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

asylum for the deaf dumb ind upon referring TO Gales
Seatons Regser Of Debates thst on me zosh o. Msiyh
1896 when the Senate proceeded 70 inc u a
/ bill;
mMr Cobb objected I. the bill principle,
stutional grant of common properly for partial or local
purpose and argued against the bill on that ground.
IA debate Of wide extent, and considerable duraon en-
sued on the merits of the bill and the validity Of the oblec
tons made by MIR c., and OF It's details The
bil was supported by Messrs Rowan, Johnson of Ken
lucky Benton Barton, Eaton, Holmes Lloyd, Mills, Ed
wards, Hendricks, and King"
| After debate, that bin was passed by vote Of yeas
y-seyen TO nays six j wish call attention TO this
| fact;
''Mr Cobb objected the bill principle, uncon-
stlutonal grant of property for partial or local
purpose, and argued against the bill on that ground"
Then il was either conceded on all hands at that time
that If that bill had been general and equal IN ITS appheaon
IL would been constitutional the debate must be-
sides these Matters have embraced the question whether
such grant would be constitutional IT general ana equal
In the former there would have been general ac
auiescenee of the Senate the eonslituonaly OF III, IL
had been for general and equal purpose throughout The
United States and not local and partial Ana IN the other
case there was judgment of overwhelming ority
that constitutional, Notwithstanding It's being local
and partial Now sir among those who voted in favor of
that bill find the following will read them all
will undertake TO read some names which carry great
weight with me but will read the of some gentle
men kno an for the democratic party then and
afterwards Take notice that this after discussion
it after repeated discussion and after debate Of
wide extent and considerable DURATION" Among the yeas
| find the names of Mr.. Benton, of Missouri; OF Mr.
Dckerson, of New Jersey of Mr. John H. Eaton, OF Ten
nessee of Mr. Johnson, of Kentucky; of Mr. Kane, of
Illinois Of Mr. King Of Alabama pr late Vice President;
and passing several Others Mr. Rowan, Of Kentucky
| Mr. Hugh l.. White, of Tennessee and Mr.. Woodbury.,
of New Hampshire, late Judge on the bench Of the su-
| prcme Court of the United States.
| Mr.. BUTLER Will my friend read the of those
who voted against the bill
MIR. BADGER. The nays were Messrs. Branch of
North Carolina Chandler Of Maine Chase of Vermont
Cobb Of Georgia, and Harper and Hayne of South Caro-
lima.
Thus, in 1896, nearly thirty years the adoption
hvb
which have stated In the House Of Repre- senatves
also the and nays taken the passage of the
p "a ana passed oy yoe iso a. Among Inc yeas
in the House, since this body afterwards the head of
the State Department. and minister at the Court Of
St James Mr.. Cambrcleng of New York. then eminent
member Of the democratic party Mr. Livingston of
Louisiana, MIR. McDuffe, of South Carolina Mr. McLane
of Delaware, Mr. Polk-James X. Pok--of Tennessee
MIR. Saunders of North Carolina and Mr. Wickliffe, OF
| Kentucky.
Thus. sir that BILL after discussion in both houses in the
year 1896 passed in the Senate by of 81 g. and
IN the House by vote of 100 A. and what array OF
names supporting both constitutional and rightfu
application of the public andsi Why, sir President of
the United States, Supreme Court Judge foreign minis
heads of departments persons high in The confidence
OF the democratic party members of the cabinet of General
Jackson men of the highest character, strict construction
lists Who more eminent for that than the late Mr. Nc
Duffee Who more eminent for that than William R.
King than James X. Poki
4 Why, Mr. President if place any reliance
thority if imagine that it is possible exposition
may given clause of the constitution by the concur
rent judgments of the abest and best country,
we have got 1t, seems the proceedings which
took place upon the bills which the President has
referred Can be said that Congress has power dis
pose of the public lands the States for the benefit of the
INDECENT insane, by bill which distributes certain
OF the public lands according to certain fair and equal rules
among all the States of the Unon for the benefit of the
dgent insane and yet that in 1919 and 1926 both houses
of Congress, after dscusson should have passed bills CIV
ing institutions in States separately Grants for the
benefit OF the deaf and dumb and that they should have
been wise enough to discover them that If there
objection to the grant equal and general there must be
tia
These bills were not only passed by Congress- but
each received the approval Of the President Mr. Monroe
was President in 1919, and his cabinet composed of
gentlemen of the very first ability that this country has
produced MIR Calhoun was a member Of his cabinet
was Mr. Adams, Mr.. Crawford, and Mr. Southland. /
believe that the bill referred have been the subject
of careful consideration, when submitted the Pres
dent of the United States, the question of constitutional
power had there been ground OF doubt.
Now, Mr. President upon the general power of the gov
eminent over this subject here though shall have
incidentally occasion to refer to II again rest II upon the
unqualified grant Of power in the constitution by words
which import absolute dominion. rest tupon the fact that
1t Is exclusive power which could
existed the States and therefore could not have been re-
served % the States could any part it, upon
the practice of the government upon the opinions Of
the most eminent who taken part in it's Oebern
ons and the conduct Of its affairs who have presided
over s destnies proceed the consideration OF the
second objection
The President OF the United States suggests that the par
tcuar provisions of this bill assume some CONTROL directon
or interference with the local affairs of the States which
not within the constitutional power of this government
Now, SIR " this BILL fairly considered any control
and direction Stale this Union in the
OF It's oca concerns, IN msters reserved 10 by the constr
tuition OF the United States, then, beyond oil doubt 1t
violation Of the principles OF that instrument and hit
TO receive the sancon Of the Senate. But does ~ What
dooa dor iproposes to give these lands the several
Saiesi end the substance OF al its particular provisions is
this That the lands sold the money invested and
the Interest only applied q the support Of the nsanend
gent persons under the and ursd Of the State.
Whist power Of aStste does Il invader Does the
control and direction OF her INDECENT insane Does
deras prescribe how they shall be treated where located
who shall govern and them, the rules regulating the
institutions IN rhch they placed any requson as to
how the accounts 10 Ne settled IN those institutional Not
at all. IL gives to the State Of money,
be produced by the sales Of these lands the interest Of which
10 applied by them TO the support INDECENT insane
IN such institutions under such regulations and subject
all respects TO such control the Stat, shall proper
ercse them As had occasion say once, in
remarks made incidentally upon this subject, 1t s
invasion the reserved rights ofthe States attempt
by my honorable friend from Illinois, who sits beside Mr.
SHIELDS to myself Of $40 0t0, TO be applied for promoting
ana advancing for educating them for putting them
on, apprentices for teaching them Professions for
giving marriage portions 10 my daughters would be in
vssion Of my right control and direct my family.
Bot, Mr. President, IL there any apparent force in the
objection, how resist what has been done from al
most the Commencement Of this government have before
list Of grants Of land SH.os for various objecs
proved ofby General jackson and Mr. Polk during the
hey the head of the government, in which such
conditions conditions liable to equal objection I'M
posed.
II these acts are looked through il viii be found that Con-
gress uniformly undertakes direct what shall be done with
the property which grants what purposes it shall he
applied and prohibits s being applied n any other