The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-06-16

latiye action within the Iimts presr;bas "a ~ h the
constitution then his right and his duty to exercise
his power. The trainers of the constitution never de-
signed that the President should inquire into the expe
dency OF every passed by Congress Congress
with all its machinery Of committees and OF IN
vestgating every uooct before it, designed alone
TO be the judge Of the expediency OF every
within its constitutional power The design to give
the President the to check the legislature
1t encroached the other branches Of government
and not make him third house Of the Legislature. Tne
President could only rghtfuy exercise the power
whenever he should regard the constitution as violated
by an act OF Congress he then eaboratey discussed
the consttutonalty % oi thi. Sl and quoted the many
purposes all Of which had received the support and ap
proval Of strict constructioniss and State rights demo-
of 1885, deposting with the several States the sur
Plus revenue This act he argued at length
though disguised under the name Of deposit and
loan was pure gift of the public money, and naked
distbation Of the revenue among the several States
Yet that act received in the House the Messrs
Lws, John Y Mason, Franklin Pierce, and Isaac Tou
cey besides other distinguished democrats In the Senate
there were but ve votes against IL He quoted largely
from the FeeTulSa TO show the absolute of Con-
gress over the disposition OF the public lnis. He read
from message OF jefferson TO Congress, wherein he
commended the establishment and endowment nation
al university. In making tho Recommendation Jefferson
said could not be done by grant of money, because
that would require an amendment of the constitution
but II could he done by granting land without amending
the constitution for the power Of Congress over the dis
position Of the public lands plenary If it were
constitutional grant land to endow college, why not
constitutional to grant land 10 asyums
He said JacksoDs veto of the land bill was much relied
on by the President and those who opposed this bill He
knew well the circumstances OF that veto. After a
long struggle the tariff, the South, who were
opposed TO the land bill, were sorely driven
the tariff He aud Others determined to relieve her.
the tariff compromise Of 49, The passage Of that
compromise was such a relief to Southern that
Immediately great change took place among them
upon the Lard blu. He felt deep interest in that bin
and though before the passage OF the tariff act there
possibility for its passage it was taken up and
passed the House by vote of ninety five to forty It
passed the Senate Saturday March second and was
sent to President jackson in the ante Of the Se
nate After It had been sent there he noticed Mr. Ben
ton leave the Senate chamber and knew gone
the President He expected veto, and therefore, with
list Of the Senator's in hand, he went round the cham
ber and felt satisfied from actu tiou of the
Senator's that the bill returned by the President
the veto would be vetoed by than third vote.
The Senate remained in session till the had risen
high in the heavens Sunday morning, waiting for
the President to return that bill; but pocketed
and the veto message delivered at the next session He
then read from Mr. Bentons book to show that hu
right in supposing that the bill was not returned
Senate then for fear 1t would pass notwithstanding the
veto Yet this veto of General Jackson's not the
main authority which the opponents Of this bill relied
In Mr.. Folks time, Congress ceded to Tennessee
thirteen thousand acres OF public land condition that
she would appropriate four Thousand dollars to
not constitutional TO vote to all the States lands
conditions that they would cndow lunatc asylum He
then contrasted the arguments of Mr.. Cass and Mr..
Hunter the former that this veto would not apply to
the Homestead, and the latter that would He feared
that the President would agree with the Senator from
Michigan and find in the prudent opretor doctrine
that constitutional to give away half OF the
pubc land to thereby increase the value of the other
half. He made q most eloquent and touching appeal In
behalf Of the miserable and INDECENT insane who to
be the objects Of this most benecent act and called
upon Senators not to forget the sacred obligations i'm
posed upon them by the Saviour lest at the final udg
ment 1t might be said unto them, /" Inas smnch We
have not done It unto the least Of these ye have not
done 1t unto mo-"
Mr.. SEWARD got the floor, and then the Senate al
journed.