Washington sentinel., 1854-06-20
Wasbingtun Sentinel.
THE PRESIDENTS VETO MESSAGE.
SPEECH OF HON. R. NJ. T. HUNTER
. = NV -" OF NIhuINIAf -----
I, fbe Senate. Mag 81. 1854.

relief the INDECENT insane.
Mr. HUNTER. The bill under considera-
ton, Mr.. President, is one which proposes TO
distribute Ten millions of acres Of public lands
among the States of this Union, OF which one
hundred thousand acres are first to be given to
each of them, and the residue is to be distri-
buted among them upon compound ratio Of
geographical area and representation in the
House of Representatives. The bin also desig-
mates the object to which the appropriation
shall be directed, and the manner in which the
money derived from it is TO be applied. | may
then, with fairness, assert that the bill assumes
the right of the general government 10 distri-
butte the proceeds of the public lands, or the
public lands themselves, among the States !;
and, further, that it assumes the right of desig-
mating the objects Of this appropriation, and
the mode in Which it is to be applied. Indeed,
sir, the argument upon which it is sustained
rests upon construction which gives under
that clause, allowing Congress to dispose oil
aad make all needtul rules concerning the ter
rltory or other property of the United States
unlimited power, or powers limited only by the
positive prohibitions lin the Constitution. Ii
Is my object TO trace that doctrine to its conse
qaeaces, and 70 see whether the results to
which it leads are such as we may safely abide,
Or pronounce to be consistent with the general
design Of the Constitution.
lit be true that we have. under this clause,
the power to appropriate the proceeds Of the
public lands and OF the public property to the
support of the INDECENT insane, it is plain that
We have power to appropriate them 10 the sup
port Of schools and colleges. If you can en-
dow an asylum for the insane, you can also
endow schools and colleges. If you can endow
schools and colleges upon conditions, which is
power assumed in this bill, you may prescribe
the terms on which the endowment may be
made, and the mode in which this trust is to
be executed. In other words, you may take
charge here, IN this general government of the
whole system of public instruction within the
States. If you may do that, il this power be as
ualimited as il is said to be- you may also in
terfere Tor the purpose of appropriating to the
internal improvement system of the States !;
aud you may interfere, not only equally, bat
uDequally. You may interfere in favor of that
system which carries commerce into the valley
OF the st. Lawrence, against that which CON
ducts it into the valley of the Mississippi, and
among the States which are rivals for the COM
merce of the valley of the ST. Lawrence. You
may interfere by your appropriations IN such a
manner as 10 favor one at the expense of the
Others. If you can do this, it is plain that you
may appropriate the money Of the United
States for the purpose of purchasing negroes
and emancipating them afterwards. When it
has been asked if this power did not exist un-
der that construction of this clause, those who
maintain it 10 be an unlimited power have never
denied it, and cannot do so, without admitting
the existence of limitations upon this power
which would be fatal to their whole argument
If the power exists, we can distribute this
property and these lands not only in that man
ner, bat we can distribute them among indiyid-
uas and classes. We can give lands to the
landess and homes to the homeless money to
the poor and bounties to different classes and
different sections in this community. Sir, we
can 20 further If this power exists, we may
sell or we may cede this territory on the condi-
tions that it shall not be subject to the pay
nent OF debts, and that it shall be inherited
only according to the principles of primogeni-
ture. We can impose any condition we please
upon it, unless it interferes with some absolute
prohibition in the Constitution, If this doctrine
be correct.
! know, sir, that it is said there is lmita.
ton, and that Limitation is TO be found in the
means which you have to apply to such pur-
poses that you are confined III the application
Of those means to the public property of the
United States, or what may proceed from it's
sale. But it will be found that, after all, the
public property affords large supply of means.
il it is to be appropriated to the execution Of
unlimited powers. Not only that, but it will
IT,
indirect means, the power to apply also to such
purposes the money that is derived from Gus
toms. The lands are purchased by money in
the treasury derived from customs; and if BY
that process you can first invest this money in
lands, and then sell TIE lands, and distribute
the proceeds, why not allow the power to dis.
tribute the money itself? Is it not obvious
that it affords means, by indirection at least, ol
distributing the proceeds from customs as well
s4s from lands? When we have surplus in the
treasury, what will be easier, according to this
doctrine, that to lay it out in State stocks we
have given object, if we desire to pay the
debts Of the States and after having invested
it in State stocks, then to distribute them among
the different States of this confederacy
But sir, in point of fact, the terms of the
grant cover money as well as every other species
Of property; and if the power exists in regard
70 any other species of property it exists in
regard 20 money, because money is covered by
The term property" according to all the de-
hniuons which are given Of that word find
that Blackstone atfirms that
Tae objects Of dominion or properly are things
as CopraGistingnshed from persons. And things
are, by the law Of England distrbutt d into two
klHas-thlnss real and things personal. Things
real are such as permanent. 6xed, and I'M
movable, which Cannot be carried out of their
piaces' as lancs and tenements. Things personal
are goods money, and all olher moveabIes, which
may attend the o"ener Wherever he NAV think
proper TO go."-2 81 p. lG.
So that the word property in terms covers
money; and when we come to look at the pro-
vision Of the Constitution, it would seem 10
have been designed to give power in reference
to some such definition Of property as this for
i gives the power 10 dispose Of the territory
or other property Of the United States; that is
70 say Of its real ard personal property ; and
It's property consists Us much III its money in
the Treasury as in its munitions of war or
other possessions. Nor, sir, is there anything
III the reason Of the grant which does not ap-
py as weil to money as to any other species of
property. 1t was not necessary to give Con
gsess thee power to dispose of and make all
nsedfui rules and regulations in regard TO
money, as it was in regard TO the other pro-
perty Of the United States 1t was as neces-
sery TO endow Congress with the power to
manage and take care Of this, as of any other
species Of property; and no reason can be
given for allowing the power to dispose of anv