Nashville union and American. [volume] (Nashville, Tenn.) 1853-1862, 1858-07-01
Remarks of Hon. AndreW7Js

Remarks Of Hon. Andrew } 0hnsOns
On the BIZ for the benefit Of Public Schools nAs Cty
of Washington. Deliusrsdia the u s. Senate
SATURDAY, Msy Is, 1858
The bill Is No 1si} for he benefit Of public
schools in the city Of Washington, was read the
second time, and considered as in Committee of the
/ Whole.
It provides that so much of the fines and forfeiures
hereafter be collected in the District Of Columbia
as accrue TO the United States shall be surrendered
to the city of Washington for school purposes until
/ the whole sum received shall amount TO $50 900
1t declares that the corporate authorities in the city
of Washington may with the of the owners OF
real estate in the city, levy special tax Of ten
/ cents on each hundred dollars worth Of taxable
property in the corporate limits of the city for the
4 benefit of public schools; and that whenever the
Secretary of the Treasury shall be officially notified
by the Mayor that this tax has been levied and col
leeted il shall be his duty pay from the Treasury
of the United States, the persO legally author
zed receive the school funds for the city Of Wash
! ington, sum equal TO the amount thus raised by
taxation; bat than twenty thousand dollars
/ per annum is tobe paid BY the United States, and
these payments are 10 contiue for five years. unless
Congress shall otherwise order. Fer the purpose
/ Of testing the sense Of the property-Owners of
Washington city as to whether they viii submit 10
this tax the Mayer of the city it order election
On such day as he may deem proper 10 be conducted
in ali respects other elections in the city, except
that no shall be deemed qualified voter unless
he owns property subject TO taxation in the city.
Mr. JOHNSON, of Tennessee. 1 move to strike
the following words in the second section Of the
bill:
'.And that whenever the Secretary of the Treasury
shall be officially notified by the Mayor that the said
tax has been levied snc collected it shall be his duty
to pay from the Treasury Of the Unled States to the
persons legally authorised to receive school funds
for the ciy Of Washington, sum equal to the amount
/ thus raised by tGxatieu Pr0Ui3ed, that nos more
4 than $50 O0O per annum shah be paid by the Uni
ted Stses and shat the pay ents shall continue for
five years, unless Congress shall Otherwise order.
g. II seems TO me that ms IS q pain and distinct
proposition Of the Coy ment for the Uoed States
take charge Of the public schools in tbis district.
1 think, sir, that have really reached the point
where We ought 10 step There is no Senator here
who will 60 further than myself in promoting csm
/ non schools ami The cause Of education. have
given evidence IA my oan State, Of my views il that
regard. may also reEoTk, in this eunUec.lou that
there i5 scarcely a. one Ia tre Senate though
{ out the country aLu kugw, and feels the wants Of
educational auYdh aEts lriy life tlaD do.
While | admit ibe gt.si nance Of etu.atiUg the
children Of the country. as Irr they be edu-
Gated il the comIuOu auI In higher schools,
want 1t done on CCrIes5 principles; and / want
those 10 pay the expense 1L0 are Justly chargeablr
! with it "a This case, why shouid Jhe Government
of the United States be taxed 10 educate the chill
dreD OF the people OF the District OF Columbia a0y
more than the children in Mississippi, or Tenues-
see, or Georgia, or New York, or The New England
States Ii VIC look to our own States, We ind
that there is great want Of education there 1; We
find that there many children there who are not
going TO school but is H. therefore, proper for US
TO ask the Federal Convenient TO take money Out OF
the Treasury of the United States 10 educate the
children in the different States Ii il is not right
in regard to the States surely it is right in re
gard TO the Distrio, of Columbia. If we have not
the power to educate children in the States at he
of fho EaIar
the power to educate children in the District Of Co.
lumbis, at the national expense Where do you
derive the power any more in the one case than in
the other Where does the right exist more in
the one case than in The other? This is a common
Treasury and have we any more authority, or any
greater claim in right TO use it for the education
of children here, than for their education iR the
States?
repeat, there is no one who has higher regard
for the children of the District of Columbia than
have, or who will go further to educate the great
mass Of the children throughout the whole country;
but is it right, is il constitutional 10 place the sx
pense Of their education upon the Federal Treasury!
Should not this community bear the tax Of educa-
ting its own children well other communities?
Is it right to tax the people Of the States aud de
vote the fund which you raise from them to edu-
cate children in this District Is there any justice
in il? This is simply a proposition to fasten per-
msnenily on the Treasury expense Of so, 600
annually, and as much more as can be got, for the
education Of children in the District OF Columbia.
Where do you get the power? From what clause Of
the Constitution is it derived? know that at this
late day. it is considered antiquated and rather old
fogyish to talk about constitutional restraints and
We are constantly met with the argument that, in
the District of Columbia, Congress has exclusive
power Of legislation, and that therefore, we eau 90
into the Treasury Of the United States and apprO-
pirate sums without limit for the purposes Of the
District. When we examine that subject closely, L
think we shall fRd that have no more authority
to appropriate money from the national Treasury
for the education Of children in the District of Col
umbia than for the education of children in the
State Of Massachusetts or the State of Louisiana
1t is true Congress exclusive power Of legislation
in the District of Columbia but that does not mean
unlimited legislation. Because Congress legislates
exclusively for this District Congress has no power
to take money out of the Treasury Of the United
States and appropriate it in this District TO pur-
poses for which it could not appropriate it in the
States. 1t has no such power admit that, while
Congress is acting as Legislature for the District
Of Columbia over the revenue taxes derived from
the District, 1t appropriate them TO any puypO
ses to which the Legislature Of the State Of Mary
land could have appropriated them; but that legis
lation must be in reference to taxes collected from
the people Of the District, not to taxes collected
from the people Of the whole Union You have no
81 more power TO appropriate mODsJ ont Of the Treas
ury of the United States, for educational purposes
in this District than in the several States Of this
Confederaey. We not only violate right and jus
tiee in taking fund which properly belongs to
others for the education of children here, but we
violate plain aud fundamental principle Of the
Constitution.
know it is stated in the report of the chairman
/ of the District Committeeman / am member Of
of the Committee, and know something about the
reporting Of this bl-that the District Of Columbia
has had no public lands for this purpose, and there
fore we can appropriate money for 1t. am free to
admit that, in my judgment, Congress can aPpro
pirate the public lads 10 purposes to which it
cannot appropriate money out of the Federal Trea-
sury Congress may appropriate the public lands
to aid the Of education in the States where
the lands lie, or even, perhaps, in other places
There Think the power is clear and the object is
national; but do not see what power Congress has
to take money out Of the Treasury and appropriate
it to school purposes in this District.
If the relation that exists between the District
and the Congress Of the United States is simply that
which exists between the people Of State and their
legislature then, while acting ss a Legislature for