The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-21
CONGR ESSI0N A l..
SPEECH OF HON. II. NJ. n. HUNTER,

SPEECH OF HON II. M. Il. HUNTER,
or VIRGINIA,
On the Presidents message yetong the bill granting lands
10 the several States for the relief Of the INDECENT insane
delivered in the Senate, May 81, labs
Mr. HUNTER The bill under consideration, Mr.. Presi-
dent Is one which proposes TO distribute ten millions
Of acres OF public lands among the States OF TINS Union
~ which one hundred thousand first to be given
10 each OF theu and the residue is 10 edistrbuted among
them upon compound ratio OF geographical area and
representation in the House OF Representatives The bili
also desgates the object 10 which the appropriation shall
be directed aud the in which the money derived
from il 10 be applied may then with fairness assert
that bill the right Of the general government
to distribute the proceeds Of the public lands the pub
lie lands themselves among the States and further that
il ASSUMES the right Of designating the objects of this APP
propaton and the mode in which 1t TO be applied In
deed sir the argument upon which it Is sustained rests
upon construction which gives under that clause allow
ing Congress dispose of and make all needfu rules
cernng the territory or Other property Of the United States
unlimited power or powers limited only by the positive
prohibitions Ia the constitution 1t is my object to trace
that doctrine to its consequences and 10 whether the
results to which it leads are such we safely abide
or pronounce to be consistent with the general design Of
the constitution
iii be that have under this clause the power
to appropriate tho proceeds of the public lands and of the
public property to the support OF the INDECENT insane il is
pan that we have power to appropriate them TO the sup
port of schools and colleges. Ifyou endow asylum
for the insane, you also endow schools and colleges
Ryou endow schools and colleges upon conditions,
which is power assumed in this BILL you may prescribe
the terms which the endowment may be made and The
mode in which this trust is to be executed In otht
words you may take charge in this general government
of the whole system of public instruction within the States
you may do that IT this power be unlimited it is
said be- you may also interfere for the purpose of appro
prang 10 the system of the States
and you may interfere, not only equally, bat nnequay
You may interfere in favor of that system which
into the valley Of the ST Lawrence against that
which conducts 1t into the valley Of the Mississippi and
among the States which rivals for the the
valley Of the ST. Lawrence You may interfere by your
proprati0ns in such manner as to favor at the
pense of the others Iyou do this it is plain that you
may appropriate the money of the United States for the
purpose Of purchasing negroes and enancpang Them a
terwards When II has been asked if this power did not
exist under that construction of this clause those who
maintain it to be unlimited power have denied il,
and cannot do So without admitting the existence of m
taons upon tnis power which would be fatal to their
whole argument
Ii the power exists we can distribute this property and
these lands not only in that manner but distribute
them amcng individuals and classes We give lands
to the landless and homes to the homeless money to the
poor and bountes to different classes and different
tions in this community Sir 60 further If this
power exists may sell may cede this Territory
the conditions that it shall not be subject to the payment
Of debts and that il shall be inherited only according TO
the principles OF prmogcniture We can impose any
don please upon it. unless it interfere with some abso-
lutte prohibition in the constitution this doctrine be cor
rect
know sir that it is said there is limitation and that
limitation is to be found in the which you have to
apply to such purposes that you confined in the APP
ted States what may proceed from its sale But it viii
be found that after all the public property affords large
supply Of means W is to be appropriated to the execution
Of unlimited powers Not only thar but it will be found
that this clause carries with M through indrec. mcans the
power TO apply also to such purposes the money that is
derived from customs The lands purchased by
In the treasury derived from customs and if by that pro-
you first invest this money in lands and then sell
the lands and distribute the proceeds why allow the
power to distribute the money iselff Is it not obvious
that it affords means by ndrecon least of distributing
Well as
we have surplus i'm the treasury what will be easier
cordng to this doctrine than 10 lay it out in State stocks
we have given object If desire pay the debts OF
the States; aud after having invested il in State stocks
then to distribute them among the different States in this
confederacy3
But sir in point of fact the terms of the grant cover
money well every other species of property and
the power exists in regard to any other species Of property
exists In regard to money because money covered by
the term proScry according to all the definitions which
are given Of that word find that Blackstone afirms
that:
The objects of dominion property things
distinguished from yg.o"s And things are by the law o
England, distributed into two kndsthngs real and thin
personal Things real such fixed
mmovabe which cannot be carried of their places
all other movabes which may attend the owner wherever
De may th'nk proper to 60 "a b., p. ls.
SO ns the word property" in terms covers money and
when we come TO look at the provision Of the constitution
would seem TO have been designed 10 give power In ref
srence to some such definition Of property this for il
gives toe TO dispose Of the territory other prop
ery OF the United States that is say of its real
PERSONAL property and its property consists much in
money in the treasury in It's munitions Of war or othe
posscssors. Nor sir is there anything in the reason
The grant which does not apply we'll to money to an,
other species Of property IL not necessary to Civ,
Congress the power TO dispose Of and make all neediu
rules and regulations in regard to- money IL in
gard TO the other property Of the United States II
necessary TO endow Congress with the power TO mana
and ke Of this Of any other species of property
and no reason can be given for allowing the power dis
pose OF any species OF property which does not also apply
70 money itself Yet dangerous would such a grant o
power to be, that Mr. Clay himself the father
The scheme for distribution, said In speech in 1892
In making this inquiry the first question which presents
itselt whether erpedcn breserre the existing du
hes IN order 70 accumulate .nss in the treasury for tb
Pposr OF subsequent distribution the several States
think not the collection for the purpose Of such a
plus TO be made from the pockets portion of the peo
pie to be ultimately returned to the pockets The pro
cess would be attended with the arising
charges Of collection and i the oss Also of interest while
the money performing the circuit and II wonIe
therefore ne unwse lit 10 be collected from portion
oi the people and given 10 oRohcr. il would be unjust, III
to be given TO ne State. der corporate copaciv 10
r.ed ~ hcm ~ their public expenditure know OF no ripe
PIE ~ ne oonnafon hoh authorizes the federal govern
ment 70 become such collector for the States nor OF o
ptaee Of say propicy which admit. Of the States he
ment," ~ s
II plain, them that il this power exists al all il oris,
as wei in relation TO the money raised from customs eh
oy ndirecon 10 the process which have described thu
OF converting II into property else by direct grant be
cause the words Of the clause that species of
erfy, IA well as every other.
Bnt, sir, iii said there Is another mitation--and
that this power cannot be exercised without the
OF the States. Mr. Madison has said
general power TO construct roads and canals and
improve the navigation Of watercourses with the train
powers incident thereto be possessed by Congress ia
assent Of the States 10 the mode provided by the bl ca
euler tne power The only cases in which the consent