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


CATION should meet the objections of the President as
We understand hem upon their merits and that no at
tempt should DC made 70 resort to questions Of words
no effort 10 withdraw the attention Of the the
ry ifom the principles which really stake; bat that
on me contrary dissegardng all minor TOPICS putting the
daeetles OF verbal criticism entirely aside We should CON
sder fairly and respectfully the objections which the Pres
dent mas e his duty 10 make, according their sub
stance ana intended import That duty shall endeavor TO
discharge IA Inc manne and with the spirit have indicated
This belongs to my position member of this body and
this would not wiuly disregard If did not occupy ha
position.
Ill understand tho message of the President Of the Unsd
States Alright he objects 10 the passage the bill
for the INDECENT insane upon the ground hs Congress
has power under the constitution TO devote any portion
of The public domain TO the purposes indicated IN the bill and
the place. If the bill free from that objection, ii
the constitution did authorize application ola portion Of
these lands TO the general purposes specified In the BILL yet
ihis "a obnoxious TO constitutional objection. be-
cause the subsidiary provisions Of the BILL which undertake.
TO carry out its general object, unconstitutional
authority and interfere in improper manner with,
those local concerns which, under the constitution, belong
exclusively TO the States
Now, Mr.. President with regard the first questionof
the general constitutional powe to that there
several considerations adyered by the President in
his message, which may be laid entirely aside. II is mani
fest in the FIRST place. that claims the power
of Congress TO dispose of the public domain under the first
clause of the eighth section of,be first article of the consu
on which gives Congress the power Of laying duties and
imposs, and other taxes therefore, is matter entirely
mmateIa to the present discussion whether the expression
provide for the defence and general wefarc
following that grant OF power to be considered In tho ma
ture Of grant, enarging and in addition to what
previously expressed or as limitation upon the power
axaton directory provision TO the ends for which
the money raised shall be applied to.
Mr. President IN the next place, or this part Of the CASE
we are troubled with no investigation about what are or
what not the reserved rights of the States because when
speak Of the reserved rights Of the States Of the ndvid
ua States the separate members Of the Union, mean
rights which belong them their separate capacity and
which could have been exercised by them separately but
for the creation Of the Unl0n and the establishment OF the
constitution which followed ii but right could exist
any individual State dispose Of the land other prop
ery belonging to the United States Indeed, until they
became he United States" there could be such thing
as the possession OF properly by them IN that political char
acter.
Therefore think these preliminary difficulties suggested
and thrown out in The message may be laid aside The
power the public domain, whatever It may be, - con-
fered by distinct provision OF the constitution. II does
not fall in with the enumeration of legislative con-
tanned IN the first article Of the constitution which relates 70
the organization and authority OF the legislative branch OF
the government II conferred IN the fourth ar-
Gle Of the constitutions power conferred after the constu-
has made all it's general with respect TO
the Legislative the executive, and the Judicial branches Of
the In this fourth article containing various
miscellaneous provisions IN the second clause OF the third
section, the constitution gives the power whatever Is, IN
these words
"The Congress shall have power dispose Of and make
all needfu rules and regulations respecting the territory or
other property belonging United Sates and nothing
in this constitution sSa be so construed as to prejudice any
claims Of the United States, of any particular State"
The last words contain the only provision Of restriction,
limitation, qualification the power which was granted
the previous words of that section What was meant BY
that publication We told by Mr.. Madison, in the
Federss that what referred to by that provision ana
what rendered that provision necessary were certain ea
ousies and questions in the States respecting the western
lands TO which, well known, conflicting titles and claims
up Therefore, the only effect meaning, or intent
that be possibly assigned to 10, that nothing IN this
constitution shall be construed to prejudice any claims
any particular State any portion of territory then IN the
Of the United States to lands claimed by dn
cren States and thus conne the whole operation OF tins
power to what rghtfuy the property OF tho United
States such. .
Every word in that grant of power is worthy Of consider
SpOken OF
the property of the United States" The Congrsss shall
have power TO dispose o"leaving out me words about
present inquiry. The Congress shall have power to ds.
Of the territory or other property belonging .
Suites" The territory, therefore, treated as inc
of the United Sstcsn l, is the largest word that can be
used express dominion ownership title tbs used IN is
appropriate legal sgnhcaoD not expressing merely the
subectmaer which any title is supposed to exist but
the very title dominion right Of possession, control, and
enjoyment in the territory II is as the property OF the
| United States that the clause provides for It,
Now SIR the United States, thus owning this territory,
had what Why they had like every other owner the nsht
dispose ofthe jas dponsmdhe essential attribute OF
true ownership, without which property IN cannon
proper be said to exist for IN sctnsss there
who competent set he must have power TO
dispose Of what he this power was IN the untsd
States IN It's fullest sense az the true and absolute owners
Now what disposition have the United States made Of
this their property They have granted to Congress me
power dispose oft. The JUS dpcnsnd whatever II WIS
that attaches ownership, and which belonged TO me
Unted Ses in their political capacity as the owners by
the United States IN their consuuton acvoVeu oPon Soh
i gress, without imitation Of any kind whatever
IL il not manifest then Mr.. President, that when the
question with regard the Of under
the clause stands 10 the constitution, they VINO shfm
that there any particular limitation upon TINS power OF
disposng bound to show III The power excussveD
Congress From the very nature Of the case, could no
have been cannot be exercised by the individual States
would therefore absudty suppose that could
form any portion ofhs rights reserved 70 the States
power which exists somewhere. In the very nature OF
The case Il must exist somewhere Ii belonged to the po
6ncs sovereignty designated 'ihe United States OF
America and these United States have devolved that power
by the Of this grnnt the Congress OF tne
States II not question about disputed power fnnot
an inquiry Of interpretation We not engaged IN inves
gsng whether deduoc infer over the pub
lands falling naturally, and appropriately ana nsoss
sarly within power that expressly granted Ihcre
Is an express grant in terms, Of the powerthis whole
DO uer-to Congress- This power IN the United States,
and never the State sovereignes such, and thus power
by the constitution vested exclusively IN Congress" WIN
out any declared qualification. .
Mr. President think that rule LAID down by Mr. 1al-
houn in posthumous work upon government IN renuon
another sncct furnishes very clear and sac grouna
for interpreting this grant Of and supports me
view have taken. On the 2o2d page Of his ue"nse ne mus
Il srprcsses himself
"Thore is very striking difference between the manner
in which the treay.mskng and the awmsk'ng power,
s strict .ense is delegated which deserves notice The
former IL vested President and Senate BY few gem
ersI words without enumerang specfy,ng particularly
he pover delegated The constitution simply PROVIDES
that he shall power by and with the advice and con-
sent of the Senate make treaties provided wo-hirns OF
tho senator's present while the legislative powers
vested in Congress are, by carefully enumerated
and specified The s 70 be found IN INC fsc hA'
the treaty power vested ,,easrey IN the govern
ITs.,~d ard