Vermont watchman and State journal. [volume], May 26, 1854, Image 1

About Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883

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to it fc tyro in
ettnati
ISSUED SIMULTANEOUSLY AT MONTlMSLIlSll NORTIIFIELD, WATERBUltY, &C.
UY K. V. WALTON, Jit.
FRIDAY, MAY 20, 1851
VOL. XLVIII, NO. 2G WHOLE NO. 2481.
state
IVntrljiiittiiltnlcSmininl.
runi.isunti nvnnv rntuAv moiinino.
TBRM8. tlAOlliti loadranee JJ.OO if payment
a not mfrte In tdriKM Inlereal alwaye chaffed ftom
Ik. eeJ of th Mi.
Ann..d It lUt af agent to t.lve euhitrlptlone
deerl'daMMite and eaminiMniealione, and ec.knuwl-.Jge,
pawafltfor the earn.
nimh.M, j. n.POMRnuv,
llrw.HI.IJ,". II. HMITII,
ck.t,o. r. drown,
HutlHe, CM ARl.Ho ri. DANA,
niMie.An.Ki'oi-T,
iiyjfiik, niiWAnu D.SAWvnn,
John-eon, O. W. C(;irTT,
Mnr.bfield, U. U. rUI'.NAM,
lloitlitlllr, J. c. NOYES,
MIAIItiti, JBn JOHNSON, Jr.
N.rlhnela, E. HMITII,
Of.nrf, CAKI.08 CARPENTER,
riti.3i.i,A. t. ii sniiorr,
Heuth ll.rdwIek.C.HIIIPMAN,
Htowe, JO.T.I'll l IIAYJIONII,
BtralTord, HI U.I M liril.I.I.NP,
Heaitb BltefTord, II A.NIF.I. W. JUIJD,
. .TW.IVi AAIIO.VN. KI.M1,
Weil.fi.H end P,ilon,()nANnr,MITII
W.rt.n, rilANKI.IN A. W ItlnllT,
VVet.tbury and P.ihuiy,
Wllltemel.wu, DARIUS PRIDE,
U'otMfKt. JONAH A H BOTT.
Hx uilrnnhn.
1854 VI. rrntr.il Itnilrond. 1851
Northern .V Wrslcrn, ItrilMi mill
lulled Stall's .Hull Itonto.
ON a.il afl.r Ma, I, 1831, l'a...n.i Trillii will
run aa fotlowe i
Going North and West.
I.r.AVI'. IIOSTON at 7 1-9 A. M.. machine Rat.
Itaft.. al ft 5-4 and Kou.n'e Point at 7 P. l., Wont
t.eletS.aad (i,J-..".ilh.l II 131'. SI.
I.GAVn IllKlin.i 13 ,M., N,VnUA. M
ludt. at Hostile. l.r V'l. and arrive at limitation nl
A.49 A M , ftlontieul at 10, and Og-denehurth el I P. t.
nail due.
AI.KII, I.KAVE MONTrEMl'.R at 4.4ft A. II., and
J.4$ P. M.
Going East and South.
I.EAVB ROi;B'l POINT .' 8 A M.and7P M.,
In ...aM.lt. with I all, ftom Mttetrael and Ofden.
burs, and erri.inf n iluatou anil .New York I IIU
HAM It IHV.tj th. it . M mm, and lb. am day,
.j tan 7 f. M. ir.ln
A !., LKAVE MUM IE LI III .14 13 and 10.45
A. M.
Fur fiinhnr informal'mi. apply al the Ojdenenorfh
and Hun..' 1'aii.i P.... tte.r Ht.unu.. the I 'hauioletn
Mdt l..vre.i- K..r..ad Often, Mantre.l, to ti,A
nienoen, .(.m, iin -e ffu.ai, at tan i tce.t 'tnc,
Heotl.e'. AMtrdt.f, 10 I -, ait -lit 1 1, tlnelon, end to J.
W. Iloaail, etteiiem Afaal, lloelneleer.
&"Fl.fff4it ttaia. run daily.
j i.in:s -tiooicr,
rjupt. V. O. K. K.
.NorleoeM, Vt., April 8ft. IM.
51.
ior(luTii Kailroad, i. lit
British U. S.TlTlLROUTE,
Vl.t
Koston, Lowell, CoiuMnlt oi lli-
rrii, ltiiiuiIr Vrimuiit Criitinl. Or
ttciitliurf;). Mini .J out rrnl nllruail.
Tl AM) ! 21
fit itanatHry, liutln.rivt., St AltMDi.ilontre!, Of.
ltli'ir d,aJ the W'rtt, ftad Utnehntirr. ISaib
ui, tlumw Uawrnitr. 4tiUfji, fluver, J'tir untuuih,
l)iMltJ. lirutun Jynltt Werce.lvr, rrilf ate,
iNurwicl. ! Sbw ml.
Tb.t i iht) tfr.t ini bm it th t.tove plucf
Tad ttttibouf b th aaplnUot ew IUiiipiliiranij
Vcrainui Tbafiiv and fivtht lew by ulbtr
r (
AtttrOoe. it, &3t tfttai Noiib lfie BUo t
7.4ft A -4 d 19 M Conroid t 10 JW A. M.jjdJ
3 I1 l riM ll.h ltan Wiiii Kiei Juaciloa
at 7.15 1. M ni 1.30 P. M. on lh. ififiof Cart
(ttm pi", rokda. I
tliici.e'Uif ttaim i'i ovi ihit rouia nverji Tut-1
J; od iivifht ifniddi'lbtiii Harinft( Komi
II, nMl), it, Puilnmitl , Vrrir. 1'iuvf!
d 'in inittrmed.iiit t.U-rs -nd it I ikm oj roulf
Iro ih (tj.ftjot'mi.h -tit .j.mir-i it old by whtcb
Kmifkl can Uenrxit nt nui ebnttging caf.
ALU A NY
II UP LAN Ii
RAILROAD.
fOVV OI'K.N AMI KL'.NMMl TIIIIOUllll to Al
J. Ia. nlttiout cl,an(a of Car
IS53. Full L Unter Ar- I853
raugcmcufi j
5buftl and qu.krt through Mall Una from Og
itnthurb, Mt(itat, Kouia'a VvtW , PlalUbuigb and!
via Rutland and Eagle Bridge,
Id fttionactino wtlli RuiUnd aaJ H fllDjtott, and Hud
on Itivrr IliMrtud.
l'aaag'iurtrlb)K taut ma i-wpnn uiaklaal
tba eaaacuei wltl'lbo diiftrca. llodit u aJftiiUed.
Tbl I Iba itoVTatbjr which piae(t can
with terUntft tlitoub (torn Maotril UAiw Vutk
Iba a'y
NO CHANC5E OK CAKS,
(nduatora ar lliaxn Meuere bf twaau K.tU.'l and
Tro; vt Attieni.
t'IU8T TKAI.N lot.. Bolliajtou 9.13 A. M.
HIXOMITRMN lnaa. iluillniun 10.20 A M.
arrive. .tTiot 3.1ft P. II. aad Alkan) T.24P. M., laa.a.
TB T 4. 1 I". tl .ii Alea 4J0 P. M.fur-S. Voik.
Arnxaal .Nam ' 9 1ft P- M.
TIIIRII TRAIN !. HtirltD((on U3fl P. M
lodfa at Rutland, and laat.a Katlaad at GJbA.ll.,
arnveeat Troi 10 A Jl.and AUmo, 10.IJA 11., !
Tn.r I0.M A. II., .1 Alhin; 10.45 A. Jl.f-r N. York,
aril.aat New York 4.I0P. M.
Kipra.. Trai. lai Italf.laU.re. AUaar 10.30 A. M
ThinajhTlekata to ha procured al tba Rutland and
HurllwrtoA Hallro.d ulBce, ar uf
JAllf.S V Mlt.M.ajeut, llnilinjlon.
a. TIL.I.KY, Tialallmt Aanl.
Alio, Throuf.o 7'irk.tf toIlulTato.t'navel.nd,To.
ledo, ll.tr.it, l.'iecifinnii, Chiearo, and all tba Wee.
tarneiliaa, lot ..In at tna Office .f Ibe Rullaud and
nurlmjtoa R.itr.fd, uruf tba Af'-ati utihe Albany k.
lluiUoi Itillioid.
Hasj.cn CXtckti Tkrtugk tuTrey, Albany or New
York.
In all ra.ei l.troM delay Clack ilafaflllreajrl
l JlffJtE BMDnr HQVTi:
T.HH. M. l A.NVIBI.I), f up.
nurllajloo, N.t.S ISftS. &8t'r
SPEECH OF MR. FOOT,
OF VLUMONT,
On tii)I'rui(lciit'!VioHcss:ir;c.
In the Senate. May 3,' 1854.
Mr. I'oot said : Mr. President, it
was iny purpose, nfier having moved
that the message lie upon the Inlile
and be printed, to have followed it
willi n motion-to postpone the ques
tion of the reconsideration of the
bill to ome day certain, say next
Monday, if that limn will bo accep
table lo Senators, had not the Sena
tor from Virginia (Mr. Hunter) inter
posed a motion to print an extra
number ten thousand copies of the
message ; upon which motion the
Senator Irnm Mississippi (Mr. Drown)
took the floor and addressed the Sen
ate, and to whom it was entirely n
grecablo lo mo to yield the floor. I
rise now to submit t ho motion I had
before intended to make, in order to
give Senators an opportunity to ex
amine the message, after it shall have
been printed, with moio care and de
liberation than it is possible to give
it upon merely hearing it read from
the Secretary's table, Before mak
ing this motion, however, and pend
ing the question of printing the ex
tra number. I desire to submit to the
Senate a few remarks in reference to
some of the positions of the nies
sago. All will admit that it is a ve
ry important document, not merely
ns aflccling ic fulu of this bill, but
ns involving iho whole policy of the
Government in respect lo the admin
istration of the public lands.
1 exceedingly regret that the Pres
ident of the United States has felt
himself obliged lo return this bill to
the Sarnie without his approval.
This feeling of rcgrcl, I doubt not,
will be very extensively shared by
the country at large. I Imvu listen
ed lo the message which has just
been rend in our hearing, not with
sentiments of regre' only, but with
no small degree of disappointment
and eten of surpnsc. I apprehend
it will slnko Iho country with equal
disappointment ami surprise disap
pointment at the loss, the probable
joss, of so just and beneficent a mea
sure, and surprise at the reasons as
signed by the Executive for arresting
its passage. It is true I had henril
it in whispers all around, -as doubt
lets most of us had, even before the
passage of iho bill through this cham
ber ; I hod read it in telegraphic de
spatches, and in written communica
tions sent oiT lo tlistant parts of the
country tit id to distant presses,
forthwith upon its passage through
(ho other House, that the bill was to
be arrested by the Executive veto. I
was nevertheless incredulous. I was
not then piepared to believe, I am
not now quite prepared to believe,
that the f rendent had so far depart
ed from the manifest proprieties of
his position as to have authorized
these announcements. I am riot pre
pared to believe that any ono was
authorized to apprise the country of
n fore, one conclusion of the Presi
dent as to his action upon this bill,
should it be presented for his consid
eration. Nor am I prepared to be
lieve that, in advance of the action
of Congress upon the question, and
during its pendency, he would at
tempt to control or influence their
action upon it by causing it to be
made known to thorn, through any
cover! or indirect communication,
that it was the Kxecutivo pleasure
that the Congress of the Uuiled
Statt s would not pass this hill.
Hut, sir, the iniittci is no longer in
suspense. The veto has come. It,
for oncn at least, cri(k's the utter
ance of the thousand lying tongues
of rumor. What but jesterday was
at most only apprehended has to day
actual! t come to pus. What but
yesterday was only ilarkly hinted or
but dimly and doubtfully foreboded
has today become historic truth. It
is not my purpose, nor am I at all
disposed, to impugn the motives of
the President in withholding his as
sent from the bill. I trust 1 under
stand loo well the propnetieH which
belong to this presence, and appreci
ate too well the respect which is duo
to the Chief Magistrate of the coun
try, to allow me lo call in question
the integrity ol his pjrpose or even
to indulge in unavailing complaint on
account of his official action. In
tins, I concede, he has but exercised
an undoubted constitutional preroga
tive, lint it is, nevertheless, my right
and privilege, as it is the right and
privilege of every Senator, in re
spectful terms, to endeavor to answer
his objections, and to examine, with
entire freedom, the grounds Upon
which he has chosen to rest his judg
ment. No objection is made, nnd none
could have been made, that this is
an act of hasty and iucmibidcraio le
gislation. In fuel this bill has recei
ved a larger share of cousideiation in
both houses, not only of the present,
but of preceding Congresses, than
has ordinarily been bestowed upon
other measures of more or less pub
lic imporluncu ; and, upon full dis
cussion, has received the Miiction of
more decisive majorities than most
measures hnvo been able to command
upon n division. Thu President
makes no objection to iho object of
the bill. He admits it to be an em
inently humane and praiseworthy
measure, and professes a profound re
gret that, upon oilier grounds he
finds hinuelf unable to give his sanc
tion lo a bill whose end, and aim,
and object are so noble nnd benefi
cent. The character of the meas
ure, as one of comprehensive benev
olence and philanthropy, is not ques
tioned. I will take occasion lo remark hero
that, so far as the simple question of
the policy or expediency of a ineas
uro is concerned, it belongs properly
I will not say exclusively lo the
legislative department; that, except
in rure and peculiar cases, it furnish
es no justifl.,lilo consideration for the
interposition of thu negative power
of the Executive. The exercise of
this remnant of despotic power ought
rarely lo be resorted to, and llicu on
ly in cases of hasty and incniisiderato
legislation, and in cases of flagrant
and palpable injustice, neither of
which is imputed to this bill, and in
cases of manifest infraction of the
Constitution. I say manifest infrac
tion, becuuso I hold that if a legisla
tive act bo of doubtful constitution
ality, yet of conceded justice and
bencficenco in its operation, and con
ducive to the public interest, it is
better ns a general rule to suffer it to
become a law, and to submit the
question of its constitutionality to
Iho judicialt ribunals of the country,
than thai the measure should be ar
rested by the interposition of the
Executive veto, as that would de
prive the country of the benefits of a
measure of admitted bencficenco and
utility which the courts might ad
judge to be constitutional in case the
question could bo brought before
them.
The chief and controlling objec-
lion of the President lo this bill, as I
understand from his message, rests
upon constitutional considerations.
He regards it ns nn infringement up
on the Constitution I His heart ap
proves the object of Iho bill, but the
exercise of his best intellectual pow
ers does not enable him to find nu-
thoritv under the Constitution to
make tho grant! He seems painful-' tntioti to alleviate tho indigent and
ly anxious to approve tho bill for the distressed citizens of our own conn
vast amount of good it would oc- try by a grant of tho ptibliclandslo
compl hut the Constitution for-
mils ! I Ins hill, winch makes a
grant of ten million, of acres of thu
public lauds lo iic equitably sippor
Honed nmoiiL' all the btales, and its
proceeds applied for iho relief and
support of the indigent insane of tho
country, he thinks is a violation of tho
Constitution I I am unable to con
cur in his opinion. I dissent from it
entirely, with all iluo respect to. tho
authority from which - ii-einanalcs,
This bill, I undertake to say, more
nearly than any which has been pas
sed by Congress, and presented to
Hie consideration of nny Executive,
carries out, according to its spirit
and its letter, the original contract by
which the public lands were ceded tolly period after the adoption of tin
the federal government by the States.
it (tillers Irom hundreds or acts
which have received the sanction of
every Congress and of every Presi
dent almost from the foundation of
the Government, only insomuch as
it is more general, more universal, if lands to particular Stales for educt
not more beneficent in its opera lion, jtional purposes alone ; more than fi
Yetin the opinion of our President ty for purposes of internal iniprovi
il is unconstitutional! This, after Jinent; more than twenty-five fir
all, is but the opinion of one man, 1 Stale and county seats ; saying ni
thougli that man may be President 'thing about innumerable grants .o
of the United States. Hut I sup-j individuals and to private corpon
posc that Presidents aro not always ions. The aggregate of grants lo
infallible expositors of the Constilu- tlio new States and Territories n
lion ; Hint even President Pierce may , mounted, at the close of the last fs
fall into error on o question of con- cal year, according to the ronort of
siuuiional construction. At any rale,
his opinion in this instance is subject
to our examination mid revision. Is
this, then, an unconstitutional act ?
We have already expressed our opin
ion, by the passage of the bill, that
it is not.
President
Every Concress and everv,
under tlio Constitution
have expressed the opinion that it is
not, by the passage and approval of
bills involving the same principles
and the sumo question of power.
Jauies Jlonroc nnd the Congress of
1819 found no constitutional diflicul-,
ty in making a grant ol a township
of the public lands to the State of
omicciicui tor the benefit ol an as- ry, granting lands to certain States
vlum for the deaf and dumb. John fur different purposes, not one with
Qiiincy Adums and the Congress of in my recollection or research h.n
6'2G wero not aware of committing 'ever been arrested bvtho Executive
any infraction upon the Constitution
in granting a township ol the public exercise of the power and tho pur
lands to the Siato of Kentucky for a poses of the grants have been limit
like purpose. Were those acts con- ed onlv bv the judgment and discre-
stittilion.il and this unconstitutional?
i nose acts, tike this, were in md of
objecis of benevolence and charity,
Those grains were lo individual
States, and to single and isolated ob-
eels. Tins gram is lo all the Slates,
and therein more just nnd equitable. grant of land directly for the bene
If there be any distinct ion in princi- fit of all the States in just aal cqtu-
pio it is in tavor ot ttie bill now un-
der consideration. Tlio.u acts, like
this, designated the object of the
rjrnnts, and so, by necessary infer-
once, restricted the States in the ap-
p'lcauon ot ino proceeds ol the grants carries its benefits directly to the
to the object specified. This act dif-J whole pcoplo ? If this bill is tm
fers from those, insomuch as it cm- constitutional, pray tell mo what
bracesrnVofa pnrticularclassltirough- land bill has Congress over passed
out the country. It dispenses its
blessings us far ami ns wide ns the '
scourge ol the malady it proposes to
relieve.
Let me here remark, in passing. !
ll.nf il... .......... , ., .1. r .1 .1
i'" uisjiusc ui mo puu-
ic lands assuming that Congress
has tti.it power carries with it pro-
priu vigorc the power to impose con
ditions. It would present an iiuom-
uij iii iL-gisidiinn to maie un appro
priation of money w ithout specifying i
the object of it. Would il be any
iho less so lo make a grant of land 1
to o Slntc without designating the sicampcd n good portion of your
objectof it, and thereby resiricting I public domnin ; of your grants of al
thu application of its proceeds to that ternalo sections for railroads, and of
..I.:..... 1 rp, . . '.
tmjetji i mis .,oiiii requires no aM
gumctii. wnera is the act upon
vour statute-books ciunting lands to
any Stato which does not specify tho
object of the grant, and thus, by ne
cessity implication, restrict the State
in thu application of tho proceeds of
. I . -. -.-.-.. ... ti.A nnriini. or nit.i.H. o..n
tuuif1" ,u cm in,uim ujum spu- jvicuciui uovornmcni oy tho 011
cified in die act t So muoh in an-1 Imnccd value of tho residno r ihn
stver lo an objection very frequently
pressed elsewhere, though not urged
in the message, that under this bill
the Stales nro constituted tho mere I
ngenisof the General Government tojgument goes only lo tho policy, and
tnspensu it Duiieuciury uonaiiuri.
.Mr. rrcsiucui, we nave trie author.
ity of oilier and even stronger pre
cedents for this act ihnn those I have
mimed. James Madison and the
Congress of ISIS do not seem lo
have been troubled with any of these
modern constitutional quirks which
forbade their appropriating 50,000
from the National treasury for the
relief ot citizens of Venezuela who
weie left destitute utid starving from
the ravages of a terrific earthquake.
Nor did James K. Polk and tho Con
gress of 1847 get into their heads a
uy of these constitutional crotchets
which inhibited their authorizing
tho employment oi tha vessels of
the Government to transport provis
ions to tho starving poor of Scot
laud and Ireland during tho great
famuio of that time which desolat
ed thoso countries. Nor had it then
becomo fashionablo or esteemed pe
culiarly smart and chivalrous to im
pute to tho advocates of thoso be
nevolent, and noblo, and generous,
and magnanimous aclsthe weakness
of a " sickly sentimentality," or the
want of a manly independence of
spirit, in manifesting some measure
of sympathy with human suffering
Those acts also wcro for objects o!
bettovolonco nnd charity.
And now I ask, once again, was,
it constitutional o relieve tho dis
tressed nnd starving people of for
eign nations by appropriations ot
money nnd tho employment of Gov-
ertitnent shins : nnd is it uuconsti
the several Slates for that purpose?
rlMin nl,Dll. fl.lt. r,T tltn ..mnn.t t.ttl
j nu uujuiuiiy ui iiiu I'luiuaitiiiu
in plied in the inquiry furnishes ils
most significant answer.
If a constitutional question is ev
er to be regarded ns practically and
fully settled by contemporaneous le
gislation and by a long series of suc
cessive legislative acts involving tho
same question, acquiesced in arid
approved by all the departments ofi
tlio Government, it would sppoi tha'
this question had been settled b
yond controversy. Grnnts of the
public lands to n particular State fo;
special objects, and for almost evcr
conceivable purpose, mark tlio ln-
tory of your legislation Iromnnca
Constitution. Aside from origind
reservations, there nro now standinr
upon your statute-books more thai
one hundred acts, running througi
a period of half a century, tnaktn;
and regulating grants of the pub'i;
the Lund Office, to mure than oie
hundred and twenty-three milliois j
of acres, and for almost every var
ety of object. A much largei t
mount has been granted in some it
stnuces to silicic Slates than tli;
wholo amount embraced in this hil
for distribution amous; all tho State).
These acts have been passed by ct
crv Concress and annroved bv evi-
ry President from an early period f
the Government. Out of the hni-
dreds of acts which have passed tlo
two Houses of Congress, running
throned everv Administration from
the beginning of the present cctitu-
veto till this present instance. The
tion of Congress as questions of (K-
pedicncv. Among the vast number
of bills of this description, is it not
somewhat remarkable that the Veto
should fall upon the first bill if all
this series of acts which ni&cs a
table proportions, and for an obiect
of ureat and noncednd merit i hill.
too, which, to the extent of its re-
lief from the burden of taxation for
the support of tho indigent insane,
that in rniiktitnliniinl ? Ami mil mo
furthermore, wherein is tho distinc-
tion to bo drawn as against this mea-
sure? If rltnsn. nets wnro rirli
wherefore can this be wrong ?
,. . "
i am aware oi ttie common argu
men I in favor of the constitutionality
of the large grunts which have been
umdu to a portion of the States fur
educational purposes, internal im
provements. State nnd count v scats:
of grants of salines and of swamp
lands lo iho Stales in which they ure
situated, ond which havo actually
jour proposed grant ot one hundred
and sixty acres of laud for actual
settlement and occupation to each
ono of all tho poor and landless.
I am well awaro that nil these grants
aro justified upon the assumption of
n compensation cnuiva lent in Iho
r - n I r .
lands. Admitting this assumption
to bo true in point of fact which
.actual experience has shown lo be
otherwise in munv instances tho ar-
not 10 mo power 01 uongress to
make the grants. We aro now con
sidering the question of constitution
al power. The point is, whether the
power exists, not whether it has been
properly or improperly exercised.
This very argument, this plea of jus-
iiiiciiiion, ii i may so call it, admits
the power to its fullest extent. Tho
power which can grant lands for a
university in Mississippi can grant
lands for a university in Vermont.
the power which can grant lands
for a railroad in Illinois can grant
lands for a railroad in New York.
The power which authorizes you lo
grant lands for any specific object in
unu oiuiu uiiiiiuiiz.es jou io grant
lands for a like object in every State.
II von have power to grant lands for
the benefit of the indigent sane, as in
the so called homestead bill, you have
certainly equal power to grant lands
for the benefit of the indigent insane,
as in this bill. If there be any dis
tinction in principle as against this
bill, I would like lo havo it pointed
out. If the power exists at all, it
exists without limitation as to par
ticular Slates or to particular objects.
If the power exists at all, the extent
to wl.ch it shall be. exercised, and Intion of tlio last fifty years, in bo
tho purpose for which it shall bo ox- stowing the aid of tho Government,
erased, rest exclusively in tho discre
t'nti and judgement of Congress,
th whom, under the Constitution,
nc power is lodged. The inquiry
lilh me, then, is, in reference to nny
irnsure of this sort, is it expedient;
,v it proper; is it right; dos tho
public interest require it ; will the
pvlihc good be advanced by it?
Whether n given measure be expedi
ci. or not, or whether Congress have
cosiitulional authority to pass it or
n, presents entirely distinct nnd in
dpendent questions. The one dc
pnds upon considerations of public
nhcy, of public interest; the oilier
ifpcntls upon the construction of
lo Constitution.
Mr. President, I readily admit the
claims, the superior claims, if you
plcaso, of the new Slates to large
and liberal grnnts of tlio public lnml
for internal improvements, for cdu
rational nnd many oilier purposes.
This admission is made upon the
iroiind of the greater necessity in
their case, not because any constitu
tional limitation of tho power which
fvould restrict us to make grants to
tie lands States only. I'.ntertaining
io.d acting upon these views, I ntu
lie, standing here, to say to my
fricjds from the new States that I
liav pretty uniformly voted for
(iboiitevery thing jou hove asked for,
and y cur demands have been " neith
er few nor small." I have done so
as it matter of expediency ns n mat
ter of justice, if )ou please so lo
have if as a matter of the more
pressiit; necessity, growing out of
your peculiar position us new nnd
rising empires in this great Republic
of ours. I have dony so, however,
without, by nny means, admitting so
absurd a doctrine us that the Consti
tution confers upon Congress an nu-
thority to do for you and your Suites
what it may not do for niiy-nnd fori
every other State in this Union. If
the Constitution confers power upon j
us to grant lands to the new States!
for internal improvement, cduealion-j
al and other purposes, il confers 1
equal power upon us to do the same
tliiiva for all the other States. Hut '
whether il would bo expedient, and
wi-e. nnd proper lo do it to the same'
cxter;i in the'ono case as in the other,; exclusively confined to the now
must depend upon the different cir- States; that the old States havo
cumstinces and condition of the old , been alomst entirely overlooked.
and iiiw Stales ; and il belongs to j I have no complaint to make that
Coiigjess to make the discrimination, ! tlio new States have received too
lo detide which require the more and ' much, but I may bo permitted to in
whieh the less. Tlio whole thing insist that the old States be allowed to
resolved into a question of uxptdien-j come in and shore a very small por
cy. of policy, of public interest, and tion with them. I cannot refrain
rots uhoethcr in iliu sound judg- from remarking here that it seems
inont and disciotiou of Congrexs. j unfortunate, if not singular aitd
There may have been a great deal of j strange indeed, that tho denial of
impolitic and unwise legislation in , constitutional authority should bo
ro ereuce to thu disposition of the, sprung upon a hill which does a
public lands. Congress may have small measure of justice to thoso
pursued an unwise policy upon this j States which havo not hitherto
subject, ns it doubtless has upon many j shared directly in the benefits of the
others mailers; i.ut that docs not I lands which are conceded to be tho
a fleet the question of their constitu
tional power. Although the Consti-
tulion confers upon Congress all its i
legislative power, it cannot prevent
its injudicious exercise. (u other
words, injudicious and unwise legis-
lation by no means implies a want of islution in reference to the public
power or a violation of thu Coiuti-, lands, ho must strike at some diifer
tulion. ent measure from this. If he would
Mr. President, if this bill now bo-j bo sustained by tho public sentiment
foio us, and which is the only j of the country, let him strike with
measure that for years has looked ' a bold hand and with a fearless iti
towards extending impartial and , dejiendenco at the measures of glutt-even-hauded
justice lo all thu States 1 ed and lordly speculators, who, like
of this Union which is the first the harpies of ancient fable, gather
practical recognition of the right of in clouds about yojir Capitol and be
tho old States, tho first-born of the 1 set your pathway at every slop with
Revolution, to any sharo directly in their concerted schemes of public
the grants of the public domain if plunder; let him strike at these, at
this bill, so equitable, so genoral, so, tho pampered and purse-proud land
impartial and bcneficieiit in its op-; jobbers midland monopolists, who
orations, if this bill is to fall under1 would gamble upon your public do
tho Executive veto, on tho ground main and " fatten upon tlio dripp
that Congress has transcended its mgs of unclean legislation ;" lot
constitutional authority in passing him strike at these, rather than at
such a bill, how many bills, will tho poor, tho helpless, tho wretched
any body tell me, has Congress ever I insane of the country, whom it is
passed for tho grant of lauds in i the object of this little bill to help
which it has not transcended its and to save.
constitutional authority ? Can any Mr. President, wo have been ac
grant be constitutional ? If so, ! customed lo hear a great deal about
what, and how, and to whom, and i the limited powers of this Federal
for what purpose ? The answer to ' Government, and of tho reserved
theso inquiries may givo us some powers of tho State tjovcrnmeiils
light upon tho subject. If this bill j of tho danger uf enlarging the
is an infringement upon the Consti-1 ono, and ol encroachiug upon tho
tution. I hazard little in savint? that ! other of tho bcautv and harmonv
, , -a
you have not an act grantitig lands
lor any purpose upon your statutes
which uoes not commit quite as na-
grant an infraction upon that instru
incut. If this is unconstitutional,
what bocomes of all your pending
land bills, your homestead bill,
your distribution bills, your railroad
bills, the Pacific railroad, and all 7
ti tills bill tails becauso it violates
tho Constitution, these must all go
by tlio board along with it. If this
is the doctrine which is to rule tho
t a a a
nour, let us Know it, and bo pre
pared tor it. Let us slop where wo
are. Let us havo done with grant
ing lauds for canals and railroads,
for schools and for colleges, or for
any thing else. Let us spend no
more timo upon these unconstitu
tional measures.
But, Mr. President, tho argument
of the veto messago docs not con
vince me that this or any of theso
measures aro in violation of the
Constitution. This is tho wrong
bill to take for the sacrifice, if a
sacrifice is to bo mado as commem
orative of a new era an era of re
form in your great land system.
You will allow mo to say even that
it stands in commendable contrast
with any of our other laud bills as
an act of universal beneficence and
of impartial justice. Nor has the
message satisfied mo that tho legis
soinctitncs in inoncy, sometimes in
lands, and soinotimcs by other means
not only upon local improvements
and upon educational objects, but
upon objects of beiievolenco and
charity upon eleemosynary ob
jects, if you plcaso so to call them
has been without tho sanction of
the Constitution. I must be allowed
to think still that James Madison
had some knowledge of the Consti
tution, what powers it conferred on
Congress, its restrictions and limita
tions, and thai ho knew tolerably
well what ho was about when lie
signed the fifty thousand dollar ap
propriation bill for Venezuela. 1
am inclined to think still that James
Monroe nnd John Quincy Adams
had at least looked into the Consti
tution utid learned something of tho
powurK-aml-liities it imposed upon
Congress when they signed tho bills
granting townships of public lauds
for the benefit of nsylums for tho
deaf and dumb to Connecticut and
Kentucky. I shall venture still to
presume that tho early Presidents,
the "old fogies," who had some
hand in getting up the Constitution,
understood its import, and were as
rcliablo ititcrpetcrs of that instru
ment as our present honored Chief
Magistrate. Now, I ask again,
what objection is stated in that mes
sage to this bill which does not ap
ply with equal force, and oven with
greater force, to tho bills of like
character which thoy approved ? I
have not been able to see one. It
is a trito observation, that it is easi
er to raise objections than it is to
answer thorn. And it was not al
together an insignificant remark 1
once heard, that " it was very fo'r
ttuiato for some people that wo had
a Constitution, as otherwise thoy
would not know what objections to
make" If the remark is susceptt
bio of n personal application, I leave
it to tho discernment of others to
make it.
Mr. President, if there is any
ground of complaint on account of
our past policy ill referenco to tho
public lands, it is that it has boon
partial to some of tho States ; that
grants of lands havo been almost
common property of all the States
land of all tho people This bill is
n. bad selection for tho veto
Sir, if tho President would nrrcst
or reform what many regard ns a
wild and oxtravagant system of leg-
---- - --j
ot the system, provided each depart-
incnt bo kept withm its own proper
sphere of action ; and a great deal
about the injustice of casting now
burdens upon one portion of tho
people for tho benefit of the other;
and all that sort of learned twaddle,
as though it had some bearing upon
j this question, or as though somo-
body had denied tlio truth oi ineso
common and thrcadivorn axioms.
I am not awaro that any oouy pro-
poses, just now, to enlarge tho de
gated powers of iho Federal Gc
tho dele
gated powers oi inu i-euuim uuv
ornineut. or to encroach upon tho
resorved powers of the Stato Gov
ernments I And, surely, this bill,
so far from imposing any burthens
upon one portion cf the people tor
thu benefit of another, is the only
hind bill passed by Congress which
effectually extends its bcuofits alike
to all, and rolioves tlio burthens ot
all alike, by an equitable and gener
al distribution.
Tho power to disposo of the
pubic lauds is given to Congress by
tho express terms of the Constitu
tion. Its language is : " Tho Con
gress shall have power to dispose of
and make all needful rules and reg
ulations respecting tho territory or
other property bslonging to the U
nited States." This language ii
clear and unmistakable, so that no
man outside of a lunatic asylum
need misintcrpct it. It gives full
power to Congress "to uisposo of
the territory or other property be
longing to tho United Stales," as, In
the exerci.'o of a sound discretion
and with a duo regard to the public
interest, it may think best. Tho
power is general nnd not limited in
disposing of tho territory or public
lands to particular States or for par
ticular purposes. No more general
nnd comprehensive terms could have
been employed. Tho terms are as
absolute and unqualified as they aro
unequivocal. They give tho same
power over the disposition of the
territory as of tlio other properly
belonging to iho United States, and
recogniso the territory as property
belonging to the United btates
Under this grant of power Congress
may dispose of tho public lauds in
such maimer, and for such purpose,
and in such quantities, for such ppcu
niary consideration or for any con
sideration of public benefit, as it
mny deem proper. Then, I repeat
once more, that the disposal of tho
public lands by Congress is not a
question of power, but solely a ques
tion of policy, of propriety, of pub
lic utility as to the manner of their
disposal. The Constitution does
not undertake to prescribe the mode
or the object, or the extent, oc the
consideration of your grants of the
public lands; that is nil left with
Congress, to whom is committed ho
right of disposal.
This is a sufficient answer to tho
common objection suggested in tho
message that Congress has no pow
er to givo lands or money for elee
mosynary or charitable purposes ;
that Congress cannot bo made tho
almoner of the Government bounty
or the dispenser of public charities.
Or, if Congress has this power, it is
insisted that it ought not to bo oxcr
ciscd for such purposes ; that the
precedent would be dangerous; that
tho example would be contagious ;
that if you givo to ono object you
must givo to another; if you givo
to the indigent ins'ino you must give
to tho poor and needy generally ;
and that applications will multiply
and be pressed upon Congress for all
manner of objects and purposes. But,
sir.it ought not to be forgotten that
theso applications always have been
nnd always will bo mado. Not a
few of them have received tho favor
of Congress. Tho cases I have
named aro examples of this sort.
Tho objection, however, is based up
on tho assumption that Congress,
upon whom tho Constitution confers
the jurisdiction, will not properly
discriminate between meritorious
applications and thoso which are un
worthy of favor ; ergo, Congress
has not the power. This is nil there
is of this objection. Congress may
misjudge, and doubtless often docs,
in relation to the object of its boun
ty ; but what other or safer deposi
tory of this power can you name ?
If Congress is less capable of dis
criminating properly than tho Presi
dent would havo been, for instance,
the only answer, tho only answer
to bo given is, that the framcrs of
tho Constitution made a mistako in
confering upon it this power the
power of disposing of tho public
lands. Tho objection amounts to
this imputation, and nothing more.
Congress may abuse its trust, and
not less by failing to do what the
public interest demands and for
which there is no corrective by tho
veto than by doing what is hostile
to the public interest. But in neith
er caso docs it imply a want of pow
er, although in both it may imply a
want of judgment.
Mr. President, after Congress has
granted tho very handsomo outfit
of ono hundred and twenty-three
millions of acres of tho public do
main to a part of tho States and
Territories, and for almost every
imaginable purpose, and not ono
acre to some of tho other States for
any purpose, it would seem to bo
rather lato in the day to deny tho
expediency, the propriety, or the
constitutionnlity of granting the
comparatively small amount ol ton
millions of acres proposed m tins
bill for equal distribution among all
tho Statos, for an object which
commends itself to the favor and ap
probation of every body.
Tho argument that the Govern
ment holds the public lands in trust
and for tho oenofit of all the States
docs not at all militate against the
authority of Congress to dispose of
iho lands in tho manner proposed
by this hill, but tho rather in favor
of it, unless it bo a violation of tho
trust to givo back to tins pcoplo a
portion of what actually belongs to
them, a portion of their own propor-
Tiio people ot tho united
States aro the cestui que trust the
party for whoso benefit the trustpro
periy is held. When, therefore, the
trustee the Federal Government
has so administered the trust pro
perty, or when the trust property or
any portion of it has been so dis
posed of as to enure to the benetit
of the cestui que trust the people
ol tho United States it is m pursu
ance of and a faithful execution of
the trust. This bill does exactly
that thing.
Sir, if I felt called upon to dis
cuss tlio question of the expediency
of this measure, its relative merit,
its relative claims upon your favor
able consideration, I imagine it
would bo found to be no very diffi
cult task to show about as much of
merit, of public utility, of enduring
beneficence to a grant of land which
has for its object tha relief of thirty
thousand American citizens, suffer
ing tinder the most fearful malady
that afflicts the human race, as could
be shown in tho grant of land for
tho improvement of street and al
leys in Tuscarawas, or for the im
provement of tho river bank in
Shawncetown, or even in tho grant
of land for an academy in the Stato
of my friends, near mo, from Flori
da, (Mr. Mortos,) or for a court
house and jail in Arkansas. But I
will not weary tho patience of tho
Senate in this preliminary debate
upon tho message by going into a
discussion of tho relative merits and
claims of this compared with other
grants which havo received tho fav
or of Congress and of tho Execu
tive. With all duo deference and re
spect I submit that, with tho Con
stitution before you, and in the faco
of your legislation of half a cenlury
upon ihi subject, it is idle,. ir,is.lit
tlc short of the ridiculous, to talk
about tho want of authority in Con
gress to pass this bill. I have only
to express the hope that it may re
ccivo the sanction of a constitution
al majority in both Houses, and be
come a law of the land, notwith
standing the objections of the President.
BV V. V. WAI.T02V.
"He that by Ibe now would thrlte
lllmlairmuet.lthar hold or oalra."
Items. This is said lo be an age
of progress ; and what was formerly
dotio by individuals in long metre, is
now dono by companies nnd corpo
rations " in a little less than no
timo." Tho company chartered for
giving pigs an extra kink in their
tads, by mixing pulverized cork
screws with their feed, is said to be
in a prosperous condition. The
joint stock company, for a transit from
Liverpool to China, with a branch
running off to Mount Etna, for the
supply of ventilation and heat, it is
supposed, will greatly reduce the
price of fuel. A good wood
pile, properly sheltered, is estimated
by men of common sense, to be bet-
ter than money at 12 per cent inter
est. And dry wood 25 per cent
cheaper than green, as it takes one
cord of dry maple wood to burn out
the water contained in two cords of
green beach, birch or chn, to say
nothing of hemlock and basswood.
Well, tho upshot of the matter is,
you had better havo n year's supply
of fuel, in advance ; just as a sensi
ble farmer pays for his paper.
Tho " Agricultural Farm," which lias
been playing nt the Patent Office,
Washington, since the vVithdravv
mcnt of Mr. Ellsworth, it is hoped
will be succeeded by an Agricultural
Bureau, at which some sensible and
practical Farmer will preside.
The hen fever rages in western New
York. A Mr. Parker, of Rochester,
has realized, from a pair of Cochin
China Fowls, 4U3 in less than a
year. Tho chickens sold for $10
per pair, and the eggs for $4 per
dozen. Wo have fine fowls, of the
same breed, and eggs to matfli, for
less than half the money. A
patent nut-cracker is announced
among the now inventions of tho
age. You that have nuts to crack,
or potatoes to dig, as tho Paddy
said, " bring them on." Guinea
hens ore said to unitu the properties
of alio turkuy and tho pheasant, and
aro as near ever-lasting layers as
their lives will permit. A thriving
farmer, in New Jersey, by the name
of Bonner, owns a flock of them,
varying from 800 to 1200 in num
ber. Bonner owns a farm worth
j $ 1,700, has never kept a hired man,
arid owes not a cent in tlio world.
lie attributes his prosperity to his
flock ot Guinea Hens, which, like a
live Yankee, eek tho highest place
to roost, and make a deal of noisy hi
tho world. By the way, hen
houses should be kept clean, and
plaster, and lime sprinkled over the
floor often the manure put away
in a dry place, and each Ijjer sprink
led profusely with mould. The best
of manure, and a good deal of it,
will thus be saved for tho farm.
Water, gravel, meat, and grain, giv
en lo the fowls will multiply the
eggs and the profits. Cows
may bo well and cheaply fattened
on apples. A farmer in Mass., fat
tened a cow in thirty-five days on
apples, and seven bushels of corn in
the cur. She gained 32 lbs., in one
week. A good way to make excel
cellenl beef, and avoid tho cider
prohibition of tlio new liquor law.
A Word to Young Mechanics.
Young mechanics, who would pros- '
per in business, have only two rules
to live up to, insure success. Fiitl,
do your work us your customers
wish to have it done. The other
rule is do it by the time you promise
to have it done. The two rulaa eaai
plied with, and there is not uwh
danger, if any, of a fuilure,