Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-02-07
YEaURSD.S i, FEENU.sS 1853.

inner ms COngrrsS sell OF
lie lands and convert them into money-but what are ls
powers over that money? Can exercise unlimited pow
ers IN 's appropriation, lis powers the same as
over money arising irom taxes, dutes inpns's and eA
cIses: He believed the money arising from sales oil
lands were placed by the Constitution under the same
limitations the money arising from "taxes duties
IL was 10 into treasury; II could not be
drawn from that treasury excepln consequence OF ap
preparations made by law and regular statement and
account at the receipts and expenditures OF all public
money re9uerd ito be published from time to
time n" discrimination made in the Constitution
between the moneys arising from different sources OF re
venue. They ARE all TO 90 INTO cnmninn treasury
and be there subject 10 the conditions and resrc
tons. If greater power is given to Congress mo.
nsy arising from saes Of lands Than money arising from
'toxss and dulles. re- wou!d be pieasri LA that
clause of the Constitution reced which conferred The
power and liz called upon The very intelligent Chairman
OF The Committee Or Tylrr) TO point Uul the clause
that makes the discrimination.
Mr. Edmunds said. there no such clause-there
authority conferred Congress 10 appropriate
the money arising from sales of land different
nrr from other money ~ the Treasury. He should pro-
coed To show that, If Congress had the power
money from the sars Ut public lunhs 10 divide among
the States had ihr iigh LAY and collect xes,
duties lmp"sls and rIcsrs Tor he purpose ct dis'rbu
ton IN other words, Congress could a
from the Tariff Tor no other purpose than 10 distribute
THIS was The inevitable result from cOncrding the
sriiutiona question, regard distribution of The
pocrrds of The pu'!ic lands Ii had been already shown
that the public lands lying of the Mississippi and
south OF the Original limits Of the Omitted States,
purchasrd-hai twenty millions Of dollars paid by
the United States OF The treasury for those
nnds-ihti ht 81 twenty millions Of dollars raised
Unfortunately, from taxes. dn.irs, and other
Of rrvrnme But previous to lcU3 the date Of the pur
chase al Louisiana. hail million Of dollars had
been received into the Treasury from the sales of lands
From these facts II CLEAR that the purchased lands
obtained ny converting the money the Treasury
into thrsc land; and when these lands shall be again
sold, the money arising from such sales will return 10
the Treasury, sal subject tn the limitations money
arising romraxrs and duties BY converting the
OF the Government INTO lands, aud those lands again INTO
money the powers oi Congress cannot lherrby be
largpd Fr they could. their powers the
would be acknowledgements would have only TO
raise revenue by ax~s and dutrss anday II out IN the
purchase al territory then sell that territory acquire
unlimited power over the pr"ceeds Whatever the va
r"ns "'s aud snps, that thu money arising from taxes
aud dnrs may b. made asslne -whe;lrr 1t shall b+
laid out III tn" purchase Of lands, bank stock, ships,
arms-wheu those lands, other property. shall be
again sold and converted into money, the powers Of
C"ngess over that money remain The same, neither
enlarged nor more restricted different construction
of The Constitution from tins would enable Congress 10
Unlimited powers IN The :asIng and expanding
mnney-and by The mere purchase Ut lands and The
sales thereof immediately TO acquire powers over The
pIuc-eds at such sales which did not have the
mrnry paid for the purchase oi the lands Such
slruc,Inn is warranted By the letter plain intent
of the CONSTITUTIONS and would lead 10 Consequences
the absurd, nnd at Inc time The oil rcon
from taxes duII"s, mposs. ard excuses; Or from lis
public lands acquired by purchase since they placed
in The situation: The clause OF The Constitution
is explicit, and construction has been loug settled
"Cnngsss shall have power to lay and rorc taxes Gu
ties imposrs and -Xcses pay the Orbits of the United
StaSS, snd p.4yd tor he eomncn eemce and general
right 10 lag and collect taxes and duties 10 distribute
ui"ng tn. several States of lIe Union Does IT gave
10 Congress The right to money for Distribution
II has always been the construction uf the State Rights
VIRGINIA and thruurhDut The South, and rsp
caliy has been the construction OF the Chairman OF
the Committee that tins clause conveyed such power
That The grant confined to the specific oh ects
rated, and for other purposes; and there did n"
exist in The Constitution grant o Tree and dscretiona
~ right lay and collect taxes and duties for general
purposes. but solely for the enumerated objects Among
these enumerated purposes there Is none found which
can he tortured any forced construction into grant 0
power In collect for distribution; nor, could
be cunc-yrd for instant. that The wise trainers OF
the Constitution ever designed TO grant power so
mnnsrrous. The CUnstItulrn not containing lhnt pow
err Congress cannot by any legislation confer upon II
self such enlargement OF It's powers can il oh
tain the right do indirectly that which cannot be DONE
directly The Constitution not having granted the right
To- Law and collect and duties tor distribution; mel
thpr hos granted The means TO Obtain tbs right lndi
reciiv BY the change OF money into land and land
apan into money The money arising from the sales OF
land rpvpnueii has always been treated as revenue
and in the manner as the revenue arising ro;i
other Sources No clause in the Constitution av"rs The
jec,ed other purposes than oil The other revenue "f
The Government Under these circumstances, he RI
clriei the fourth resolution as an urgent recnmmenda
ton upon Congress Ia commit violation OF the C"ns'i-
tuition assuming pnwers not delegated over the revc-
MT. arising from the public lands: and il violation
the mare HI appreciated brcause attempts TO assume
bindrcciOn and evasion, power which all will admit.
is not directly Un'srrrd-nW was tever designed 10 be
prnnrrd u regard To- mach Of the resolution as APP
Died t., distribution Of the proceeds Of the sales Of The
released lands was, in his opinion palpabP viola
lion o! the Constitution. Sworn 10 supp It the Consul.
lu,inn aud chilled upon now 10 consirue according to
his own iudrmPnl he compelled To vote against that
resolution Up0n mere qnri"ns OF policy and expedI.
ency he was always dispnsd 10 yield due Difference TO
,hr opinions Of enlightened Judgments; but where
the Constitution involved, 1t was like ms Bibe-Hs
uwn construction. adopted IN mature reH'cn was the
ruiz. Of his conduct and the guide of his conscience.
MIR Edmunds said, thu directions TO a distribution al
the prncrrds Of the The purchaSed lands applied with
souai urcp Ia he distribution vi the prpcerds oil the
public lands csded by The old States The deeds 4" ces
sou wtre not intended u enlarge, but 10 restrict lie
puwprs uf COngrtss-aud while Congress ~ restricted
IN tie exercise o power over the proceeds
of the crdrd lands, by The Constitution. II Is also re
s,rio.d odd,..n by the oompacs with the Slaies
The Stairs which crdrd those lands did not intend TO
or,n, Ia Congress further authority than conaIn'd
IN the Cnns,Iru"n them, but In place an addI'
,ona safeguard and further obligation upon Congress
IN confirm lis legislation over The lands both ~ Inc
provisions # the Constitution and The deeds oi cessoh
Of lirst con- prior and others dated Sub
s.om.n, TO the adoption of the Frdsral Consution ",
all of them contain substance the same Pf"Vs", That
they shall be held as fund or the common use and
benefit of the United States in proportion to The usual
chaups and mixtures These public lands then are
held hy r Uuiird States lis other property subject,
however to the limitations imposed the powers Of Con-
orcss by The Constitution. and TO the further limitation
contained the deeds Of crsslon; and while the deeds
If c,ssinn prohibit Congress frun making any other dis
pnsi,iun than .'lr the common and benefit OF the
United States proportion TO the usual charges ana e1-
ppndures the Constitution also prohibits The raising
of revenue from them for The purpose OF DISTRIBUTE"
among rhe States II is true, that Congress holds ne
ed lands as trustee in trust for the common use anu
beuef, of The United States which trust ana po"e' 00e
them is derircd from The dssds IF esssi"n but ne
OF Congress being limited 10 ceru'H ta"me'"u t'
tn, t0nsuti0n !; mise ev' nue 'f" '""e ia"os
for any or to advance any other ohscs IMAM the
sd nh;s.,s for ub;ch The Federal Government was