Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-01-16

and the contamination of policy big with the fate Of
this federative Union. then said the nominal trans
action of deposite would DE rescndcd, the month of
September, 1887, saw it rcsciudcd The dePostc has
become in form what il from the beginning III sub
stance-a gift of the money; and this co,c!0si"n IS,
what call in my speech against IT. the end oil the hrs
chapter Assumption is the beginning OF the second
one; and here am, standing my old ground, to
make head against the offspring of the measure which
opposed in its seminal principle. fourteen years ago.
and have continued opposing II ever SINCE IN all s sue
cessirc stages, and in all rs notifications Of form
ct TO the point, and say that disguised
assumption, in the shape of land distribu.
ton, is the form in which shall have to meet the
Danger and meet it at once in that disguise. say
there is authority in the Constitution to RAISE mo-
ney from any branch of the for distribution
among the States or to distribute that which had been
raised for other purposes The power OF Congress 70
raise money is unlimited and arbitrary but restrict
ed and directed TO the national objects named IN the
Constitution. The means, the amount, ana the appli-
c,,;o, ire all limited The means direct taxes
duties on mporls-and the public iands the objects
are the support of the Governmcnt-tne common ae-
fence-and the payment 0! the debts OF the non inc
amount 10 be raised of course limited to the amount
roonraa c,r Tho accomplishment Of these objects
Consonant to the words and the spirit OF the Constu
ton is the title the preamble and the tenor OF all the
early statutes for raising money; they all declare the
object for which the money wantc they declare the
obect at the head of the ac: Whether j, be loan.
direct tax duty imports, the object OF the loan
the tax the duty is stated IN the preamble 10 The act
Congress thus excusing and ustfylng themselves LOT
The dea nd in the act of making IT. and telling the
p.ope plainly what they wanted with the money
This was the way all the early statutes the books are
full Of examples and was only after money began 70
be levied for objects not known to the Constitution mat
this laudable and ancient practice was dropped Among
the enumerated objects for which money can be raSeo
by Congress- that of paying the debts OF the mon
md is i M, manifest asurdty 10 suppose that while
it requires express grant Of power TO enable US to
pay the debts OF the Union, can pay those OF inc
States by i'm
Sir, our Constitution grew out of want of money:
il grew out Of the want of money Tor genera! and na
tional purposes; and it contains grant Of power IN
relation to receipts and expenditures except 10 raise
and expend it for such purposes.
I meet the danger in its disguise OF distribution and
repeat there is authority in the Constitution TO raise
money for distribution, to distribute that which had
been raised for other purposes This results not only
from the plain words Of the Constitution, and the known
purposes of forming the Federal Union, but also from
the total silence OF the Constitution upon rule OF dis
trbuton There rule IN the Constitution Tor rais-
ing money-aone for diridingit. The Constitution has
provided for the equality and uniformity OF the lew;
there is no provision fer the equality and uniformity o;
distributions "W duties, inpoStS and crosses, sa DC
uniform throuehoufihe United States No ca2:tattoa or
ether direct Se be hid uncSS az proportion 10 tae
census or enumeration herein borc ordered TO be taken
No preference shall be Scen, By any regulation Of com
,aerce or rereRue the ports Of State oeer another
Such are the nianctons OF the Constitution IN relation
10 the lew Of money; such its TO provide for the
foe for distribution: And what becomes Of the equality
Of the lew if that which equally levied 10 unequaly
partitionec out, There rule given for the PARTITION
20 by; and that is proof among the many Others
shat no partitions OF revenue-no partitions Of any
kind MONEY land other property, eve. intended
70 b. made The trainers oil Constitution were not
bunglers but skful workmen-they were not aPFren-
tees, but master worSmen lhey dia not Close up
their work upon SIDE and leave i open upon the
other They did not commit the absurd and gorgeous
81, In trslan t,a1 ItIn
had bee equally collected. il they had contemplated
divisions Of money or property they would have gwen
the rule to regulate them having done 80, IS c!c2.
proof they never contemplated such a thing: and we
all know that any Constitution providing Tor snch an
event would have been secuted and scofRed by every
State in the Union
No Sir there is no rule in the Constitution for the
distribution of any thing-nloney, lands. or goods
The trainers OF that instrument doubtless looked Tor no
division of its effects in the lifetime oil lie Inioi'-
They doubtless expected the Union To die first; and, as
hat was an which they Intended 10 be remote
tier :,.1de provision for the contingency even teen
They did not provide for the descent OF the e$,ae much
less r It's par,tion in the lifetime OF the owner tHcrc
is no rule to dydt br: rid consequently ever Foves
OF distribution Ia. had % provide rne OF his nwn u"
Senator from " "rsrr. io brought III TIE hsSi aiii ,o
this purpose sock the rule 81 The Constitution IN The case
of direct taxes he would divide II tat r%ti" ot dect
tsYa,on The land bills which followed took Federal
numbers hut qualified with preliminary dssrinuon'
Of sometimes ten, and sometimes twelve per cent 70
the new States. The deposite BILL differing IRON az
these took the vote Of the States for President and
gave them shares Of the money IL proportion TO the
number of their Presidential votes. Such was the d..
versity among the bills! Finally the rule agreed upon
was such found its sanction IN the viii OF inc ma
iority for the time being The will of the aetua ma
loritv fixed it.: and the principle which regulated that
will was The acquisition Of the precise number OF votes
which was necessary 20 carry the bill That was inc
rule ,hcy wen, by-acquston Of votes enough 10 pass
The bill This acquisition esther seductive or cocr
Give. An increase OF the dstri5uve share was al
lowed to some and their support was thus eoncalea
the favorte bills Of Others such the graduation ana
pre.emp:ion bills and others for the benefit Of particular
States seized upon and crammed INTO The dstri-
button bills and their authors thus compelled TO support
them in these bills or to vote against their own inca
sures This we have seen; this Senate has seen It;
and we have seen the ratio Tor dividing the spot ne
come the subject Of huckserng arrangements on this
floor and altered and changed in the face OF the Sc
nate until the requisite nunocT OF votes could DC con-
ciliated, or coe.ced, 10 pass lii" bin through
But contcndcd that the land revenue stands upon
different footing from the casonhouse, direct tax
revenue and that Congress may do with one what u
cannot do with the other. This is tallacy and a5sur-
Sitv which will not bear the touch OF inquiry Iherc
s no more rnie for dividing land revenue than any other
revenue; and there difference IN law, or IN iac',
between the different branches Of the pubic income
When the land is sold, the money received IS revenue,
and is Federal revenue and in the FEDERAL treasury,
and be taken from that Treasury except by an
appropriation law and that appropriation law nothing
more less than the application of much money
TO constitutional object The appropriation law
takes what it finds in the Treasury. 10 law OF Con-
Cress can discriminate between the different receipts;
no human touch can tell what dollars received
for lands and what for customs and direct taxes The
discrimination is impossible matter of fact II
is unconstitutional as matter Of law il would be a
n,ockcry if inserted in the law. Distributions are not
expenditures, neither in common parlance, nor IN the
meaning of our Constitutions: and 10 money can be
drawn from our Treasury except for an erpeaditars
The clause on which the dstriauonists relied, and
IN which The assumptioniss must follow them, is that
in which Congress is authorized "to dispose cht ter
yaory and other property of the United States Tic
power disp granted but it is only for ma,
that Congress can dispose of this territory and Of
this property Congress received il for national Par-
poses of which the first to pay the debts OF the
Union The early legislation Of Congress declared
this intent BY pledgrg the lands to the redemption OF
the debt and constituting the whole OF the revenue