Weekly North Carolina standard. [volume] (Raleigh, N.C.) 1850-1858, 1854-05-10
Mr.. CLINGMANS REMARKS ON THE BILL
GRANTING LANDS EOR THE INSANE.

GRANTING LANDS FOR THE INSANE
HoCss OF REPRESENTATIVES April 20; 1854.
To tho Editor Of tho Union:
SIR, In the notice taken by your reporter of the
proceedings yesterday the bill for the relief of
the insane, he seems totally to have misunderstood
the position taken by me. As the measure WAS
pressed through under the previous question: and
fair opportunity afforded for examination oi its
details, request that you will copy the report of
my remarks as it appears in the Globe of to-day SO
that your readers may see the grounds of opposition
to the DILL:
Mr.. CLTsGNAN. am surprised to see this unca-
siness manifested by gentlemen did not intend to
occupy the time of the House more than single
moment when / first arose and addressed the Chair
desire to know if the bill does not contain certain
limitations upon the States with reference to the
mode of disposng of the money; in other words,
whether it does not, it stands-I will not trouble
the House by having it re-read-require the States
to expcnd this money in particular manner, as in
dicated in this bill? / understand the gentleman
from Illinois lMr. Bisselil to admit that it does
My opposition, then, would say, rests upon these
features of the bill. will waive the general ques-
tion Gentlemen may take it for granted that Con-
gress has right to give land to the States and di-
vide it among them according to the federal popu-
lation, or any other equitable mode. / am now ia
king no exception to that principle 1 hold that
when you do it, when you give land to the States,
that you have no right to control their expenditure
of what becomes theirs absolutely by your gift-at
itself cannot constitutionally do.
For example, in order that gentlemen may under
stand my pont-and shall be gratitied if they can
meet it-I hold that this federal government has no
jurisdiction the lUnatics or raupers in North
Carolina, any right to take care Of them; that
this government has authority, under the powers
given to it 4 federal and limited government, to
legsate in this way for either the lunatics paupers
negroes, or any body eise in the Statesi but that
it is matter which belongs to each State exclusive
L. t,nr.f l. L
money, and to appoint set of federal officers to go
into the States and take of the lunatcs pre-
sumo that most of the members of the House would
say that the government exceeding its powers.
| think that nobody would maintain that we he'd
right to appoint set of federal officers to go into
the States and take of the poor the lunatcs
any other class
But does not this objection apply with equal force
to the pending proposition? AS the bill is
framed understand it merely makes the States
agents 10 carry out its provisions, instead Of having
it done by the federal officers. 1t IS framed that
the States under it will take the money under
obligation to use it in particular manner pointed
out in the BILL and, in fact to it to effect what
the government has not particle Of authority to
carry out. 1t requires, too, believe the States to
make returns from time to time as to how they are
spending the money, just exactly as an oversecr
would do upon plantation 1t degrades the States,
therefore, by making them the mere agents Of the
general government to do the will of the govern
ment-and that will, too, being violation of the
constitution of the United States which plainly linn
| its its powers. If the government, by the consttu
tion, had any authority to do such thing possibly
it might be contcnded that it could effect its object
through the agency Of. the States. But if the gen.
eral government have such authority it is eq;ia
ly clear that this whole proceeding wrong whcth
it appoints the States agents or the federal OIL
therefore rest my opposition to the bill up
! onPthe ground thus briefly stated.
| shall yield this floor in moment, and then the
gentleman from Illinois Mr. BSseii can either move
to lay my motion upon the table, or he may discuss
| it, or any other gentleman may take the floor My
/ opposition to the bill rests upon this ground but
| there may be other objections to it.
should be glad to hear from the gentleman from
! Illinois. l understand him to be believer in the
doctrine that this is government of limited powers
and have no doubt that he holds that we must act
under the constitution according to the power grant
! ed to the government by it. If the gentleman can
show Inc that there is anything in the constitution
which will authorize to take care of the lunatics
in States either by donation out Of the trcasu-
| ry or in this mode, might vote for the bill. do
not think he can do So however. And yet the bill
| is so framed to make the States mere agents to
enable the federal government to violate the cons.I
tuition, to which it owes its existence.
When l got up did not intend to occupy more
time than might be necessary to indicate the grounds
! of my opposition to the bill As question Of ex-
pcdenry, need not say that i regard with favor a
| proposition so benevolent and charitable this
measure, and should be pleased to it carried In
to practice; if it could be constitutionaly done.
To illustrate more clearly the principles involved,
would further state, that two views have been ia
ken as to the manner in which the government holds
| the lands. By some persons it has been contended
that the ceded lands were originally given to the
government to pay off existing debts and that those
| debts being discharged, the remains OF the lands
| might equitably be returned to the States of the
Union. If this theory were true, then the States
would take the lands Or their proceeds absolutely,
and might dispose of them at their own will.
For example: if l, as rustce for an individual
shall sell his lands and apply the proceeds to pay
off outstanding debts, would be bound, if a sur
plus remained, to pay it over to him: Suppose tha'
should say that l would not pay the money to
him unless he would enter into an obligation to in
vest it in six-percent stock, and apply the interest
annually to support his wife and educate his chill
dren, and annually make return to me of his mode
of spending the money: he would at once say tc
INC, that the money his absolutely; that he
could not allow me to interfere in the management
of his family matters and that he could not con-
sent to be my agent, and thus admit nv right to
control his domestic affairs Does not this case re-
sembe the one made, to the States by this bill.
If on the other hand, it be maintained that the
federal government has the absolute right to The
lands Just as it has to the money of the treasury
then it nevertheless is restricted in the use to objects
within the scope of its powers 1t has no right t.
devote either money land to effect unconstitution
al objects. Nobody, I think, will contend that |
has any authority to take of the insane in th
different States, either through its own officials o.
by making the States agents. This is not bin t.
distribute either land or money among the States
1t is merely an authorized assumption by Congress
\ a II