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The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, February 27, 1859, Image 2

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*?*OAY, I'KliKC A K V ST, ISM?.
*??? { i. i m? > m m mm '
Huslueu Notice.
\n III** Initio* ?* of I hi- I'llton <Hlablt?huiCllt,tli view Of the propobt*
rimnie tn IU 1 Mini*, will lw Dmilwlcd HiriUljr wh ?i i;^*b baaia, a)
hk?u< for lU** colic Imjii M mi lie*ri|?(i**i>.- lor 0* l inou an- *11.-** ?.
A it u?nI No imyuifitla ahotild Im* uiade to Ag?-ut* altar ihla dult\ +1
1*1 to Mr W 0. Jjp?< <iinb, jr., * ito ia auttioriaod lo ui?k?- colh cU-u
1i? l*rl?w%rr, Mary land, and Virginia.
? WMNiviwi, Man b 28, 1H5S. If
Ttif lori-g??tntr noilca la not intruded iw include any ikciiU or colk-c
l*?ra thai we uow employ or hat o heretofore employ *d in thtt Uly, l?n
than* ??ul) who have performed auch service in other part# of Hi*
country. ipn 11
By the President of the tnlted States of
W herein* an ciiiuordlhary occasion lma occurred ran
<?ertnK it neixmry and proper that the Senate of the Una
ted State* ett&l) be convened to receive and act ujm>ii hucIj
* oitnaaitkaiions am have been or may be made to it on
the part of the Executive :
Nnw f UmM Kiwlxinoi t*. *.*1.1. lb.
United Stales, ilu i km lie this luy proclamation, declaring
that an extraordinary occasion rcijnircs the (Senate of the
United Slates to couveno for the transact hm of busbies,
at tiie Capitol, iu the city of Washington, on the 4th day
of next mouth, at 12 o'clock, at ttoon of that duy, ol
which all who shall then ho entitled to act as member*
ui Unit Is sly aiv hereby required to take notice.
tiiveu under my liund and the seal of the United States,
at Washington, this 2<ith dny of February, A unci
Ji. ? j Domini 18ut, and ot the independence of the
Uuited .States the * id.
By tiie 1'resident:
la. wis Cabs, Secretary of State.
Wo jiulilinli to-day tlio very ablo message of tliu
President vetoing the agricultural college bill. I'orbapH
no uuhjcct connected with Uio admiuielralion
of tiie government li.ui elicited Iokn public attention
and investigation than that of the public lands. The
very magnitude of the intercut lias been taken as a
license mr every species oi operation upon it. the
tscsnag'e of tli? President reviewing tlio whole subject
and calling special attention to it is, then, most
timely and valuable. Wo can add nothing to the
force and power of the Presidents argument. It is
absolutely conclusive upon constitutional and practical
grounds ; and wo trust will do much to correct
the public judgment upon one of the most important
subjects counected with the government.
The expectation that Napoleon III would "define
Ilia position," and decide the question of peaco or
war,in his speech at tho opening of the French legislature,
on the 7tli instant, has been grievously disappointed.
If the reader of the imperial manifesto be
a very enthusiastic optimist, lie can point to several
sentences which would warrant tho belief that the
Emperor was bent 011 peace ; and if he bo an alarmist,
he can adduce abundant proof that "the path ot
right, justice, and national honor," which his Majesty
says he is resolved to pursue so steadily, will ultiuiately
lead to a war on the plains of Jjomburdy. To
ilia inquiring and anxious public who have been
waiting for an answer to the question, " Is it Peace
or War?" the Emperor seems to have adopted
the complacent but ambiguous language of the
showman?" which yon please, my littio dears,
you've paid your money, and you takes your choice."
If ever there wan a speech remarkable for its glit
tering generalities, it is that which the Emperor has
jiiHt pronounced. In one sentence ho renews the as
surance that "the empire is peacein another, he
parades "the community of interest" between France
and Sardinia, and the devoted friendship that exists
between himself and Victor Emmanuel. He deplores
the abnormal position of Italy, and the just cause ol
anxiety which it gives to diplomacy, and though In
thinks that this and his "new coalition" do not furnish
"a sulKcient motive to give rise to a belief it
war," he is nevertheless resolved not to bo "iutimi
dated or pusillanimous." 11c will not bo "provocative
on the contrary, ho will be "lirm and ooncili
atory but so far from avowing any detcrminatioi
or desiro to ob^rvo existing treaties, he declares
that "the interest of Franco extends everywhcr<
whoro there is a just cause, and where civilizatioi
otig/if to be made to prevail." He lauds the grca
advantages of tho alliance between France and Eng
laud, but docs not omit to allude to the sacrifices In
has made to consolidate it?tho rejection of "al
opportunities of reviving irritating remembrances o
tho past"?the "calumnious attacks dictated by pre
judices," which ho has had to bear, and even "th
national antipathies of bis own country" which h
has been obliged to disregard, llo rejoices at tli
frank cordiality of bis relations with Russia, and tli
mutual good will which subsists between liin gov
eminent and that of Prussia ; but bo "regrets" tie
important disagreements between bis cabinet am
that of Vienna, and points, with some bitterness, ti
Austria's misdeeds in tho Hanubiau principalities
The "fair-weather Peter" and "foul-weather .lack
of a Dutch barometer are continually popping out
prophesying smooth things to tranquillize the ex
cited quidnuncs, or stimulate the hopes of those win
"love a storm." The barometer of tho moneyed am
commercial world still points to change with a groat
er tendency to fall to "storming" than to rise to "so
Meanwhile all the arsenals of France are ringing
with sounds of preparation for war. Two hnndrct
shlps-of-war are in commission in French pru ts, ant
floating batteries of the most, formidable dcscriptioi
are being constructed. Troops of all arms are bein|
assembled in great numbers Within a day's m uch o
the confines of Savoy, \nstrian troops are pourim
into l.ombardy anil Venire by thousands; ami Rar
dinia is voting millions of francs, which sho can il
afford, for the avowed purpose of preparing largi
military armaments.
The idea which certain French journals ant
pamphleteers have diligently labored to instil int<
the public, mind that a grand < ongrees of th<
groat powers of Ftirope is the only way ii
which the slaughter and waste of war can Is
avoided has been scouted both in Fngland ant
Prussia. Tho authors of these nubliralionr.
not confine thenuwdven to n Hiiii|i|p recommendatioi
of the high court of diplomatists, but tiioy mhhiiwk
r nut i Ih dccmum must In- tli.' "<>\ prop rial ion" o
VuKtria'a Italian poem sainim "on grounds of puhli*
utility," and that tho only tiling it would havo to dis
i iihh. Would lie till' amount ot indcninity kIip hIioum
receive for tho confluent!on of her territory, her tilh
to which in not dinput'd- Kn^limd ami I'lu^iin r\i
dently regarded this proportion na a "leeler" pm
forward, if not hy the eiprea? deoiio, at leant will
riitSIUhST'8 i'/,71> MfiStiAGK
I Jo Iht lloiuo qf Re/ r-KHt'itf m vt tiui I'nihil S(th,
1 return, with my ulfnlioiii, U> tlie House of lt> |.ie
I se'.iUtivvs, in wblrb it originated, the lull entitle I 'An
I n't donating public lauds to the several Motes ami 'Jerri
j toriea which may provide college* for the henetit of AgrlI
culture and the mechanic arte,'1 presented to uie on the
Ihth Ihst.
This UK makes a donation to tlie several Stulri of
twenty thousand ai res of the public lauds for ouch senator
and representative iu the present <'ougicM* , and also
au additional donation of twenty tliousand acres for each
additional representative to which any State rttay lie kilt!
tied under the ceusits of 1MN
| According to A rejSort (Vdul the Inteiior Ocpartmcut,
I bound Upott the present nuiuber of senators and repie
! aiiitstthn, the lands given to the !?ta\cs amount to si*
1 nlillhMs uint sixty thousand acres, and their value, at
, the tfilhlu'iuiA governineut price of ihiu dollar and twenty
five cents per acre, to seven million live hundred and
Hcventy-tivo tliousand dollars.
The object of this gift, as stated by the bill, is " the
endowment, support, ami maintenance of at least one
college [In each State] where Uie leading object shall he,
without exeiudiug other cicliUtic or classical studies, to
teach sueli bnuiclies of learning as are re)ute<i to ngrioultuie
ami the mechanic aits, us the legislatures of the
States may respectively prescribe, III order to promote the
liberal and practical education of the indnstlirtl classes in
Hie several oiusults and nrolessioris in lile."
tliv consent uf Napoleon cither to facilitate tin- attainment
ot aggremnve designs against Austria, or to
tui uisli a plausible pretext for ulte rior measures of
severity it Ins offer should he declined, and lot
thin ! ibou they have declared in uioat explicit
( 1 terms that tliey will not tolerate any breach
1 of existing treaties ; that they are much displeased
at tho ambitions and aggressive tendencies
of Hardiuia and her ahandonuient of the
! meritorious task of internal development to hocouie
' the tool of a great military despotism ; that they will
| have nothing to nay to active intervention ; and that
j although, should the pcaco of Europe he broken,
S they will necessarily come forward to put an end to
tho disturbance, they will hold the country which
provokes or connives at the collision to strict accountability,
and take good care iu the, subsequent
i settlement that tho country shall not occupy ttfo prti
j sition of "the most favored nations."
Whether Napoleon will heed thilj warning remains
j to be Been. It may be that while his deeds are war
' ] he means peace, and that ho is only playing the belligerent
to keep his army contented ami acquiescent
in a state of peace by holding out to them the alluring
prospect of a future war.
The direct enemies of Austria, and the most enthusiastic
friends uf Italian liberty, cannot bo persuaded
that the intervention south of the Alps of the
despot of France and the champion of the Pope, is
disinterested or desirable ; nor can they persuade
themselves to believe in tho beneficent effects of
whatever crusade the hero of tho ?mp d'f'tat may I
undertake wherever k* thinks there is "a j?st cause,"
and where kr thinks "civilization ought to lie made
to prevail.''
The deep-rooted aversion of the French people to
taxation and conscription ; the vast military strength
ol the independent powers of Europe ; the universal
opposition to military usurpation ; and tho ominous J
warning that the author of wanlou war will probably
lie ttio victim of the demon ho will liavoarouscd,
constitute better securities for the peace of Kuropo
than are to tie found in the preineditatedly ambiguous
phrases of which the imperial speech from tho
throne is composed.
Jt will tie seen from the proceedings of the Senate
yesterday, that the hilt to facilitate the acquisition
of Cuba lias been virtually postponed by that body
until the next session of Uongress. The reasons for
pressing it no further at Hie present session are fully
stated by Mr. Slidell 111 tiro remarks which ho submitted
on the subject. The sense of the .Senate hue
been decidedly announced in favor of the measure,
by a vote of ill to l!>. Tho opposition manifested a
purpose, if tho bill were passed, to consume tho remaining
days of the session in debate upon the subject
and to press the bill under theso circumstances would
have been to jeopard the passage of all other measures,
including the annual appropriation bills, now before
(' onpress. Mr. Slidell, therefore, was content to accept
(ho decided veto of thirty-ono to nineteen as
sufficiently indicative of the sense of the Senate on
(he subject, and (o let the proposition go over to the
next session, in order to make way for measures imperatively
requiring the .attention of the body for
the remaining days of its session.
I)r. I). It. Itcid.lho author of "Illustrations of Ventilation,"
and formerly director of the ventilation of
tho houses of Parliament, London, and one of the
commissioners for the health of towns in Kiighutd
and Wales, will deliver an address at the Smithsoitian
Institution 011 Monday, tho 28th, at twelve
o'clock, on tho importance of an international system
of quarantine. Dr. Reid gave a series of lectures
two years ago at this Institution, in which ho
noticed this subject, shortly after I10 camo to this
country with a letter from the President, then ambassador
in London, to the late President.
1 The Democratic Union Association of the Fifth Ward
J of the city of New York, on the 21st instant, adopted the
i following admirable resolutions :
I Kitulvul, That the policy of James Buchanan with regard
to the acquisition of Culm, and ins recommendations
on the subject to Congress, are not only wise and
b timely, hut nlso spring out of an imp-rious necessity, and
I constitute the next step in our national progress?a step
in every |s?int and relationship -similar to, and governed
' by the same laws of iintioiial growth ami coinmereial
_ and territorial wholeness and safety as, the acquisition of
Florida and Louisiana; and that the hill reported from
'' the Senate Committee on Foreign K< lotions "making ap
e propriations to faeililate lite acquisition ot the island of
,, Culm by negotiation," which places thirty millions of
dollars at the I'resideut's disposal to that end, represents
0 the will and desire of at least throe-tifths of tlie Ameri -
can people, and particularly represents the will, desire,
and enlarged national policy ot the democratic party of
1 the Union.
1 KcmIvoI, That this leading measure of tliu ndministra
1( tion of .lames Hut Italian, as well as his whole course of
polity, tends powerfully to obliterate sectional lines ami
' false geographical distinctions, ami to unite the Interests
" and sentiment of every State in the eonl'edcrncy in a
^ happy harmony, which adds a new guarantee to those al
' ready existing of the future and enduring integrity, pros
purity, ami progress in national greatness of the Aineri?
can Union; and that tire unwavering support of his ml.
ministiation is the duty, and should he the pride, ot
every true well wisln-r to his country.
- Hcmlceri, That the third congressional district is |mrI
ticiiluriy foituuate in having, at this time, as its representative
in Congress the lion. Daniel K. Sickles ; ami thai
his able, consistent, ami untiring support, of tliu adminr
iatrution, his bold and manly stand upon every question
I of importance, and his upwearied assiduity In protecting
the interests of his constituents, as well as the larger in1
tcrests of the whole Union, retket n tlaily honor not only
, on himself, hut also upon the district he represents.
UemJittl, That the disfunction of the republican party
s of this State to deprive the city of New York of its just
1" rights and franchises, a disposition openly manifested by
them itt the State legislature, and developed in every con"
ceivahle trick of partial legislation and petty malignity.
- ought, to excite the eontcmpt and indignation of every
| honest and |iatrlotlc citizen ot this city ; and if jtcrsovered
in in the same mod and reckless spirit, must inevitably
B icsiilt in tin' separation of the city of New York ami its
adj.meat islands from that pint, of the State, the govern|
ing motives of which appear to lie a constant spite and
1 envy against us ; and that if the Kt.itc legislature continue
1 to manifest the saine'spii it of persecution, wo pledge our
....i. ;n.,...i - ? ? n_:
ion ol Ihu State and tint erection of Now York city, I/>ng
11 Island, anil Slutcii Island into nil imlejicndeiit. member of
0 Ho- Union.
1 /V.n.-/iwv/, 'Hint, good government innnili -fitly depending
ii|)on tin: HikcoeM of the democratic party, and the iiihIii
* t lining i? it* hands of [s.wcr to legislate upon right prin
1 r ipli'H tor tin- general gissl anil salety, we will span: no
effort to iiiaintain and consolidate tlm union of the |w?rtv
in this city, and sluink from no rcsirotisiliility in oppof
sill): and defeating every factious and would-be leader and
disorganiacr win mo egotism and scltidiness may tend to
jeopardise tbat'union.
I i Javm IIConsss, I SeOCetarilK.
Port i-ation or ("in* -On la* contains a population of
alsiut one million, which is nearly ispially divide I Iw
i twei-n whites, slaves, and free Idai ks
Ah there does nut ap|s:ar from the hill tu be any bene
liciarics in existence to which this endowment cun he
applied, each State in required " tu provide, within live ,
years at hast, inA less than otiV collcfe, oV the grant to j
said State shall OfiWte." lh that eVcut the "said Statu
shall be bound tu jrny tiio IliriO 1 State* the amount focclved
of any bttlda previously hold, and that the title tu
purchasers under the State shall l>e valid."
The giuut in land itself is eonlined to such States as
have public lands within their limits worth one dollar
ami twenty-live cents por acre, in the opinion uf tile governor.
Kor the remaining States, the t-VerVluiy of the
iuterior to directed to issue "land snip to the amount
of their distrilmtive shares in acres utider the ptovisions
of this act ; said sciip to Ire sold by said States, turd lite
.?s,.,.aa.lo uniilii>rl lit il^fiU Ulitl llliriH lll'it.
ri"""'" ,"v""1 ? I?r I scrilK.il
lu tiiid act, iiiul for uo other use or pur)x)ac whatsoever."
The lands are granted and the scrip is to be
issued "in sections or subdi visions of mictions not lest,
than one quarter of a section "
According to an estimate from the Interior Popartllient,
the number of acres which will probably be accepted
by States having public lands within their own limits
will not exceed live huudred and eighty thousand acres,
and it may be much less ; leaving a balance of live million
four hundred and eighty thousand acres to bo piov
ides I for by scrip.
These grants of land and land strip to each of the
thirty-three States are made upon certain conditions,
the principal of which is, that if the lund shall lie lost or
diminished on account of unfortunate investments, or
otherwise, the deficiency shall he replaced and made good
by the respective States.
1 shall now proceed to state ruy objections to this bill
I deem it to ho both inexpedient and unconstitutional.
I This bill lias boon |MiKsod at a period when we can
with great difficulty raise snllicie.it revenue to sustain the
expense* of the government. Should it become a law,
the treasury will be deprived of the whole, or nearly the
whole, of our income from the sale of puidiu lands,
which, for the next fiscal year, hits been estimated at live
millions of dollars.
A hare statement of the cuse will uiako this evident.
The minimum price at which wo dispose of oui lands is
one dollar and twenty-live taints per acre. At the pros
out moment, however, the price has boon reduced to
those who purchnac the bounty-land warrants of the old
soldiers to eighty-five cents |>er acre ; and of these warrants
there are still outstanding and up located, as appears
by alre|tort (12th February, 186tl) from the den
oral Ixind OOicc, the amount of eleven millions nine
hundred and ninety thousand three hundred and ninetyone
acre*. Thin Iiiih already greatly reduced the current
sales hy lite government, and diminished the revenue
from thin source. If, in addition, thirty-three States
shall enter the m.irkot with their land scrip, the price
must Ire greatly reduced below even eighty-live cents per
acre, as much to the prejudico of the old soldiers who
have not already parted with theii land warrants as to
government. It is easy to perceive that with tins glut
of the market government can sell little or no lands at
one dollar aud twenty-live cents per acre, when tht> priio
of bounty-land warrants and scrip shall la; reduced to
half this sum. This source of revenue will la; almost
entirely dtled up. Under the bill the States may roll
their land scrip at any price it may bring. There is no
limitation whatever in this respect. Indeed, they must
sell for what the scrip will bring, for without this fund
they cannot proceed to establish their colleges within the
five yours to which they are limited. It is manifest,
therefore, that to the extent to which this bill will prevent
the sale of the public lands at one dollar and twenty-live
ceutu |s;r aero to that amount it will have precisely
thuwanie effect upon the treasury as if we should
impose a tax or create a loau to endow these (State colleges.
Surely the present is the most uupropitious moment
which could have been selected for the passage of this
2. Waiving for the present the question of ronstltu
tional power, what effect will this bill have on llie relations
established between the fedora! and Stale governments
The constitution is a grant to Cougresj of a few
enumerated but most important powers relating < liiotly
to war, js'ma;* foreign and doiin stic commerce, negotiation,
and <mmr subjects which can lie l?cst or alone exercised
beneficially by the common government. All other
powers are reserved to the States and to the people. Uor
the efficient and harmonious working of ls>th it is necessary
that their several spheres of action should Is; kept
distinct from each other. This alone can prevent con
Hicl and mutual injury. Should the time ever arrive
when the Slate governments shall look to the federal
treasury for the means of supporting themselves and
maintaining their systems of education aud internal |k>I
icy, the character of Isitli governments will lie greatly
deteriorated. The representatives of the States and ot
the people, feeling a more immediate interest in obtainIng
money to lighten the burdens of their constituents
than lor tlie promotion of the more distant objerts in
trusted to the federal government, will naturally incline
to obtain means from the federal government for State
purposes. If a (|nestlon shall arise between an appropriation
of land or money to carry into effect the objects of
the federal government ami those of the Stales, UhIt
feeling* will l>c enlisteil in favor of the latter. This is
human nature ; ami hence the necessity of keeping the
two governments entirely distinct The prcisiudcnutce
<4this home feeling has been manifested by the passage
of the present hill 'Hie establishment of these colleges
lias prevailed over the pressing wants of tlio common
treasury. No nation ever had such an inheritance as we
possess ill the public lands These ought to lm managed
with the utmost oue, but. at the same time with a lilier.il
spirit towards actual settlers
In the tirst year of ? war with u powerful navnl nut on
thy u4fcim- from cnstnim must in a great degree etase.
A resort to loans will then Income noeessarjr, uml those
can ill Any x la; ohtaimd a* our fat hem obtoinsd them, on
advantageous terms, by pledging the public lands n? so
i uritv In thin view of tin- subject, It would lie wlsei to
grant money to the States for domestic purposes than to
squander away the public lands, and transfer them in
large bodies into the bunds of speculators.
A sncotmftll struggle on the part of tlie State govern
men Is with the general government for the. public lain Is
would deprive the latter of the means of performing its
high duties, sspecinlly at critical and dangerous |s'rlods.
lb-sides, it would o|<erute with equal detriment to the Is-st
interests of the States It would remove the most wholesome
of all restraints on legislative bodies that of being
obligi-d to ruisc niCMi' y by taxation from Ibcii tmwlihlliitr
and would Its. I to I'ttntrifiiiKv, If not to torrup
tlon Wli.it Is olitain.il easily nu.1 without t.ility
will In: lavishly expended
ft litis I.ill, sin*..I.I It btkMun a la.v, will opciato
greatly to th? Injury of the now Slates Tito progress ol
s. ttl.m. iitn (Vilit the liitlbaftc ot all ludustiiouB |X*piiLatiuti
owning itii Interest III tllo soil they cultivate lire tin)
| cause* win. h will build thorn up into great uu.l Mourisli
iug>'ouiiiionw. iiltlis N..tiling eoulil be more prejudicial to
' their interest* than for wealthy in.llvi.luHU to iuxiulro large
tiacls of the public land ami hold them lot Hja-cubiti vc
! ].iti [n*u c 'llil! low price to w hich this laud w rib w ill liioh;
?'*iy In- iodueo.1 will tempt s|icculaloi* to huy it in large
i nun unite and locate It on the heat lauds In-lunging to the
, government, 'lite eventual conae.|iieuce lit list he that the
| men who desire to cultivate the soil will Is: compelled to
' purchase these very luii.U at rates much higher than the
! price at which they could be obtained from the government.
1. It is extremely doubtful, to any the least, whether
this hill would contribute to the advancement of agriculture
and the mechanic arts objects the dignity und
value of which caunot Tie too highly appreciated,
'I lie fedent) government, which makes the donation,
lias confess*-.lly no constitutional power to follow it into
the StaUs and enforce the application of the fund to Unintended
objects. As dotrm, wo sh all paissess no control
over our civil gift aftci it shall have |*n*?cd from our
hands. It is trile that the State legislatures urc ru<]uired
to stipulate thai they will fidtlitully execute tlie trust iii
the manner prescriis-d by the hill. llut should they fail
to do this, what would be tlio conseipionee t The federal
govomnleiit Inc. no power, mid ought to have in/
power, to coiii|H-l bit- exc ntlon of the trust. It would
he in as helpless a condition us if ovcu in this, the time
6f great need, we vvoto to dehiunl any portion of the
many millions of surplus revciiuo deposited with the
Mates fur safe keeping under the act of 1 ftfjt*.
S. This bill Will injuriously Interfere with existing col
it-get* in the dill'.-relit States, in nlany ol which agriculture
is Uught as a sclenee, und in all of which it ouglit
to U) s * taught. These institutions ot learning have
grown iii* with the growth of the country under the fos
tcring care of the States anil tin: muni licence of imlividtiuls
to meet the advancing demands for education. They
have proved great blessings to tiro (leoplo. Many indeed,
most of llicm - are |x*or, and sustain themselves
witli dilliculty. Wliut (lie elici t will be 011 these institutions
of creating an indefinite number of rival colleges,
sustained by the endowment of the federal government,
it is not dillicult to determine.
Under this lull, it is provided that scientific and chut
steal studios shall not bo excluded from tlicm. Indeed,
it would bo (iliioxt impossible to sustain tin-in without
such ;i provision , for no fiithei would incur Iho expense
ot sending it koii to ouo of tbcsu Institutions for tin solo
purpose of milking him it scientific farmer or mechanic.
I ll- bill itself negatives this idea, and declares that thch
object is "to promote the liberal mid practical education
of the industrial classes in the several pursuits and professions
of life." Thin certainly on-lit to Lhj the case.
In this view of the subject, it would be far better, if such
so appropriation of laud must lie in ado to institut ions ot
learning in the sovorul Slates, to apply it directly to the
estiliiUlinn-ul of professorships of agriculture and the
iiieohsole arts in existing colleges without the hitcrvcu
ti in of the btatc legislatures. It would be ilillieult to
foresee how these legislatures will manage this fund.
Koch representative in Congress, for whose district the
prO)>ortion of twenty, thousand acres has liecn granted, will
prolstbly insist that the proceeds shall be expended with
in it>. limits. There will undoubtedly boa struggle between
different localities in oa-h Stato coneorning the division of
the gift, which tuay end iu disappointing the hopes of
the tine friends of agriculture. For this state of things
we arc without remedy. Not so in regard to State colleges.
We might grant land to these corporations to establish
agricultural and mechanical professorships ; and,
diould they foil to comply with the conditions on which
tiny accepted tlio grant, wo might enforce specific performance
of tlieso liefore the ordinary court* of justice.
tl. lint doe* Congress posses* the power, under the constitution,
to make a donation of public lands to the different
States of the Union to provide colleges for the purpose
of educating their own people f
I presume the general prop sition is undeniable that
Congi ess dor's not (sissess the power to appropriate money
j in the treasury raised by taxes on the jssiple of the Ullitcil
States lor the purpose of educating the people of the
respective State*. It will not Is- pretended that any stieh
power is to he found among the specific powers granted to
Congress, nor that it "is necessary and proper for carrying
into execution" any one of these powers. Should
Congress cXertise such a (siwcr, this would lie to break
down the barriers which have been so carefully constructed
in the constitution to separate federal from State authority.
We should then not only "lay and collect taxes,
duties, iuip'ists, and excises" for federal purposes, hut
for every State purpose which Congress might deem expedient
or useful. This would he ail actual consolidation
of the federal and State governments, so far as the great
taxing and money power Is concerned, and constitute a
B-irt of partnership between the two in the tic-usury of the
United Slates equally ruinuuti to l>olh.
Out it is contended that the public lauds are placet I
111><>11 a different fouling from inonoy rained by taxation,
wnl that tlio proceeds mining from their mile are not subject
<" Die limitations of the constitution, but nmy bo I
appropriated or given away by Congress, at Its own dis
crction, to States, corporations, or individuals, for any
pur|Kits' tliey may deem expedient.
The advocates of tlii.s bill attempt to sustain their |h>silion
upon the language of tlie seeoud clause of the thiol
S'ctioiiof the fomth article of the colistitution, which
declares that " the Congress shall have power to dispose
of, and make, all nee llul rules and regulations respecting,
the territory or other property belonging to the United
States." 'lliey contend that, by a fair interpretation
of the words "dispose of" in tliis clause, Congress possess
the power to make this gift of public lands to tlio
States for purposes of edueation.
it would require clear and strong evident* to induce
the trelief that tlie fratners of tlm constitution,
after having liuiiU-d the powers of Congress to certain,
precise, and s|>eoifio objects, intended, l?y employing the
; w irds "dispose of," to give that Isxly unlimited power
ovot the vast public domain. It would lie a strange
anomaly, indeed, to have created two funds, tlio one by
taxation conliiied to the execution of the en u morn tod
powers delegated bi Congress, and the other from the public
lands, applicable to nil subjects, foreign and domes tie,
which Congress might designate. That this fund should
be "disposed of," not to pny tlio debts of tlio United
Slates, nor "to raise and support armies," nor "to provide
und maintain a navy," nor to ?cc< inplish my one of
; the other gient objects enumerated in tlie constitution ;
! hut lie diverted from them to pay the debts of tlu>States,
] to educate their people, and to carry Into effect any othci
' ? ?i...i_ .1 . _. ii .. el.: 1.1 i... i < ._
mc iRUn" in invir ihmihtiiu jn??n;j. a mo nuum ire vm ??jiu r
upon Congress i? vwit and irresponsible authority, uttcily at
war with tlx; well known jealousy of federal |s)wcr which
prevailed at ttui formation of the constitution. The
nit null intendment would lie that, as the constitution
cuuliiiial Congress to well-defined s|ic< ific jiowera, the
lumls placed at their command, whether In l.nnl or
money, should be appropriated to the (icrforinnncc of the
| duties cot responding with these powers If not, a gove
11 ment lias bcciv created witti all its other powers carefully
limited, tint without any limitation in respect to the
1 pnhli. lands.
1 Hut I e.innot So read tije winds "dispose of" as to luaka
them cuiluace the idea of "giving away." lire true mean
itig of words is alwajs to be ascertained by the subject
to wliieli tliey are applied, and the known general intent
of thelawgivei. Congress Is a trustee under the constitution
lor the poo|du of tliu Cnitcd States to "dispose
ol" llieir piitdii' lands, and I think 1 liiav venture to assort
with confidence, tliat no case can lie found in which a
trustee in the position of Congress hue lieen authorised to
"Wuptw y" property by its owner, where it lias ever
bcuu liokl that these words authorizedsucit trustee to give
away llw luiul entrusted hi lit* cull' No trustee, wbeU
colled u|miII to a> count tor 'be <I1i>[mmiticx> <>t tbe property
pla? oj uiklut til? untnageuicot before any "J# ml ttiwi- |
lliil, Would venture to |ih.K iil Suell ? |l|t? lit bis dcfeurc
It Into rttuauhtg ol lh<-*o Woi.l* u clearly stand by
CIlM Jttstict) Talk V in dell voting (he (tpinloii ol the
iourt (lj Howard, p. IjG 1 tin snysi, In refreucil lo
Ihb ilauMi ol Die constitution, "It lo gins It cumin ra
tiou of [lowers I>y that of disposing , in other words, ma
king sale of the lands, or raising money from tht-ui,
which, so wo liavu already suidf was life main object of
tjic ocssion, (Irony tlyv HtaU, .) and yvblvb is the lirst
thing provided for iu the article." Jt is unnecessary to
refer to the history of the times to establish the known
fact that this statement of the Chief Justice is |k rfoctly |
well founded That it never was Inn ndgd by the framers !
of the constitution that tin wo lands should,bo given away
by Congress is manifest fioui the com hiding [sirtion of
the some clause. lly it, Congress iios |s>wcr not only "to
dispuM of' the territory, but of the "other |>ru|>crty of
the United 'States." In tho language of the Chief Jus
tice, (p. 4'17 :) "And the same power ol making needful
rules roh|** ting the territory is iu precisely the same Ian
gunge applied to the otlicr property of the United States,
msmh iatiug tlie power over the territory, In this reaper t,
with the power over moveable or |s-rsonul property
that Is, tli i ships, arms, or luuultions of war which then
belonged in tourmou to the State sovereignties."
'l'hc ijiK'stiun is still ulcarcr in regard to the public
lauds in I lie States and Territories within the laiuisiana
aiid I' loridu purchases. These lands were paid for out of
the public treasury from mouey rawed tyy taxation. ?Jow,
If Congress bad 110 power to uppiopii.ito the money with
which these binds were purchased, is it not clear tliut the
power over the lands is c<|ually limited .' The mere conversion
of this money into land could not confer open
Congress new power over tire disposition of laud whl< li
they bad hot possessed over luoiiey. If it Could, then a
trustee, by cbauging the character ol the fond entrusted
to bis care tor special objects from money into land,
might givo the land away or devote it to any purpose
lie thought proper, however foreign front the trust Tho
Inference is irresistible that lids laud partakes of the very
same character with the money |?iid for it, and can l<e
devoted to no objects different trom those to which the
money could have been devoted. It this were nut I ho
case, then, by the purchase of 11 in-w teiritory from a foreign
government out of the public treasury, Congress
could enlarge their own [lower* and appropriate Hie proceeds
of the billon of the laud thus ptircli wed, nt their own
discretion, to other and far different objects from wluit
they could have applied the purchase money which had
been raise 1 by taxation.
it has been asset tod truly that Congress, In numerous
instances, have grunted lauds for puiposesoi education
. Ii'ivo Iioimi i liii llv ir not exclusively, luude
to tlio new Stut/^, as they successively entered tlio
Union, ami consisted at the lust of <>ne section, and after,
wards of two sect loos ol the public lauds in each town,
ship foi the use of schools, as well as of additional HOClions
for a State university. Such grants are not, in uiv
opinion, u violation of tlio constitution. Tlio United
States is a great landed proprietor, and fiorn the very
nature of this relation it is both the light and the duty
of Congress, its their trustee, to manage these lands as
any other piudcnt proprietor would manage tlieiu foi Ids
own liest advantage. Now, no consideration could lie
presented ol u stronger diameter to imbue the Amciieall
people to brave the dilticnlties and hardships of frontier
life, ami to settle ii|s<n these lands end purchase
tlicui at a fair price, tliau to give to tlieni and to tlieii
children an assurance of (lie means of education. If any
prudent individual had held these lands lie could not have
adopted a wiser course to bring them into market and
enhance their value than to give a portion of them foi
purposes of education. As a uiere speculation, he would
pursue this course. No person will contend that donu
lions of land to all tire .States of the Union for tlio erection
of colleges within the limits or each can lie embraced
by this principle. It cannot be pretended that an Agri.
cultural College in New fork or Virginia would aid the
settlement or I militate the sale of public lands in Mimic
sota or California. This cull not possibly bo embraced
within thu authority which a prudent proprict ?r of land
would exercise over his own possessions 1 purposely
avoid any attempt, to dclinc what portions of laud may lie
granted, ami for what purposes, to improve tiie value
ami promote the settlement and.sale of the remainder,
?.;n...1,1 vi.it.it.itie the eoiistitutioii. Ill this case 1 admit
tho rule that '' sufficient uuto tlio day ht the evil thereof."
WariiixOTON Citt, February 24, 1S50,
As this is a subject of universal importance, and
is before Congress for action at present, we puhlisli,
by request, the following abstract of a communication
from an official source addressed to the imuiiiIkth
of CongroHs:
This is essentially a domestic service ; for although, iu
their transit, the mails pass through the territory of a
foreign government, the termini ol the route are within
the limits of the United States. It links together tire
frontier* of our country- with their national, commercial,
atnl social relations.
Tho practical question stents to be : Will tiro govern monl
pay a fair equivalent lor essential and domestic mail
service ; or cripple enterprise and capital, ami hazard
efficiency, l>y attempting to cheapen expenditures? There
is no question as to the necfr-ity of this luuil trunsportatloii.
The service nnut If [ret formed in scene way or other.
Time will carve out the I rest chuuuel between the oceans,
hut the transportation 011 tho ocean hy the best route
should be placed beyond question. In older to do this,
it Ireeom s necessary for our government to contract with
the best parties for service after October, 1 N.V.I.
The compensation must be Jiral; because, while the
goveriiuu'iit icq lilies leliahle guarantees ot punctuality
and security, the contractors want to know what com
pronation they eau lely ttpon f<rr assuming the risks ami
rosiMriisilrilities of such a service, and what probation of
their cx|retiscs it can lie calculated to meet.
Doubtless, |rcrsoiis may be found willing to cheapen the
rate, ami offer to contiact for a nominal hiiiii ; but what
arc a few thousand dollars in comparison with the vcxa
tion and loan which would follow a few failuresWould
it be prudence or good policy, for this purpowe, to exclude
eolitractorH on whom- e\|>erienee, fidelity, and punctuality
implicit reliance may be placed, anil substitute
| other* possr -shin none of these advantages ! Would not
the lorn ill the end more than counterbalance the gain in
1 the Itcginnlng ? If, for instance, the licet of steamers
i belonging to our company, now in the Pacific, were tie
stroyed, or their stability endangered, as it would Ire by
withdrawing front it and giving to others tin1 pay for sor|
vices rendered the government, could you lind another
, company ready to embark means in a similar enterprise,
| with nothing hut a like fatal termination in proe|rcet!
It seems mors prudent ami nioic economical to |my a
i fair price to a good contractor, on whom reliance can he
i placed, than to pay a low price to a poor contractor.
' One single failure of the mail might Is: more detiiuicntal
! to the public than the amount of a whole year's com'
To Insure puhlic confidence and moot public wants,
the service must ho corlalit and secure. If the govern
I mont were to depend on chance conveyances they might
(ad altogether, ut a critical moment, too. when failure
would be disastrous
The Mi.pitiait to carry tiw mails with unerring punctuu
1 i(y under nil circumstances, and with a total disregard
of Other interests, might at times prove a serious harden
to the responsible contractor, resulting in lieavy losses.
The whole eoni|>ensation paid l>y the government to nnv
1 contractor for carrying the mails must form lait a email
port of his aggregate income.
If an individual wished to contract for transporting
merchandise for a long pciiod in advance, in- would l?o
obliged to name a quantity, in order that the carriers
night know what means to provide, and what portion of
the expenses the freight would meet.
Our government maintains at a heavy cost an arnry
and a navy, but mi government organization for trans
[porting the mail With frontiers thousands of miles
apart, and whi< h may at times 1*< only nr.csihle hy sea,
the carriage of mails on tiro ocean between these frontiers
is secondary to no other dirty of the government
Tiro nthxintnyi* of audi an organizeion would lie necu
rity and regularity, arising from the moneyed ahility of
the government, the muintenanee ol a spe. ial ho.l v of of
i?rrrt? hinitru. Bud ol MDiplo iiiiitciml Mm* tuikhx/ni.iv . I
would (?' lift*- Liavy on**!, and Ihu matmIIIv to |>i"tu I
i uiigi'rttloti lu a couuiH Kittl ol untiotial pulut g| vim
tlio lui(>?>i tau< of iuoni|?t fouiiiuuiiuiiioii wiiU (jiliKnnu
< uiiiiot Ik* over e*linUtui. In the of 4 i:?'v?*in
liu ut oigtUiift-iMnil itbii ni lo me that g<?%taiuiu< ??* ?In mid I
ncrufc an many ol it* mlvHiitagf-M as |fcMfltblfc. "K, oln?iu
unerring il-gubuity, ton uiu-U turn to etpfcriciicM portly
tliotio wiio liaio tlio un-nhb ciiiluukcvl, and flite cxp
rienoo tv apj<K Uicir ima?m ami oiltci |x>ivcia ludiiouiv
lu the ratine urtnti^ the cautia* l?|i, to In.- eitr icutj uim*i }
h 4vc not only -i Lukt^ioil ami ,%ik.|*1
i.ili,tl? A lor rt'piir willuu hU vvm control. Tho pn -n/
oiitr.i tor .v>? sm .- thebc ; auti tlicy ;uv xd by il(J
other |mrtk*.
It iei very clear that the rxpcrleiicod contractor ;ui 1
with oruitiary care ami vigilance, continue the Hervkt*
with nunc regularity than any new one could hope t.
attain without a *ii?nl exjicriuiftco, Hut will * perky c?
U* imMight, If cpi ii contractor in tuin Ikj compel!* d to give
way lo some more ambitious or lortunate rival who \v< >uki
l>o content with a lower rate >>t compensation I
Now, tho 1'ust OMi.v l>-p.irtliicut is so well convinced
of tho vallM ol punctuality us well a* ol certainty in |jlu
delivery of the mails, that it iiu|?"wn tinea Km every toil
lire, unless i tinal by the elements. The law iibhui,
jh -unities, however, and even If these hue* Is- cutlerl'l
they enllHoi ri'ihvir the thing Indicted ci'' 'lie btllif
'I'll la la Irrcnjedutbte. J
I'unctaulity turd certainly in the delivery of the nuil,
on the l'aeitie ocean are the more necessary, Im-c^iihu (|lr
lOOUcCtiolih ate at long intervals ut two weeka, apd tl|,<
failure ol one l-out to connect with another would susiNnd
the correspondence of that auction of the I 'niou willi this
and retard the government de*|>nh lio* fur a slmilai f ' tv 1,
whereas a failure on thy Atluulje side would lie alkndol
with a delay ol only a lew hours.
in either hoc I lie ?m-|icusc and delay might create temporary
aiarur and inconvenience ; hut on the Atlantic
const some remedy is fouud in the telegraph, which docs
not e xist on the l'ac tiic.
There can l.e no reasonable doubt thaiex|*'ilence is tlio
surest, pcrlia|is the only safeguard against the' dangers el
navigation and tiam-poi tation hy stetMn ; and ay Itulu
dould that cx|*ricitee will never Ire gained il the govern
merit acts, in Miuttcrd of sin h magnitude, with refoicnci)
to temporary savings. The ditih ulties of extended Bur
setvic i eun only be know n lo those w ho lnrve encountered
and overcome them.
If you give at r.urdom pod ages to those who ertiy the
mails, you enable the adventurer lo cripple the capitalist,
and you loch up enterprise and capital instead of M inliny
tliem to Itear oiii tlig successfully on distant waters, b
our mail service is to be sell sustaining, it can iievei he
lietweeu distant |siiuts on tlie ocean, without local laisi
lies* intervening. That the general iiiuil sci vice of the
United States is not a sell sustaining one may l>e irltiibu
ted to three causes: , ,
, 1. Tin; immense extent of sjvusely setlhil Country
over which tho mail is eonycycd. 2. The dcneim|s of
the pet pie to have, and ol the goveipineiit to grant, n
cheap rate of postage. .'1. .The "(leintity of free" in*t:
tor, which, if sitbj - ted to tho payment iff poslage, ovoald
go far towaid making up they deficiency, it. did pet
sufiie ( Utiiely to do so. 'J'lieie is, prohahly, no jwrt of
tho woild wlicro coireiiiKMideiico is carried on at so cheap
a rate us between the Atlantic Slates and California,
Washington, and Oregon.
The postage hy steaiuor on single ieltors to Fuirope is,
to (ireat Ihit.iin, ^ I cents, or 8 cents per 1,1100 miles ; lu
France, 21 cents, or 7 cents ; while lo California, Washington,
and Oregon it is 10 cents, oi from to .fj cunts
per 1,000 miles.
Tims letters arc conveyed in.ire than twice tire distance
within the limits of the United 8 tut en for less than cue
half the rates to lauope, which is one half the distance.
A c\a responding rate ol |s>sbige to < 'sliforni i, Washington,
and Oregon would lie 18 instead of 10 cents per let
ter. ('I'llia centiant will lie much giuutei it (he ciioiuiuiis
i|uantity of fiee matter in the California nt< winery, and
the ? ntiie absence of it in the Kiiropciin slcimers, be considered.)
K ik iinncccfsiiry to dwell 11 |h>11 tlic dlttcrciKt between
a stcamlmat route of 11)0 miles, within tin. thicklv Kettle I
(tortious of our Union where tbo local travel ferine mi
important feutuio to swell tlio receipts and where sup
plies uml rc|xiir* aro within reach at almost any step, uml
a route ot ticvcnil thousand miles over an ocean hut little
frispicntcd, where supplies or aid of any kind are iniucetsible,
anil where the through travel is all that coulnutnra
can count upon. The profits of our railroads gene tally
arise from their local biu-iners.
In regard to free matter, it i.. slid that many toils lnvo
been sent by one steamer hence to California. Jtul your
California st-on incus are not limited in their operation to
the trun*|>ortulioi> of letfeis.
One great conshlcry'otm, in the absence of government
trunspoi ts, i? the rapidity mid faeillty with which troops
can ho trunsjtortcd, on emergency, to any point. In proof
of tills 1 might refer with pride to the attention recently
given to an otticor of your tinny, of the rapidity, safety,
anil roinfort with which a body of (loops w is conveyed
by our steamers to Oregon. These troops were to reinforce
our army after defeat. Tlie delay of sending these
turn via Cape Horn would have frustrated the object of
the movement. 'J'lie men, whilst idle, would have received
three or four months' additional pay, ami have
i-ecome incapacitated for iuimcdiate duty by a long sea
voyage. *
lit time of war delays arc always dangerous, often fatal
; and the importance of speedy concentration of troops,
with a limited army for otlcnce and defence, cannot Lv
estimated in dollars.
tiiiclr transput tit,inn devolves |)ccullarly upon the mail
steamers to California, because they can he relied u|s>u.
Make them unreliable, in the clfurt to make them Hwlf
sustaining, with the cheapest (>o?tngc known, and our
government may Ins seriously cmliarrasHcd in scmliuji
troops us well as mail tuntler. It is not. inir to calculate
what would a trim dent steamer take nulls for ; but I lie
ipiestion is, What, is a littoral pay, under all eiiicrgemic-,
for a fcrtn of years ?
Security should and must lie paid for, if the government
wishes it ; and if the postage Is: given to contractors,
the government would have in fairness to di signals
a minimum amount.
Again : the vnUte of mail matter must lie considered by
government, in arranging for its carriage. Tlig govern
inont becomes almost criminal in intrusting it to un
worthy 01 insecure hands.
With few exceptions, the Cnltcd States mails arc
transported, not by weight, but for a round sum ; the
government having the privilego to send one ton or
This places a disci el ion its to lsith with the government.
which should be |mill for. Strum in an expensive agent
It cannot Ik' availed of likfl the- wind of llcnvcn ; Iiuf flu'
ton true tor must pay to (lit extent to which houses it;
mill to a con ti actor tlio difference is very great, whether
lio takes one 01 twenty tons
If in not a fuir compaiison to place iiiuil matter on tlw
sunt footing as merchandise ; fur, whilst tlio one is easily
hmnllt'l, mill requires only oriliunry care, tlio olhtr must
be guarded with extraordinary cure iimltr tlio charged
faithful men. A more just standard vroulil Ihi to |>luto
uuiil matter on the footing of coin, though in some owe*
it is far more valuable. The one tun l?o protected by insurance,
the other cannot, if the contractor on the IV
cilie ocean were paid for imiil matter at the same rate n*
for coin, bullion, or gold dust, tho compensation wouM
lie enormous.
An examination of tho ocean inail contracts awarded
hy our government will establish the following its the
mat y-r mile of mail transportation hy ocean steamers :
Per mile
Collins lino, $.'1 10 ; Increased iu 1854 to J5 32
Havre 1 90
IIremeu - - - 2 20
lane to Aspinwull, via Havre and Now Orleans 2 JO
Lino between i'unntuu aud Astoria.... '
A cilcnlation based upon official data shows that the
cost iu IK.'.U for transporting each letter was. in
tlvorgiu and Lmiiians 5 cmd*
Noith and South Carolina and Alnluruia (i "
I Mississippi 2 '
Texas. ? ;;
Ai kunsas. 11 "
I between Panama and Otxi'Ofl, over a inast of ov i
j 4,01)0 miles, the mot ot transporting a letter does n"1
1 exceed 15 cents, or, including newspapers, 5} cents tor
i each letter or Doner.
(Mliolul return* show that the tnuispoilntibii of mail*
l>y steamboat couta double Unit by railroad. Ocean
btcunm are much mure costly tbuu tboae that Iravens'
i our iulanil water*. nnJ the expense* on the F.u.ili< afl'
several fold heavier than those on the Atlantic.
A service ho remote ami expensive iu Uiat oil the I'*
. clfn: won! I seem to call for the highest grade of coiapc"
i nation a Howe. I anywhere foi con vi jratico of mails by
1 atainiihip on the ocean Tlic conipe ligation, hi tart, h?*
I lai n the lowest.
t The < tiliforitia "eni.e i.. performed hy oiu uinipmy
i IwlwtM'n New York and Aspiuwall, hy the I'mumia l! "
i rood Company across the isthmus of I'auaiua, and by the
I I'm (lie Mail fttrnmaliip Company between l"anattta and
I Oregon.
\ Attention i-, parti' e.liirlv due to thi seni' c of the '
' < 1... II.- ... I inn mil.1. is til'
longfst of Miy single Hnn siuth<*iKc?i l?y (.'on^ew, '
' runninj', f i (j,, ->t v. < f; mi-. .?t m<i I'ni-Mi i '

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