Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1854-05-16
VETO 81 LsssA0Ls.

dav week .septtothe Seuatea message with his vet
OF ;he bill entitled "An act making grant ofpubi
lands to the several Staiesi EcF tie benefit OF indi
gent insane persona"
After an expression cf lis deep sympathy will
TIE purpose he actis designed 10 subserve. he pre-
ceeds ID 2 review of its details as follows. HI
says:
The bill provides in substance:
Fira Thatten millions ofacres ofland be grant
ed to the several States, 10 be apporIiOned among
them in the compound ratio OF the biographies
area and representation OF said States in the House
/ of Representatives.
/ Second That wherever there are public lands II
State subject to sale atthe regular price OF Pri
vate entry, the proportion OF said ten millions OF
falling to such State shall be selected from
such lands within it, and that TO the States in which
There are no public lands land scrip shall be issued
to the amount of their dislribulive shares respec-
lively; said scrip not to oe entered by SAID States
but to be sold by them and s1hlecI 10 entry by their
assignces provided that none of If shall be sold al
less than one dollar per acre, under penalty OF for
teiure of the same to the United States.
zHiTG. That the expenses eg nagement and
| superiniendence OF said 1sn of the moneys
received Iherefrom shall be pat1sbY the States to
which they may belong, out g lde treasury OF said
/ States. SS
! F6iirLE That the grosst proceeds of-the sales of
! such lands or andscrp SO granted shall be inVest-
ed by the several States in safe stocks to constitute
Il perpetual fund.- the principal OF which shall re-
main forever undiminished, and the interest to be
appropriated to the antenance OF the INDECENT IN
| sane within the several States.
| FTHt That annual returns oil lands or scrip sold
shall be made by the States to the Secretary OF the
Interior and the whole grant be subject TO certain
conditions and limitations prescribed in the bill, TO
be assenled TO by legislative acts Of States.
This bill, therefore, proposes that the Federal
Governmen! shall make provision to the amount OF
the value of niiliops of acres OF land, for an
eeemosynaTT object within the several States, to be
administered by the political authority OF the same;
and it presents at the Threshold the question wheth
er any such act on the part Of the Federal Govern
mert is Warranted and sanctioned by the Consti-
tuition, the provisions and principles oil winch are
10 be protected and sustained as first and para
It canno; be Questioned that if Congress have
power 10 make provisions for the INDECENT insane
without the limits OF this District, IL has the same
powcr TO provide for the INDECENT who are not in
sane; and thus to transfer 10 the Federal Govern
ment the charge Of all the poor in all the States.-
1t has the same power 10 provide hospitals and 9TH
local establishments for the care and cure OF ev-
ery species of human infrmty, and thus to assume
all that duty of either public philanthropy, or pub
lie necessity, 10 the Dependant the orphan the sick,
the needy, which is now discharged By the States
themselves, or by COrpOTateinStttuonS or private
endowment5 existing under the Legislation OF the
States. The whole field Of public benehc6d'e is
thrown open to the and culture OF the Federal
Governments Generous impulses no longer en-
counter the limitations and control Of our imperi-
Gus fundamental law. For however worthy may
be the present object in iBeIt, 1t IS only one OF
class. II is not exclusively worthy of benevolent
regard.
Whatever considerations dictate sympathy for
this particular object, apply in like manner, II not
IN the degree, to idorcy, to physical disease
to extreme deStitution. IfCongress may and ought
to provide for any one of these objects, il may and
oug ht to provide for them all And if 1t be done in
this case, what answer shall be given when Con
gress shall be called upon, as it doubtless will be,
TO pursue similar Of Legislation in the olh-
ers? 1t will, obviously, be vain to reply that the
object is worthy, but that the application has taken
a wrong direction.
The power will have been delibarativcIy assum-
ed, the general obligation will, by this act, have
been acknowledged and the question oi means and
eXPedienCy will alone be left for consideration
The decision upon the principle, in any one case,
determines il for the whole class. The question
presented, therefore, clearly is aPon the consutu-
liOnaiity and pTOpTiety OF the teGcrM Government
assuming TO enter into novel and vast field OF leg
isiatiun namely that OF providing for the care and
support of all those, among the people Of the Uni
ted States, who, by any form OF calamity become
fit objects of public phiIl ntlropy.
readily. and, ! trust tee!ngiy, acknowledge the
duty incumbent all, as men and citizens and
as among the highest and hottest of our duties. 70
provide for those who, in he mysterious order OF
Providence, subject 70 wInt and 10 disease OF
body mind but cannotlind any authority IN me
Constitution for making the Federal Government
the great aImoner Of public charity throughout 'he
United States To do sowould, in my judgment,
be contrary to The letter aid spirit OF the Consiiu-
lion and subversive ofthewhole theory upon which
the Union OF these Salts is founded. And II II
were admissible to contemplate the exercise OF this
power tor any object whaever, cannot avoid the
belief that it would in heend be prejudicial ralh-
er nan beneficial to the ndDle offices of charity, to
have the charge of them transferred from the STATES
TO the Federal Govcrnmen. Are we not too prone
to forget that the Federal Union is the creature OF
the States; not they of oftheFederal Union.
The President then prGeeds to general review
Of the formation and early history olthe Republic,
its delegated and prohibited powers constitution
ally defined the purpose of the constitutions the
construction of that purDse and the general rela-
IF tba n Ceipral Union. enter
tained and expressed by Presidents Madison, JEFF
ferson and Jackson. In he course OF this portion
Of his remarks, he has hs following expressive "a
ragraph;
cannot bit repeat what have before express
ed that if the several Safes, many OF whIc nave
already laid the foundatbn efmunifcent establish
mpnts of local benefceHe ana nearly all OF which
are proceeding establish them, shall be led TO sup
nose as they will be, sh,uld this bill become aw,
that Congress is 10 maR provision for such Objects,
Tho fountains of charts will be dried up at hotne,
and The several States instead of bcstowing taeir
own means on the social wants OF their own people
may themselves through the strong temptation
which appeals 10 States as TO individuals, become
humble suppliantS for the bounty OF the FedcI al
Government, reversing heir true relation to ms
Union.
A series of extracts fr,m The Constitution are
made with the view of Illustrating the objects for
which the public lands may be appropriated, and
the mode OF disposing OF item. He then proceeds:
constitution al grounds or grounds Ut exPediency,
between an appropriated OF tea millions OF dol
lars directly from the moley IN the treasury, lot
the object contemplated, and the appropriation oil
lands presented for my sanction. Aad yei can n,
not doubt that il the bill proposed ten mliliohS OF
dollars from the Treasury of the United States for
the support OF INDECENT insane ilhe several al States
that the constitutional question involved IN he act
would have attracted fordbiythe attention Of Con-
gress. .,
noipt of view, ii is wholly immateral whether the
appropriation be in money or in land
The public domain is tie common property OF
the Union Just as much as the surplus proceeds ol
that, and oiduties on imports remaining unexpend-
ed in the Treasury. As sach it has been pledged
is now pledged, and may need to be so pledged a
gain for public Indebtedness.
AS property, it is Distinguished from actual mon
ey, chiefly in This respect that its profitable man
agement sometimes requires that portions OF II be
appropriated to local vtjecs in the States wherein
it may happen to lie, as would be done hy any pTu-
dent proprietor 10 enhance the sale-vaiue oil his
private domain. All such grants Of land are IN
fact disposal Of it for Taue received: but they
afford no precet ent or constitutional reason for Civ