The Arkansas advocate., 1836-06-10

profess te he what Is called strict consr,otionst of the Constitutions and that our power to appropriate
 money IS necessarily confined to appropriations effect some ogjeef uP0n oaeA Congress expressly empoaoeed or some necessary and appropria4e means effect such enumerated objects. Still never have Been sdfsed we do not possess the power distribute surplus revenue, if 1t is believed wise to do SO.
 No just Government will take, either by direct ar n direct taxes, money than necessary to tIefay all the reasonable expenses of the Governmen When ta are imposed either directly or by assessment of dues 1t cannot be foretold precisely how much will be want ed, how mulch will be received in the Treasury We must necessarily act upon estimates. To some extent we will be ths and for the sap of collecting what will be certainly sufceht, we will almost nyariably collect more than is necessity In seres of years these accumulang balances will amount to sum too large to remain locked u entirety use Jess. What then, is to be done We surely are not at
 liberty to devise soasiel and isehievous project merely 10 use tte money.
 It came into the Treasury by mistake. Mistakes which, in the nature of things, could not be avoided. Have we no power to correct them when discovered Is not the power to refund the money necessary fesuH from the power to assess and collect a?
 Is not this power which Congress has always ex- ercsed, and must exercise, to individuals? ]?
 By mistake our officers collect and place in tho Trea sury, money which ought not to have been collected
 The mistake IS discovered, and the individual calls Congress for redress. We pass law to refund the mo- ney. Where do we get power to do this!
 There IS no express grant of any such power but it results from the very of the relation which exists between the payer and The latter must always have power to act Juy to honestly and whenever he hnds he has money through mistake, he would to have power 10 return it. But do not intend to express any opinion on this pont to proiong dscussion by introducing important topcs necessary to our action on ths bll All intended, to state for myself that should 1t become necessary to discuss fhe general sublect o our power to distribute the fotoe sars no matter from achdt derived for one think it well worth careful deliberate eoisie oi, either aBtrmed or denied and most heartily concur in the sound doctrine of the President that we ought not nf ourn
 That question which we must decide is, whether we have power to do that, which all admit perfectly ja we should do, if have the posoe1-dstrbute the proceeds of the sales of the public lands The following considerations have satisfied my own mind and they respectfully submitted for the reec
 ton o others. Our public lands acquired by tine United States by deeds of sessions from several ndiu da states, and by the purchase of Louisiana and Fo- rda, which were paid for by moneys derived from the laads eohich had been eeded Jy iadivtditat Staes.
 The most important cession made by the State of Vglna the year l7S4, and that part of tine eesson material to our present purpose, is in the following words
 Ihat all the lands within the territory so ceded to the United States and reserved for or to any of the before mentioned purposes or disposed of Tn beunties to the officers and soldiers for the American army shall be considered q common fund of the use and benefit of such of the United States have become, or shall become members of the confederation or Fede- raj alliance of the said States, Virginia inclusive aeeo ding to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona de disposed of for that pnrpose and for no other use or purpose whatsoever."-I vol. Laws U. St. D. 474
 This language creates express trust between the United States and each individual State.
 But the United States stand pledged to hold these lands in trust that they shall be faithfully managed and their avails applied for the joint benefit of all
 So far as 1t has been applied to the payment of debts due by all, the trust has been complied with but now the debts are paid, and there is surpus have we the power give this surplus those for w5se use the trust was created
 Knight ask who can doubt it
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