand the gentiema"
from Illinois Mr.. Bsselil to admit that It does.
Nv opposition then, would say, rests upon these
features of the bill. Twill waive the genera cues
tion Gentlemen may take it for granted that Con
oress has right to give land to the States ana III
Vide it among them according to the federal popu-
Iation or any other equitable mode. i am now IA.
king no exception to that principle: L hoia tlia'
when YOU do it, when you give land to the otates
that YOU have no right to control their expenditure
of what becomes theirs absolutely by your glft-at
ony rate to REQUIRE them to do what this government
itself cannot consttutionally DO.
For example in order that gentlemen may under
stand nv point-and shall be gratihcd If they can
meet it hold that this federal government mas no
jurisdiction over the lunatcs or raupers IN NoT'n
Carolina nor any right to take care OF tnenn tha1
tbis government has no authority, under the powers
piven TO it as federal and limited government, TO
iegsate in this way for either the lunatics paupers
negroes or any body else, in the States; but mat
it is matter which belongs to each State exclusive
" If therefore, this bill proposed to give lands OF
money and to appoint set of federal officers to go
into the States and take of the lunatcS pre-
sumo that most of the members OF the House "ouiu
saw that the government was exceeding Its powers
oI,t0I hat
rioht to appont set of federal officers to go into
the States and take of the poor the unatlcs OF
any other class. 3,
But does not this objection apply with equal force
to the pending proposition? As the Dill IS no"
framed understand it merely makes the States
agents to carry out its provisions instead OF having
it done nv the federal officers. 1t IS so framed that
the States under it will take the money under an
obligation to use it in particular manner p"lnte a
out in the BILL and in fact, to use 1t to effect what
the government has not particle OF authority 10
carry out 1t requires, too, believe the States TO
make returns from time to time as to now they are
spending the money, just exactly as an oFerseer
would do upon plantation 1t degrades the States
therefore by making them the mere agents OF the
general government to do the will of the govern
ment-and that will, too, being violation of the
constitution of the United States, which plainly Inn
its its powers. IF the government by the constltu-
tion had any authority to do such thing, possibly
it might be contended that it could effect its object
through the agency of the States. But If the gen
eral government have no such authority, 1t Is equal
Nv clear that this whole proceeding is wrong, wheth
er it appoints the States agents the federal Off
GERS therefore rest my opposition to the bill up
on the ground thus briefly stated.
I shall Weld this floor III a moment, and then the
gentleman from Illinois Mr.. Bissell can either move
to lay my motion upon the table, or he may discuss
it, or any other gentleman may take the floor My
opposition to the bill rests upon this ground, but
there may be other objections to it.
l should be glad to hear from the gentleman from
and 70 no hnlIn in he
doctrine that this is government of limited powers,
and have doubt that he holds that we must act
under the constitution according to the power grant
ed to the government by it. If the gentleman can
show me that there is anything in the constitution
which will authorize to take of the unatics
in the States either by donation out of the treasu
~ or in this mode, l might vote for the bill. do
not think he can do so, however And yet the bill
is framed to make the States mere agents to
enable the federal government to violate the consti
tuition, to which it owes its existence.
When got up did not intend to occupy more
time than might be necessary to indicate the grounds
of my opposition to the bill. AS question of ex-
pedenry, need not say that regard with favor
proposition benevolent and charitable as this
measure, and should be pleased to see it carried in
to practice if it could be constitutionally done.
To illustrate more clearly the principles nvolved,
/ would further state, that two views have been ia
ken as to the mann in which the government holds
the lands. By some persons it has been contcnded
that the ceded lands were originally given to the
government to pay OH existing debts and that those
debts being discharged, the remains of the lands
might equitably be returned to the States Of the
Union. If this theory were true, then the States
would take the lands or their proceeds absolutely,
and might dispose of them at their will.
For example: if ], trustee for individual,
shall sell his lands and apply the proceeds to pay
off outstanding debts, would be bound if
plus remained, to pay it over to him. Suppose that
should say that l would not pay the money to
him unless he would enter into an obligation to in
vest 1T in sx-percent stock, and apply the interest
annually to support his wife and educate his chill
dren, and annually make return to me of his mode
OF spending the money: he would at say to
me, that the money his absolutely; that he
could not allow me to interfere in the management
OF his family matters; and that he could not con-
sent to be my agent, and thus admit my right to
control his domestic affairs. Does not this
sembe the one made, as to the States, by this bill.
Ii, on the other hand, it be maintained that the
federal government has the absolute right to the
lands just as it has to the money of the treasury
then it nevertheless is restricted in the objects
within the scope of its powers. 1t has right to
devote either money or land to effect demonstrations
al objects. Nobody, think will contend that it
has any authority to take of the insane in the
different States, either through its officials
by making the States agents. This is not bill to
distribute either land or money among the States
1t is merely authorized assumption by Congress
cral States. For such act it has not in my jude
ment, color of constitutional power. $50
Respectfully,
T. L. CLINGMAN.
kf,,l1ry I.E1