The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-05-27

I u Z
IN maniesung some measure OF sympathy with human
suffering Those aiso for Objects OF
and charity. And now ask once again. it constitu-
ona to relieve the distressed and starving people of for
egn nations oy appropriations Of money and the employ
ment OF gossrnment shpsl and is it unconstitutional To
alleviate tho INDECENT and distressed citizens of
country by grant OF the public lands the several States
for that purposes The absurdy Of the proposition implied
in the inqalry furnishes its most significant
constitutional question IL to bc regarded prac
cay and fully settled by cotemporane0us legislation and
by long series of successive legislative acts involving the
question: acquesced in and approved by all the depart
of the government would seem that this question
had been settled beyond controversy Grants of the public
lands to particular States for specific Objects and for almost
every conceivable purpose mark the history of your egs
ation from early period after the adoption Of the
tuition. Aside from original reservations, there
standing upon your satue-books than hundred
acts running through period of half century making
and regulating grants OF the public lands to particular States
for educational purposes alone than fifty for pur
poses Of internal improvement than twenty-five for
State and county seats saying nothing about nnumeiablc
gregae OF grants the States and Territories
the close OF the last fiscal year, according the
port of the Land Office, to mere than one hundred ana
twenty millions of aces, and for almost every variety
OF object much larger has been granted, IN
instances single States than the whole amount embraced
in this bill for distribution among all the States These
have been passed by every Congress- and approved
every President from early period OF the government.
Out Of the hundreds of acts which have passed the Two
houses OF Congress, running through every administration
from the beginning of the present century, granting lands
10 certain States for different pupones one within my
recollection research has bean arrested by the Ex
ccuve veto till this present instance The exercise of the
power and the purposes of the grants have been limited only
by the judgment and discretion of Congress questions Of
expediency Among the vast number Of bills Of this de-
scripton is il somewhat remarkable that the should
fall upon the first bill of all this series Of which makes
grant Of land directly for the benefit Of all the States
just and equitable proportions, and for object of great
and conceded merritt BILL too, which, to the extent of
relief from the burden of taxation for the support of the
INDECENT nsane carries its benefits directly the whole
pcopei If this bill is unconstitutional, pray tell what
prdh haat ASpd
And tell me, furthermore wherein is the distinction TO be
drawn against this measured If those right
wherefore can this be wrongi
am of the argument in favor of The
sutionaity q the large grants which have been made
portion of the States for educational purposes internal inn
provemcnts, State end county seaso grants of salncs
and Of swamp lands to the States in which they are
and which have actually acanped good portion of your
public domainof your grants of alternate sections for rail-
roads, and OF your proposed grant of hundred aud sixty
of land for actual settlement and occupation each
one Of all the poor and landess. well aware that all
these grants justified upon the assumption of compen
sating equivalent TO the general government by the
HANGED value of the residue of the lands Admitting this
assumption to be in point of actwhich actual expe
rience has shown to be otherwise in many nsancesthe
argument goes only the icy and not TO the poor of
Congress to make the grants We considering
the question of constitutional The point is, whether
the power exstsnot whether has been properly inn
properly exercised This very argument this plea Of us-
hcaton, if may call it, admits the power its fullest
extent The power which grant lands for university
in Mississippi grant lands for university in Vermont
The power which grant lands for railroad IN Illinois,
grant lands for railroad in New York. The power
which authorizes to grant lands for any specific object
every State II you have power to grant lands for the
benefit of the INDECENT sane the so-caled homestead
BILL you have certainly equal power to grant lands for the
benefit OF the InsgeD insane IN this b IL there be any
distinction principle against this BILL would like
have pointed out II the power exists at all, 1t exists
without limitation to particular States to particular
objects II the power exists at ALL the extent to which 1t
shall be exercised and the purpose for which shall lac
exercised exclusively the discretion and Judgment Of
Congress- with whom under the constitution the power is
lodged The inquiry with them is IN reference TO any
measure Of this Sort Is II expsdient II properis
rght-does the public interest require twill the public
good be advanced by it, Whether given measure be
pedent not, whether Congress have constitutional
thority pass presents entirely distinct and inde
pendent questions The depends upon considerations
Of public policy Of public interests the other depends upon
/ the construction Of the constitution,
Mr.. President, readily admit the claims, the superior
claims If you please of the States large and liberal
grants of the public lands for internal improvements for
educational and many other purposes This admission Is
made upon the ground OF the greater necessity IN their
not because Of any constitutional limitation OF the power
which would restrict make gr TO the land States
only. Entertaining and acting upon these views am able
standing here, say my friends from the rev States
that have pretty uniformly voted for about everything
asked for and your demands have been neither few
nor smal's have done SO a matter OF expedency--as
of justice, If you please 30 TO have itas matter
Of the pressing necessity growing out OF your pecn
liar position and rising empires this great repub
lie Of have done 50, however, without, by any
means, admitting absurd doctrine that the cons,itu
ton coners Congress authority 10 do for and
your States What may do for any and for every
other State 10 this Union II the constitution coners pow
er upon US grant lands the States for internal inn
proyement educational nd other purposes II coniers equal
power upon the thing Tor all the other States
But whether would he cxpcdept and wse and proper To
do il to the in The tho other
depend upon the different circumstances and copden Of the
old and the States and belongs 10 Congress to make
the observation-disclosures decide which require the more and
which the lees. The whole thing Is resolved into ques
ton Of expediency Of policy Of public interest," and rests
altogether in the sound judgment and discretion OF Con-
eress There may have been great deal Of mpolue and
legislation reference to the disposition Of the pob
lie lands Congress may have pursued unwiso policy
upon this subject il doubeas has upon many other mat
but that docs affect the question Of their eQnstu
tona powet Although the constitution eoners upon Con-
gress all its legislative power, canpot prevent its inodi-
In other words, nludleious and unwise
legislation by implies want Of power, OF viola
ton of the constitution.
Mr. President II This b now before u.s. and which is the
only that years has looked towards extending
impartial and evcn-handed justice all the States Of this
Uniopwhich the first practical recognition of the right
OF the old Statcs the hrstbpn Of the revolution, to
share directly IN the grants Of the public domeinn ths
BILL equitable general, impartial and bepchoent
ts operations this bill IL fall under the Executive Veto
the ground that Congress has transcribed its consttu
tioua authority in passing such BILL how many bills, will
anybody tell me- has Congress passed for the grant Of
lands in which has transcribed IL constitutional
thortyi Can any grant be constitutional II 30, what and
how and TO whom and for what purposef The answer to
these inquiries may give light upon the subject "
this bill is Infringement upon the constitution, hazard
little in saying that you have act granting lands for
purpose upon your statutes which does not commit
quite asgrant nfecton upon that instrument If this
il unconstitutional what becomes Of all your pending land
bils-your homestead b,ll--your DISTRIBUTION bls-your
railroad bIIsthe Pacific railroad, aod ALI II this bd fails