Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1854-05-27
SPEECH OF MR.. BUTLER,
OF SOUTH CAROLINA,
ON THE INDECENT INSANE BILL.
In THE SENATE, MAY 16, 1854.


The bill making grant Of public land to the several
States of the Union for the benefit Of INDECENT insane
which had returned the President of the
United States with his objections, being under conside
ration
Mr.. BUTLER said Mr.. President, the measure before
the Senate has passed both branches of the Legislature
and has been returned this body with the message of
the President for its reconsideration Il is which
involves important doctrines although the immediate
question before the Senate is not of very great import
ance If the itself to stop by the appro
priaton Of ten million of the public lands what
IS equivalent in my estimation Of O00 do not
know that il would be which would deserve the
sderaon which has been bestowed upon it, but which
think clearly entitled to- from the process by which
it has again before this body The President Of
the United States has brought the before u.s.
der his constitutional authority, contained in the fol-
lowing clause Of the Constitution:
Every bill which shall have passed the House of Repre-
and the Senate SHALL before it become law
presented President Of United States he approve
he shall sign it, but if not he shall it, with his obec
ton that House in which it shall have originated who
shall enter the objections Mt large their Journal and
Deed TO reconsider it. IT. after such reconsideration, two
thirds Of that House shall agree pass the BILL II shall be
together with the objections the other House. by
which it shall likewise be reconsdered ard If by
two-thirds Of that House it shall become a law"
So that measure become law unless it has
passed the separate branches Of Congress and has recev
cd the joint vote of both become law unless
it has received the of the President In this case
the President of the United States has thought proper to
put his negative upon the which is under con-
sideration and has given his for that negative
This negative cannot have the operation of Veto like
that OF the Roman tribune standing in the door Of the
Senate house. 1t is but mode, depending on the will
and judgment Of the Executive Of requiring the legisa
tive department to review act and, under this grave
and deliberate process OF proceeding the Senate called
on to assume jurisdiction and perform the functions
of appellate tribunal to decide between the President and
ITSELF make decision, under the authority of para
mentary law the construction of the Constitution not
fha nf nfh INIT into fho
constitutional interests of a common constituency.
As understand the ground upon which the President
mainly rests his objection to this bill it may be thus
stated The power granted by the Constitution dis
of and make all needfu rules and regulations
specng the territory other property belonging to
the United States the President regards giving
Congress power to dispose Of these lands in disregard
OF the express implied limitations of the Constitution
contained in other grants of that instrument; and the
attempt to dispose Of the public lands for local purposes
such to provide for the support and benefit Of the in
dgent insane in the different States is providing for OBJ
lects which peculiarly fall within the jurisdiction and
cognzance of State authority In the powers granted
the Federal Government must look for it's jurisdiction
and any power function Of Government that does not
fall within this jurisdiction cannot be claimed by it under
assumption Of its advantage to the States under
the dictates of discretion however wise and proper it
might appear in any particular instance, however
Objectionable II might appear in its immediate
quences Philanthropy may not be an invading enemy
but if it should be allowed enter the citadel without
license, il may be dangerous fren1, it may make
breach that cannot be guarded from future encroach
and 1t cannot be too often repeated that all pow
not granted in the Federal Constitution have never
been parted with by the States without express reserva
Ion such must be the from the design and actual
structure of the Government. The federal authority is
entirely dervatve agency under limited constitution
the meaning and construction of which be attain
ed without referring to all its parts One single clause
would not afford sufficient key to open the doors of diff
ferent departments. ,.- .#a..@-
Ny friend from North Carolina Mr. BADGER. J who
mi de md bis cnb
has conrovered the general principle recognised in the
of sne padout by taking dstiaet posi-
lions, which resolve themselves it to me- into
but, may misstae him, shall presently refer to his
own remarks. As understand the honorable Senator
from North Carolina, he has taken the broad ground,
first that the power of dsposng of the public lands may
be separated from that power which is connected with it
the Constitution Of making rules and regulations in
lation to the public lands and, far regards this
discussion, he hashough proper to confne himself to
view without referring the other and for the pur
pose which he had view this mode of treating the sub
ect might suffice By narrowing the words Of the clause
he may thereby enlarge its import to the tenure
Of ownership but it may exclude the words that give
something OF proper qualification still increasing my OBJ
jectons the construction Of the fair meaning large
instrument by confning attention single clause.
The next view which he takes is that the power "o
dispose of the public lands having been devoved upon
Congress by the States under the Constitution it is
power exclusively vested in Congress without qualf
cation and therefore without limitation. And in the
third place. if understand his proposition is power
sIcLuSly vested III Congress- therefore Congress has all
the power in regard the subject which originally be-
onged to and appertained to the States from whom the
Constitution emanated and hence Congress is the sole
judge Of the purposes and objects for which the public
lands shall be disposed Of In other words his PROPOSE
ton is that Congress has limitation upon its dis
creton upon its Jurisdiction, to correct
phrase than is to be found in the positive prohibitions of
the Constitution That may not misstae the honorable
Senator's remarks, l will read them from his reported
speech, find it in the Globe. He quotes the article
from the Constitution and perhaps should quote it here
before advert to bis remarks The clause upon which
he comments in the remarks to which shall now adj
vert, is:
"Concress shall have power dispose OF and make all
property belonging the United Staes and nothing in this
Constitution shall be construed as to prejudice any claims
Of the United States Of any particular State"
In relation that clause of the Constitution the honor
able Senator from North Carolina made the following
marks and laid down the following propositions:
every word in that grant Of power worthy Of consider
alton In the first place, the is spoken of
.he properly the United States. The Congress shall
have power dispose oeaVng out the words about max
ing regulations, which way material the present
inquiry the Congress shall have power dispose Of the
territory other property belonging to the United States
The territory therefore, Is treated the property of the
United States 1t the largest word that be used
press dominion, ownership title. 1t is used in its appro
pirate legal Specification, expressing merely the sub
in which any title supposed exist but the
very title, dominion right Of possession control and
the Territory. 1t is the property the United
States that the claus provides for it.
Now sir the United States, thus owning this territory,
had what? Why they had like every other owner the right
dispose Of 1.-THE JUS dponeaothe essential attribute
Of ownership without which property in thing
not proper be said exist for in strictnes If
there be who il competent TO act he must have