SENATE.]

Kenyon College.

(MARCH 28, 182

cessary for me to eulogize this institution. She has, this moment, too many sons within these walls, to mak any eulogy from me either necessary or proper

Mr. HARRISON made a few remarks, in which he al luded to the Colleges in Virginia; but the reporter col not distinctly hear them, on account of the noise in th gallery.

from the circumstance that no similar application has been made from other States, the erroneous inference is drawn, that other Colleges do not need assistance. Such is far from being the fact. One of the institutions named in the amendment, and that the most flourishing and best endowed in the State, has been struggling, in vain, for years, to raise funds sufficient even for the erection of a chapel In the other, additional Professorships are high- Mr. TYLER would not have risen, but for the refe ly necessary. Both would have long since offered their ence made by the gentlema» from Ohio, [Mr. HARRISON petitions, supported by unquestionable proof of necessito William and Mary College, and the distinction attemp ty, if they had been informed that grants were to be made ed to be drawn in favor of Kenyon College, to the pre for such purposes. dice of similar institutions in Virginia. Extensive grants It is, indeed, an easy mode of satisfying an applicant, it was true, had been made to William and Mary, by th for a State Legislature, when indisposed or unable to King of England, yet it rested also on the basis of priva yield the assistance prayed for, to endorse an application donations. But William and Mary was not the only lite to Congress, and thereby secure to it extraordinary con-rary institution in that State, which was indebted to pr sideration. But let it be generally understood that the vate donations. The College of Hampden Sidney, whic influence of such application is to be irresistable, and had been for many years highly prosperous, had bee where is the State that will not immediately apply? The reared entirely from the subscriptions of individuals, e two other Colleges in Ohio will at once ask for grants, ver having received, as he believed, one dollar from t under the same imposing influence, and so will every exchequer of the State. The same remark was equall College in the country. true in regard to Washington College; and, as to the Un These observations, Mr. P. said, had been drawn from versity of Virginia, although it had received considers! him with reluctance. But, considering the quarter from endowments at the hands of the Legislature, yet it als which the opposition to his colleague's amendment arose, had received important aid from the contributions of is he should have thought himself inexcusably negligent of dividuals. If the right existed to make grants of the na his duty, were he to have remained silent. He was not ture contemplated by the bill, he could not admit tha opposed to the application for Kenyon College. He held any distinction existed, either in principle or policy, be in high estimation the learned and worthy individual, by tween the case of Kenyon College and those which whose laudable exertions that institution had been had named. If any one State in the Union had stronge founded. No man stood higher for purity of character, claims than any other on the public lands, surely it work or philanthrophic efforts. But the path which the wor-not be denied that Virginia was that State. She L thy Bishop has trodden, was long since explored by one surrendered an extensive empire, out of which had bee of the literary patriarchs of New England. The exer- carved important States. Those States might be just tions, and, it may be truly added, the sufferings, of the considered to be her daughters, for whose benefit she founder of Dartmouth College, in New Hampshire, in had surrendered her lands-whilst she had placed hersel promoting the establishment of that ancient institution, somewhat in the situation of King Lear. But he did no have never been surpassed. The founder of Kenyon ask an appropriation of a portion of the public lands t College, the Wheelock of the West, has but followed the Colleges of Virginia. He did not believe that Con in his steps. There are no circumstances operating in gress had any right to make such appropriation, either to favor of a grant to the College in Ohio, that may not be them or to any other literary institution. On the contra urged, with equal force, in favor of Dartmouth College, ry, he protested against the passage of the bill under and many other similar institutions in the Union. consideration, because he believed there was a total ab sence of such power in Congress.

મ

The proposition of the Legislature of Maryland, to set apart a portion of the public lands for the purposes of education in all the States, Mr. P. had always thought correct. It had received the sanction of the Legislature of the State to which he belonged, and, he hoped, would eventually be successful. But, what say the Senators from Ohio? Substantially this: Encumber not the bill with any proposition for a like grant to Maine. Talk not of a general distribution now. Pass this bill, and, upon the question of a general distribution, “although we will not promise to carry a single vote in its favor from the new States, we will give it our dispas sionate consideration." Would not that "dispassionate consideration" be quite as likely to lead to equitable results, if the bill for the relief of Kenyon College should be merged in the general proposition?

He did not think

It might be considered that the proposition before the Senate was of little consequence. Immensely important consequences often flowed from ap parently trifling causes. The proposition made by M Madison, when he was a member of Congress, to cause a survey to be made of a post road from Maine to Georgia a proposition which, at the time, scarcely attracted the attention of the public, had been made the basis of the system of roads and canals. All the advocates of that sys tem planted themselves upon that precedent, with an air of triumph. The sympathies of Congress had been ap pealed to on behalf of the deaf and dumb, and land had been given. That was already quoted as a precedent justifying the passage of this bill. He thought that, if the present bill passed, the Government might fairly be conMr. FOOT said, he did not rise for the purpose of en- sidered as having acted upon a new doctrine pregnant tering into the discussion of this subject; but merely for with consequences the most fatal in their character to the the purpose of either correcting the statement of the Se- sovereignty of the States. If Congress had the right to nator from Ohio, [Mr. HARRISON] in relation to donations endow a college, it had an equal right to establish pr of land, made, as he says, by the Crown, to every Lite- mary schools of instruction; and a system reared upon rary institution established in the Colonies," or, to enquire this principle would address itself as strongly to the inte of the Senator where the State of Connecticut can find rests of the States, as any other which had been acted upon. the lands given by the Crown to Yale College? Sir, if the Nor were his fears upon this subject wholly imaginary. Senator can inform us where these lands can be found, he The President, in his first message, had thought proper will confer on that institution and on the State, a very to recommend the establishment of a National University great favor. Sir, Yale College has attained an eminence and, acting upon the principle in extenso, a proposition, which has never been attained by any institution in this, he believed, had been made in the House of Represen or perhaps in any other country, with funds so limited as tatives shortly thereafter, to establish primary schools are the funds of this College. But, sir, it cannot be ne-throughout the Union. Were gentlemen prepared to set

CH 28, 1828.]

Kenyon College.

ccedent which would be carried to such conclusions?
wanted to know of what value the State Governments
be, if this Government took into its hands the su-
sion of the highways and the education of children?
rginia made lier donations of lands for objects speci-
in the grant; the most important of which was the
guishment of the public debt. The lands were to
Eisposed of for that purpose. That compact was made
rior to the adoption of the present Constitution, and
qually obligatory with it. Congress had no more right
Expunge that condition or stipulation, than to strike
the Constitution itself any one of its features. The
to give lands or to appropriate money from the Trea-
, were equivalent, and he objected to both alike.
e had risen merely for the purpose of giving the ex-
ation which he had given in relation to the literary
tu'ions of the State from which he came, and while
he could not avoid calling the attention of the Senate
he nature and tendency of the bill.

[SENATE.

need not descant upon the value of education in a free
country. He would barely say, that the preservation of
our republican institutions must depend as much upon
the intelligence as upon the virtue of its citizens.
Mr. BRANCH said a few words, and moved to recom
mit the bill, with instructions.

Mr. CHANDLER said, that his object in making the
motion was to bring the question before the Senate, to
determine how far they would go. If his amendment
were rejected, he should vote against the bill.
Mr. RUGGLES said, that Kenyon College was an in-
corporated institution, and this donation was for the bene-
fit of the corporation. He went into a detail of facts, to
show that it was not a sectarian institution. He believed
it was common for all colleges to be more particularly un-
der some denomination, but it did not necessarily follow
that there was any thing exclusive in the establishment.
He hoped the bill would be allowed to progress unin
cumbered. He had no objection to providing for the
State of Maine; but if the motion was persisted in, the
bill would be lost. As to the idea of the gentleman from
Maine, [Mr. PARRIS] that his State had a fair title to a
share of the lands of Ohio, because Maine had assisted to
conquer them, he would observe that it was an erroneous
conclusion, as Ohio claimed as citizens a large number of
the heroes of the Revolution; and it would be recollect-
ed, that, when the bill for the relief of the Revolutionary
officers was under discussion, Ohio was found to have
her full share. The lands were conquered, and the in-
dependence of the country established by all the States,
generally nor could any State claim the merit of the
achievements of the Revolution above another.
Mr. CHANDLER made a few remarks which were not
heard.

On motion of Mr. RUGGLES, the yeas and nays were ordered on the motion of Mr. CHANDLER.

He

». BENTON objected to clogging the bill with a new
ision at that stage, after it had undergone all the or-
ry forms, and had been discussed in Committee of the
cle, and was ripe for final decision. He objected,
, to running parallels between the claims of different
es, and striking a balance which was to be liquidated
legislative acts. He conceived that every bill ought
lepend upon its own merits, and not upon its associa-
s, and that the one in question (for the benefit of the
yon College) ought to be left to run its course, free
m the companionship of the way passengers which
ght attempt to join company with it. This bill was for
object, specific, notorious, and recommended by the
orable request of the Legislature of Ohio. A legisla
= request from a sovereign State ought, at least, to
al for something. The new States, he admitted, ap.
red, almost too frequently for their own dignity, at
bar of Congress, in the character of petitioners; but Mr. McLANE said he rose to request the gentleman
case was not subject to that remark. It was an ap- from North Carolina to withdraw his motion, as he (Mr.
ation in behalf of a literary institution, which had made McL.) would propose another, which would, he thought,
way, from small beginnings, to a point of eminent use- meet the views of the gentleman from North Carolina.
ess, and that chiefly by the great exertions of a single Mr. BRANCH withdrew his motion to recommit.
valual, the pious and learned prelate, Bishop Chase. Mr. McLANE said that he was desirous of so modify
fact that the institution had been able to commanding the bill, as to make it more comprehensive, so that,
gh a testimonial of regard from the Legislature of if it were proper to pass it all, it might embrace other
State in which it was placed, would be conclusive,
tit merited the friendly consideration of Congress.
amount of aid asked was not considerable, whether
regarded the ability of the donor or the meritorious
tre of the donation. The United States had more land
she could sell for any terms, even the lowest. The
rship requested would make no diminution which
ld be felt or known. The benefit of it would accrue
uture as well as to existing generations, to the peo-
of any part of the Union as well as Ohio. Students
go there from any State, and receive the benefits of
on on terms of unexampled moderation. If the
States, and Ohio among others, were the owners of
the vacant soil within their limits, it might be proper
them to sustain their institutions upon their own re.
cs; but as the fact was, all the vacant soil belong-
to the Federal Government, paying no taxes, bearing
hare of the public burthens, there was certainly a mo-
gation on this great landlord, an absentce in the
sense of the word, to contribute to the advancement
public object, whether for the improvement of the
er the country, or otherwise. He knew it might be
at the United States had made an appropriation of
for schools; but he considered all such appropriations
ly overbalanced in this case, by the fifteen millions of
which Ohio had paid for public lands, by the taxes
she had lost, and by the increased value which the
try and capital of her citizens had cast upon the
lande. Mr. B. concluded with saying, that he

objects than the particular institution provided for.
was unwilling that the bill should proceed in its present
shape. It involved a subject of great magnitude, and
proposed going further than we had ever gone before.
Hitherto we had confined our donations of public lands
to institutions for the education of the deaf and dumb.
To be sure these were institutions of a peculiar character,
as well as it regarded the mode of instruction, as the un-
fortunate objects of their care; and on these accounts
stood in need of aid, which might not be had from indi-
vidual resources. On this ground he had hitherto stood,
but this bill proposed to travel beyond that, and appro-
priate the public lands for the founding and endowment
of an ordinary college. He did not know that he should
be opposed to such appropriations, if the policy could be
extended to all the States, and in such a manner as to pro-
mote the objects of education in each. He was unwilling
to confine the favor to a single institution, in a particular
State, without a prospect of extending its advantages to
others. The whole subject was one of great importance,
and he thought it incumbent on us to weigh it well before
we acted definitively in any particular case. He thought
we could not make this grant to Ohio and refuse it to
other States. The land was alike the property of the
whole Union, though the gentleman from Ohio [Mr. HAR-
RISON] seemed to consider it the exclusive property of
the new States. It had been acquired by the common
funds, and for the common benefit of the whole, and if it
were now to be given for the purposes of education, there

SENATE.]

Kenyon College.

[MARCH 28, 1828.

was no reason why all the parts should not share equally, who had previously occupied the station he now fills, He saw nothing in this particular institution which enti-and whose earnest recommendation of the same favorite tled it to peculiar favor; he thought, too, when this poli-object, had not, he believed, made them the subject of cy was adopted, that it would be proper to give to such the censure which is implied in the recommendation of Sate its proper proportion of the land, to be applied as an unconstitutional measure. This object was peculiarly in its own judgment might be proper to the several insti- and earnestly urged by General Washington, as well as tutions within its limits. Mr. McL. would, therefore, by his successors. move to recommit the bill to the Committee on Public Lands, with instructions to inquire into the expediency of making donations of land to each of the States, for the support of colleges within those States.

Mr. BARTON opposed the bill. The State of Ohio, in his opinion, had no special claim to this donation; and that State had already received its full share of land for the purposes of education. He thought, if the lands were to be applied in this way, they ought to be applied equally to all the States in the Union. There were an hundred institutions in the country with equal claims upon Congress.

The honorable gentleman could perceive in this bill, not only the consummation of the purpose suggested by the President's message, but another, even yet more at war with the constitutional restraints on the power of this Government, "the establishment of Primary Schools." But whence arises the apprehension that Congress is about to establish primary schools, or schools of any kind? There is not one word in this bill which connects Kenyon College with the General Government.

[The Chair here interposed, and said, it would not be in order to discuss the merits of the bill on the present motion, which was to recommit, with instructions, and the remarks of the Senator must be confined to that motion.

Mr. RUGGLES opposed the motion of Mr. McLANE. If the bill went back to the committee, it would be too late to act upon it this session. If, on the other hand, Mr. C. asked, if it was not in order to discuss the methis bill were passed this year, the gentleman from Dela-rits or the effects of the measure which would be report ware might bring forward his proposition at the next ses-ed, if the committee should adopt the affirmative of the sion. He hoped the bill would not be carried out of the proposition contained in the motion submitted? Senate by a motion to recommit. Mr. R. concluded with some remarks in answer to those of Mr. BARTON, which were not distinctly heard.

Mr. HARRISON replied to the remarks of Messrs.

MCLANE and PARRIS.

The VICE PRESIDENT said it was in order so to do. Mr. CHAMBERS said, he should, then, contend, that the proposition submitted by the honorable gentleman from Delaware, [Mr. McLANE,] was equally exposed to the objections urged by the honorable gentleman from Virginia, against the bill in its present form.]

Mr. CHAMBERS said, the proposition to make a distribution of a portion of the public lands amongst the Mr. CHAMBERS then resumed his remarks. The States, for the purposes of education, originated in Ma- only principle contained in this bill, which, by possibility, ry land, and a very able argument in support of it was can involve a constitutional question, is, whether the put forth by the Legislature of that State, which receiv- Congress of the United States has power to grant the ed great consideration from Congress. He had always public lands? From the earliest history of the Govern concurred in the view of the subject taken in that argument to the present moment-including the present Ses ment, and would go as far as any one to give it practical sion-this right has been exercised and acquiesced in. effect. He should, nevertheless, oppose the reference, Grants have been made to the new States; to canal com with the instructions proposed, because, in the first place, panies; to road companies; and to companies or assohe did not believe there would be time to act on the sub-ciations for the relief of the deaf and dumb. If a grant ject during the present Session, with any prospect of concluding it, and, if not finally acted upon, the experiment now suggested might prejudice, rather than advance, its ultimate success: whereas, by passing this bill in its present form, no additional difficulty was opposed to the adoption of the general system. He was much gratified to hear a favorable opinion expressed of that system by so many members, and would indulge the anticipation that it would continue to grow in favor.

There was another motive, which would, of itself, induce him to oppose the motion to recommit. The bill was introduced, in pursuance of the suggestion of one of the States, in the shape of a direct appeal to Congress in favor of this institution. The Senators from that State had

expressed a decided wish to obtain a decision on this appeal, without connecting with it any other subject. They deemed this course most courteous and decorous to the State of Ohio, and he thought it but reasonable to in

dulge them.

can be made to a State, it is difficult to perceive the dis tinction which would prevent a grant to an incorporated company; and if to one character of corporate societies, he was at a loss to conjecture how the Constitution could be supposed to forbid a donation to another corporate society. The question was altogether one of expediency, Congress had required, from those who had asked a grant of public lands, satisfactory evidence that the object to which the grant was to be applied was meritorious in it. self; that the grant was necessary to effect the objecti and that the accomplishment of it was calculated to give greater value to the adjacent lands owned by the Government.

In this case, the College is designed to accomplish an object admitted, on all hands, to be desirable in the high est degree-the diffusion of useful knowledge, amongst the youth of the country, even those of contracted and limited pecuniary means, and without regard to political or religious divisions. The benefits of the institution are While on the floor, Mr. C. said, he could not refuse not to be (as it has been suggested) in any degree conhimself the occasion to say a word in reply to the refined to individuals of one religious sect, nor are its ope marks of the honorable gentleman from Virginia, [Mr. rations to be made conducive to the formation of the re TYLER] That honorable gentleman had thought it pro-iigious creed of its pupils. It has been incorporated by per to say, that he perceived in this bill the execution, in the State of Ohio, and recommended, by the unanimous part, of the system announced in the message of the Pre- vote of the Legislature of that State, to our especial pa silent to the Congress of 1825, and to which the honor-tronage, as the recipient of our bounty in the precise able gentleman takes exception.

In that message, the President recommended to the attention of Congress the propriety of establishing and encouraging a National University. In doing so, the President had but adopted and repeated the declarations of anxious solicitude which had been expressed by those

mode now proposed in the bill. The proceeds of this grant will be applied to the erection of buildings and improvements, and the accommodation of an increased population, which will necessarily lead to an enhanced value of the adjacent public lands. In what, then, doer this grant differ from those heretofore made, in respec

MARCH 28, 1828.]

Kenyon College.

to any constitutional principle? or how does it involve any question of establishing primary schools, or any other schools? The Government is to have no interest in, or control over, the institution: its affairs are to be conducted by the trustees, who, by its charter, preside over it; they are not created by the Government, or in the smallest degree amenable to it ; nor are their operations, in the slightest respect, subject to its supervision.

It was not his intention to go into the merits of the bill. That duty he cheerfully confided to those who had taken more active interest in the subject. His only design had been to show that the measure was free from the imputed charge of conflicting with the Constitution.

[SENATE.

of at least 25,000 acres of the public lands to every
State in the Union, for the purposes of education. The
question is therefore now fairly brought up, whether it is
constitutional and expedient for the Government of the
United States to take this subject under their care.
am in favor of the motion made by the Senator from Dela-
ware, [Mr. M'LANE,] to re-commit the bill, with instruc-
tions to inquire into the expediency of making a similar
grant to every State in the Union, because it looks the
subject fairly in the face, and presents the true question,
which we are now called upon to decide; and because,
if we are to make a grant to any one State, I am clearly
in favor of making similar grants to all.

Mr. HAYNE said that this bill had been considered, by But, sir, I have no hesitation, whatever, in entering, at
the Senator from Ohio, as making an appeal to the good this stage of the business, my protest against the exten-
feelings of the Senate-and another gentleman had gone sion of the jurisdiction, and the appropriation of the funds
so far as to say, that, to vote for it, would only be an act of the Federal Government, to purposes of education
of proper courtesy to those at whose instance it had been within the several States. I know that all measures for
introduced. Such is the guise, Mr. President, under the promotion of benevolent objects find an advocate in
which a measure is ushered into this House which involves the bosoms of most men, and that the idea that the nation-
one of the most important principles that could pos al funds should be appropriated to the improvement of
sibly be submitted to our consideration; and which, the condition of the People, (whether by cutting roads
should it be sanctioned, will establish a precedent, that and canals, enlarging the boundaries of science, or culti.
cannot be followed up to its legitimate consequences, vating the minds and morals of the community,) is one
without undermining the very foundations of the Fede- very apt to be cherished by all those benevolent persons,
ral Government. Sir, in matters of mere courtesy and who, when a good end is to be accomplished, never trou-
good feeling, I should be disposed to go as far as any ble themselves with an examination into the evils which
gentleman here; and towards the new States, I have ne- may grow out of the measures adopted for its accomplish-
ver cherished any sentiments but those of kindness. But, ment. To such men, the bare suggestion that the Con-
when it is proposed to extend the jurisdiction of this stitution opposes a bar to the prosecution of any just or
Government to the subject of education, within the benevolent scheme, is regarded as a profanation of the sa-
limits of the several States-when we are called upon to cred character of that instrument. But, sir, we, who,
stretch the Constitution, so as to embrace that large class though charged with the duty "of seeing that the Re-
of subjects which appertain to the improvement of the public sustains no detriment," find ourselves restrained
moral and intellectual condition of the People within within the limits of a strictly delegated authority; who
those States-are we to be told that the decision of a perceive, and feel, and are compelled to acknowledge,
question of such immense magnitude depends entirely that the liberties of this country can only be preserved
upon the courtesy and good feeling of this House? Gen by a strict adherence to the Constitution; we, who know
tlemen insist that we must confine our inquiries strictly that, to extend the jurisdiction of the Federal Govern-
to this bill, which merely proposes to grant a township of ment over matters clearly reserved to the States, will final.
land to a College in Ohio. But why do so, sir? Is it be- ly overthrow this beautiful fabric of Government, which
cause gentlemen are unwilling to have exposed to open now stands the admiration of the world; we, sir, in the
view the magnitude of the question involved in it? Is it be- exercise of our high and sacred trust, cannot be influenc-
cause they apprehend that the grant of a single township ed by any considerations but the preservation of the li
to Ohio will be considered a small matter, while a similar berties entrusted to our care. It is our duty, sir, to exert
provision for every State in the Union would excite the a vigilant control over every department of this Govern-
vigilance, and alarm the fears, of those who look with dis- ment, and to resist every temptation to overleap the
trist on all extensions of the powers of the Federal Govern- bounds of our authority. Sir, I am not more firmly con-
ment, and especially over subjects which peculiarly belong vinced of the unparalleled excellence of our institutions,
to the individual States? But, sir, can any gentleman wisk than that they must be of short duration, if this Government
so hard as not to see that this bill does, in truth, involve the shall long continue to exercise jurisdiction over matters
question, whether the Federal Government shall take which belong to the States. By the very form and struc-
the subject of education into its own hands, and appro- ture of our Government, the jurisdiction over all matters
priate the national funds to that object? I put it to the of a domestic or local nature is reserved exclusively to
candor of the Senators of Ohio to say, if this bill should the States. To the Federal Government belong those
pass, will they can they-refuse a similar grant to Mis- powers which concern the foreign relations of the coun-
souri or Kentucky, or to any of the new States? And try-such as the question of peace and war, our commer-
While
when education shall be amply provided for, by grants cial relations, and others of a similar character.
of the public property in all of the new States, will they this great division is strictly adhered to, and good faith is
refuse similar grants to "the good Old Thirteen?" Can observed on both sides, harmony will exist-but, when
they refuse it to Virginia, who generously and magnani- the Federal Government shall undertake, with its patron-
mously surrendered, without price, the very domain age, its influence, and its revenue, to invade the States-
eat of which this grant is to be made, and who surrender- to interfere with, to regulate, and to control, their do-
edit, too, on the express condition that it should be ap-mestic concerns then will begin that mighty struggle,
pled to the equal benefit of all the States? Grant it to the issue of which will decide whether this shall become
Virginia, and surely it cannot be denied to any other a great consolidated Government, (with all power cen.
Sate in the Union. Will either of the Senators from
now rise in his place and tell us, that he will vote
nst any such proposition? I know they will not.
Such a declaration would be the death-warrant of this
bill Then, Mr. President, I am justified in assuming,
what is in truth beyond a question,) that the passage of
is bill must, of necessity, eventually lead to the grant

VOL. IV.-35

tered here,) or continue a Confederacy of free and independent States. It will be a struggle between liberty and despotism: for, surely, no man can be so infatuated as not to perceive that the destruction of the sovereignty of the States must inevitably lead to despotism here. But, sir, it is not my purpose to enter into the discussion of the constitutional questions involved in this bill.

My

SENATE.]

Kenyon College.

(MARCH 28, 1

tions in the Union. Sir, if the subject-matter is fa within your jurisdiction, it will be better to adopt a g system, at once, for the advancement of education every State of the Union. My objection rests on ground of your having, under the Constitution, noti at all to do with the subject.

purpose is merely to rouse the attention of the Senate to to stop? It is to my mind perfectly clear, that, if the importance of this question-to put them on their pass this bill, you may, on the same principle, be ca guard against suffering what I must consider as an alarm-upon to provide for all the literary and scientific inst ing extension of the powers of the Federal Government, to creep into our legislation, in the humble and imposing garb of a charitable donation to a literary institution. Sir, this Government has already gone too far in assuming jurisdiction over subjects which either do not belong to them at all, or which they could only exercise under limitations which have been wholly disregarded. Let us look for a mo- The gentleman from Ohio has alluded to a cire ment at the powers which Congress have already assumed, stance connected with the Kenyon College, which, to as well as the extent of that which we are now called upon apprehension, seems very much to strengthen the ol to exert. The Federal Government has taken under its tions to this bill. He tells us that large contribu charge the whole subject of Internal Improvements have been raised in Englard, among the members of within the several States, without restriction or limita- Church to which the venerable Bishop at the head of tion. We are now surveying the country, from Maine to institution belongs, and that we ought not to suffer s Georgia, and from the Atlantic to the Mississippi, nay, generous contributions to fail for want of our co ep beyond the Mississippi, to the very frontiers of Mexico, tion. Sir, in this circumstance 1 find conclusive evidu with a view to the establishment of a magnificent system of the fact, that this is to be a scctarian college. I co of Internal Improvement. We have already appropriat- mean to use that word in an offensive sense; I m ed millions of dollars, and millions of acres of land, to merely that the institution is to be under the peculiar these objects, and have already actually surveyed the of professors of particular religious principles. The routes of roads and canals, which it would take the whole tleman from Ohio may be right, when he says that se revenue of the country, for twenty years, to construct, rian colleges always succeed best. My objection is agand yet the surveys are not completed. Roads and canals any connexion being established between the Un for military and commercial purposes, and for the trans- States and such institutions. The Federal Governm portation of the nail, have been laid out in every direc-is prohibited, by the Constitution, frem any interfere tion. But these, we are told, are all national. Sir, I should really be glad to know what gentlemen mean by a national road or canal. If those only are national, in which every State has an interest, then, certainly, very few of that description have yet been surveyed; and if all are national in which any portion of the people have any interest, then all are of this character. In the latitude assumed on this subject, it is certain that the power of the Federal Government is limited only by its will, and may be exerted to the extent of the whole resources of the country; and it will, I fear, be found, in its exercise, to be a power not to unite, but "to divide the States, by roads and canals.” Having assumed to yourselves unlimited jurisdiction over internal improvements, your next step was to take under your care the subject of charities. Townships of land have been granted to Kentucky, Connecticut, and other States, for the benefit of the deaf and dumb. This has been done, because these unhappy persons were unfortunate. But are not lunatics equally un fortunate? Is there a form of human misery better calcu lated to excite all the sympathies of our nature, than a family of helpless children, left in a state of orphanage, without the means of support? Are the aged and the sick, and the destitute of every class and condition, to be excluded from your bounty, if misfortune alone is to be the ground of your interference? Sir, it is clear that, on the same principle on which you have undertaken to provide, out of the national funds, for the deaf and dumb, you may take all the charities of the country into your own hands, and build up a system of national poor laws as oppressive as that of Great Britain. But now we are called upon to take another most important step. We are to make a grant to private persons, to enable them to establish a college. It is not a grant to the State of Ohio, but to a corporation, consisting only of a few private in. dividuals. A great deal has been said of the benevolent character and distinguished talents of the right reverend gentleman who is at the head of Kenyon College; and the excellence of the system adopted at that institution has been highly eulogized. Sir, I accede to all that has been said on these points. But, if you make a grant to one college in Ohio, will you not be called upon, and can you refuse, to make it to others? And when you have passed through all the respectable colleges in the United States, must you not take up the common schools, and provide also for them? In short, at what point are you

in religious concerns. It is our true policy, and a fi mental principle of our Government, to permit no nexion between Church and State. Sir, if you estab an Episcopal College out of the national funds, can refuse to do as much for the Presbyterians, the Bart the Methodists, or Catholics? It appears to me wew under peculiar obligations to make a sin.ilar appropria for the Catholics in Ohio, unless you mean to take against the members of that Church; for it was but other day I read an extract from an English paper, ing, as a reason why members of the established Ch in Great Britain should advance funds in aid of Ker College, "in the new Diocess of Ohio,” that the F contributed funds for the advancement of Popery th Sir, the Congress of the United States should have thing to do with matters of this sort. If we are to go c the course we have pursued for some time past, I k not what subject of legislation will be practically reser to the States. If to all the subjects for the action of Federal Government, fairly deducible from the Cor tution, you are to add the superintendence and cor over internal improvements, charities, education, and ligion; and if, after having exhausted those, you ar set about "the organization of the whole labor and esp of the country," (as recommended by one of the high ficers of the Government,) what, I again ask, emphati ly, will be left to the States? Without going at large. the subject, at this time, I must be permitted to expr my firm and settled conviction, that the liberties of People depend on the preservation of the sovereignty s independence of the States. This is our only safeguar and the only bond of our Union. But the gentleman o the other side insist that this is not a grant of the nation al funds, but only of the public lands, to an object which they are properly applicable, and to which the 16 section, in every township, has already been actually plied. I answer that these lands are the property of t United States, and it is not easy to conceive that we ba a right to apply our real estate to objects to which could not lawfully appropriate money. These lands the common property of the whole nation, and no m applicable to schools in Ohio, than to schools in the ot States; and, in relation to the 16th section reserved each township for schools, we were told, the other d by the gentleman from Alabama, and no doubt correct that these were substantially sold by the United Stat