Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1840-03-30
XVIII CONC RESS.
FIRST SESSION.
THE PUBLIC LANDS.
REMARKS OF MIR. PRENTIss OF VT.
U. S. SENATE, FNrDAv, March 6, 1910.

The Senate had under consideration the resolutions pu
porting be against the assumption of the sta by
tn federal government.
The first resolution of the Committee was road
as follows: t.
RESOLVED, 7 hat the assumption, directly or in
directly, by the General Government, Of the debts
which have been, or may he, contracted by the
States for local objects or State purposes, would
be unjust, both to the States and To the People.
Mr.. Prentiss moved to strike out the words I'd.
rectty or indirectly aud insert the words "or guar
antee."
Mr.. Prenliss said that his object in moving the
amendment was 10 enable lIim 10 act understan
dinghy. He wished to reduce the resolution to n
simple, definite proposition, so TINT no mGappre
pension Whatever might exist TO its import and
meaning. He wished 10 know with certainty, the
length and breadth of what he was to affirm or
diasiirm 10y his vote and for that purpose aud
tina: purpose slone, he proposed TO strike out the
words directly indirectly, and insert words of
more special aud definite import.
They all understood, none Of them could mis-
take, said Mr.. r., what was meant by assumption
OF the debts ofhe States In legitimate sense,
it comprehended the various forms of taking the
debts upon the General Government, Ivy paying
them presently, Ivy undertaking absolutely to pay
them at n future day, or, ms he thought, by guar
antying their payment ultimately and this he
learnt from the chairman, WINS all that was inen-
ded by the committee. 1.-THE words directly or in.
construed to mean, something beyond TINT, TO he
sure they were lcly harmless If they did
mean, or might be construed 10 mean, something
different FROM more than that, they created the
very ambiguity which it was important to avoid
and for that reason, and very sufficient reason it
was they ought to he stricken out, aud less equiv
ocal words substituted.
In laying down abstract doctrines, il they must
do so, in matter of so much importance, it be-
came them Mr.. P. said, to be more than ordinarily
circuinspect in the language they employed. They
had on record an instance, ana memorable in
stance too, OF the effects OF want of sufficient
carefuness in this respect. The meaning of the
famous Virginia resolutions OF '98, though drawn
up by very mature scholar as well eminent
statesman, had, they all knew, been subject of
controversy for years. Different constructions
had been put upon them. Learned essays had
been written, elaborate speeches had been deliv-
cred, TO demonstrate their true meaning; and YET
the question remained undecided and unsettled to
this day. One set of commentators insisted that
the meaning of the resolutions was as obvious as
ligh. itself that they meant notification, and moth
ing short of qualification. Another class of com
mentators, eqnay enlightened, maintained with
equal te nacity, aud equal pernacity too that The
idea OF nullhcatlon was no where 10 be found in
them. This was signal instance of difference
of CONSTRUCTION of abstract resolutions; and it
ought to serve as an admoutinn to the Senate of
the United States, when dealing in like abstrac-
in the phraseology they used.
Mr. p. said, if The object of the words proposed
to he stricken out was simply, us the chairman of
the committee had stated to embrace the case of
guaranty OF the debts of the States, why was he
not willing to Substitute in their place express
words to that effect He had told them Yesterday
IN his speech, that he did not profess to CO. or
wish TO adopt any language that might seem to 90
at all beyond what mig fairly aud properly be
called assumption or guaranty.
ID
self to 90 thus far. But he wished to guard against
saying, or appearing to say, that n loan depos.
tie OF surplus revenue distribution of the pro-
ceeds of the public lands among all the States,
though part ofihem might happen TO be in debt,
and might apply the money, when received, 10 the
payment OF their debts, was an assumption, md
lcctty, of STATE debts He was unwilling TO 20. or
to appear 70 20, to such extent: auG he wished 10
avoid the use of any terms which might admit OF
such an Interpretation. lie wished To be definite
precise, exact. He wished TO put the resolution
NOT only ina form explicit rs would enable them
clearly to see and understand its meaning, aud lis
whole meaning, then, but in form so guarded us
would secure 1t against all miscOnstruclion in all
time TO come. They should recolect that they
were laying down fundamental principles, that they
were making declaration of constitutional law
and when engaged in such employment, every
expression, every word, ought to he matureIy
ought to be cautiously weighed aud considered.
Mr. p. said lie would repeat, that he wished tC
dives the resolution Of every thing vague equiv
ocal, in order that he might vote upon it wiihou
embarrassment and he did not well see how the
chairman of the committee could refuse to nccep
an amendment, which carried ont his declared
meaning precisely and fully, and nj the same tim,
removed all ambiguity. ii, however, the amend
ment should he rejected Mr.. p would not fee
himself at liberty, especially under the explanation
| which had been given by the chairman, TO vot
| against the resolution
Mr.. p. said he had nothing further TO say upoi
the proposed amendment He would, however
add II word or Two upon another lopic-a lop
! winch was dwelt upon at much length in the re
port ol the committee, and had been much dis
ctssed in The debate he meant the power of Con
gress 10 distribute among the States the proceed
of the public lands. He did not intend to enlc
INTO any lahored argument uEon the subject Thu
view he had laken of il short one, and We
he hoped it was comprehensive enough TO EN-
brace all that was material TO the question. A
that late hour, he should content himself with do
ing little more Than to state il.
The question depended Mr. p. said) upon tn
terms OF The deeds OF cesSion, connected with wv
provisions Of the Constitution to which he shout,
have occasion 10 advert Tie would ask attention
to the terms Of only one of the deeds the eadin
and most Important one. The deed from Virgin
ia declared that the lands coded shall be consider
ed as common fund, for the use and benefit o
such Of the United States as have become, or sLul
become, members of the confederation or fedora
alliance of said States, Virginia ineluspe accor
ding to the usual respecice PROPORTIONS in The gen
eral charge aud expenditure; and shall be faith
fully and bona fde disposed OF iol that purpose
and for no other use or purpose whatsoever
Now, MIR. j.. asked, was not this clause TN
clause he had just read, plain, unequivocal de
claraton ola trust in behalf OF the several State
composing he Confederation? Was il not declar
ed, in SO many words, that the cession vas gran
! to the use of the several States9 What othe
meaning, he would ask, could be given 10 the word
for the use and benefit ofsuch Of the United states
&c. Virginia inclusive I?
But this was not all. The use was not only de
clnred To the SInie as SnLes but the nronorIlon il