Washington sentinel., 1854-05-20
Wasbingtua gemtinsl.
THE VETO MESSAGE.
SPEECH OF HON. MIR. BADGER,

Nay IL, 1854, on the Presidents pefo Mes
sage.
Mr.. BADGER said
Mr.. President: The Constitution OF the United
States having provided that when the President
of the United States does not approve bill which
has passed both houses of Congress, he shall re-
turn IL TO the house in which il originated with
his objections thereto, and that The house shall
proceed 10 reconsider the bill, il follows
cessary inference that il was the purpose of the
Constitution that the house so reconsidering
bill, should give careful and respectful attention
. the objections taken by the President and thus
IN pursuance ofthe Constitution sent that body.
The provision OF the Constitution would otherwise
be unmeaning for II does not authorize the Pres,
ident 10 disapprove merely, and then require
reconsideration, but il makes it his duty, with the
disapproval, TO communicate in writing his objec-
lions. Therefore, as 1 have already SAID, ~ pe
comes not only the right, but the Duty OF the BODY
TO which the bill is returned, carefully to consider
the objections OF the President.
II Is my purpose this morning 10 discharge SO
far as am concerned, the duty which devolves
upon us Of giving that careful examination TO the
objections of the President 10 the bill for the ben
eft the INDECENT insane; 10 submit views which
10 me appear TO be just, 10 be. demanded by the
Importance of the matters embraced in the mes
sage, and which show, as think, that the oblec-
tions taken by the President have foundation.
II is manifest, Mr. President, that, in discharging
this Duty high courtesy towards the official func-
tonary at the head of the government demands
OF the President so far as we understand them,
upon their true merits; and that no attempt should
be made to resort 10 mere questions of words, no
:. Effort 10 withdraw the attention of the Senate
the country from the principles which are really
al stake; but that the contrary, disregardng
all minor topics, putting the dialectics OF verbal
Criticism entirely aside, should consider, fairly
and respectfully. the objections which The Presi
dent has felt il his duty make, according their
substance and intended import. Tha, duty shall
endeavor 10 discharge in the manner and with the
spirit have Indicated. This belongs 10 my posi-
tion as member Of this body, and this would
not wiiliuly disregard if did not occupy that
position.
IL understand the message of the President
OF the United States Alright, he objects 10 the pas
sage OF the bill providing for the INDECENT insane
upon the ground, first that Congress has power
under the Constitution 10 devote any portion OF
the public domain 10 The purposes indicated in the
bill and, in the next place, if the bill were free
from that objection if the Constitution did author
ize an application of portion of these lands TO
the general purposes specified in the bill, yet this
. measure is obnoxious 10 constitutional objection,
because the subsidiary provisions Of the bill, which
undertake 10 carry out its general object, assume
an unconstitutional authority over, and interfere
In an improper manner with those local concerns
which, under the Constitution, belong exclusively
10 the States.
Now, Mr.. President, with regard 10 the first
question, OF the general constitutional power, ii
seems 10 me that there are several considerations
adverted 10 by he President, in his message.
which may be laid entirely aside. II is manifest
IN the first place, that one claims asserts the
power OF Congress 10 dispose of the public do
main under the first clause of the eighth section of
the first article the Constitutions which gives 10
Congress the power of laying duties and imposts,
and other taxes; therefore, il is matter entirely
lmmateriai 10 the present discussion whether the
expression, TO provide for the common defence
and general welfare following that grant of
power, is 10 be construed in the nature of a new
grant, enlargng and in addition 10 what was pre-
viously expressed or as limitation upon the
power of taxation as directory provision as
10 the ends for which The money raised shall be
applied. .
MIR. President, in the next place, on this part of
the case, we are troubled with no investigations
about what or what are not the reserved rights
ofthe States, because when we speak of The re-
served rights of the States OF the individual
States The separate members of the Union. we
mean rights which belong TO them in their sepa-
rate capacity, and which could have been exer-
clsed by them separately but for the creation OF
the Union, and the establishment of the Constitu-
tion which followed il but no right could ever
exist in any individual Stale dispose of the
land or other property belonging TO the United
States. Indeed until they became the United
States" there could be no such thing the pos
session OF property by them in that political char
acter.
Therefore, I think these preliminary difficulties
suggested and thrown out in the message may be
laid aside The power over the public domain,
whatever il may be, is conferred by distinct pro-
vision ofthe Constitution. II does not fall in with
the enumeration of legislative powers contained
IN the first article of The Constitution which relates
10 the organization and authority ofthe legislative
branch OF the government. II is power confer
red IN the fourth article of the Constitutional
power conferred after The Constitution has made
all lis general arrangements with respect to the
legislative the executive, and the judicial branches
OF the government. In this fourth article, con-
tanning various miscellaneous provisions, in the
second clause of the third section The Constitu.
NHr wi - io 81, h.s
words:
The Congress shall have power to dispose Of and make
oil needfu rules and regulations respecting territory
nothing thu Constitution Shall be 50 construed a. 10 ap
udce any claims Of the United sates Of particular
The last words contain the only provision OF re.
strlctlon, Limitation, or qualification the power
which was granted by the previous words of that
section. WHAT was meant by that qualification /?
We told by Mr.. Madison, in the Federalist
that what were referred TO by that provision, and
what rendered that provision necessary, were GER
tain Jeaousies and questions in the States ,espec-
ing the western lands, TO which as is well known
conflciing titles and claims We're set up. There
fore, the only effect, meaning or intent that can
be possibly assigned 10 il is, that nothing in this
Constitution shall be so construed as 10 prejudice
any claims Of any particular State 10 any portion
OF territory then in the possession of the United
States, or to lands claimed by different States and
mus 10 contne the whole operation of this power
"@s "ae iieHiuiy Inc properly Of the United
States such
Every word in that grant Of power is worthy of
conslderation In The first place, the subject mat.
.er IS spoken OF as ',he property of the United
states. The Congress shall have power 10 dis.
pose oil of"-leavng out the words a6ou, making
regulations which are in no way material 10 hi.
present inquiry. = The Congress- shall have no,,
er TO dispose Of the territory or Other pyopefu Be-
longing 10 the United States The ,err,iory
therefore. is treated the property OF The nited
States" Ii IS he,largest word that can be used
10 express dominion, ownership tile /, used
in its appropriate legal signifca,ion not ss ex
pressing merely the subject-maiter in WHICH anv
title is supposed TO exist but the very title do.
minion, right Of possession, control and enjoyment
in The territory Il is the property of the United
States" that the clause provides for il.
Now, SIR the United States, thus owning this
territory, had what? Why, they had, like every
other owner, the right 10 dispose of 1.-THE jstJ
dispondendt-the essential attribute of true owner.
ship, without which properly in anything cannot
ness, if there be an owner who i cou.ne,ent "a
act, he must have power 10 dispose Of what he