Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-08-24
IN SENATE.

The bill FOR the distribution oil the proceeds oi ie
sales of the public lands being under considerations ana
an amendment by way Of substitute for the BILL propos
ing pledge the proceeds of those sales TO the general
,eences of the country embracing oil descriptions Of
deences naval we'll military, and floating as well
permanent dciences, being the question before tue
Senate,
MIR. WRIGHT said MIR President have, upon a
former OCCASION discussed large the proposition ior
the distribution of the proceeds OF the sales OF Tue
public lands the States do not propose now 10 re-
peat the arguments then used, or 10 present again inc
facts then presented 1t is enough that they remain
undsturbed, with single exception, and that Will
now notice. The honorable Chairman OF the Commit
tee no presented this bill TO the Senate, Mt sm
of Indiana,l in his opening argument IN lis avof' ao
me the honor 10 review one OF my constitutional PuS'
tons and he did with a fairness and candnF cha.ac'
erstic Of the honorable Senator, and which calls Tor
reply from me. To make that reply the same spfii
mus, first state the honorable gentleman argument
as understood il, and invite him TO do, what anl
sure he will do-correct me II state u erroneousy
He said Congress had the power ITO lay ana co'rc'
taxes duties imposts, and cxcsrs, TO pay The denis
and provide for the common defence and general wei
fare of the United States and far no other PnfP"Se
That by necessary consequence, The powerl" LAY anu
collect taxes, duties lmposs, and excises, a'd hoi
extend the purpose of distribution. That The money
so brought into the public Treasury must, by the I'M
pcra,ivc mandate of the Constitution b. appropriated
"o pay The debts and provide for The common ceiehce
and general welfare Of the United States; and that
the power distribute the land revenue, or any oher
portion of the public property, or revenue, must u
found in different constitutional grant.
must here leave the argument OF The honorable Sc
nator for a moment, To recall to the remembrance Of
the Senate, and the country, an important admission
made, and position assumed the course oil the extra
ordinary proceedings OF this extraordinary session ~
Congress, from another and most significant quarter
The honorable Senator from Kentucky, Mr.. Ci'y,I
when the loan bill before tins body aud "aS re-
sisted upon the ground that 1t would be- IN erc, u u
not designed to be in fact law to authorize loan
for the purpose Of Distribution stated distinctly ta' y
not intended 10 borrow money under that law, 10
enable the Treasury TO spare the land revenue for DIS
trbution TO he States but that intended, when
the tariff bill should come up 10 regulate the
and ontes 10 be levied and collected under II, as
10 accomplish this object. He, therefore, aro"ed The
policy be exert the power lay and collect taxes,
duties, mposts and excuses, for the express purpose
of placing in the Treasury the means 10 make ihs DIS
trbution. This aware, does not necessarily Affect
the argument Of tie honorable chairman Of the com.
mi,tee. The honorable Senators may differ in their
views upon this point and, while their policy : the
same, and their object the same, they may entertain
different opinions 10 The principles cpon which that
policy is TO be sustained.
will return IN the argument o the honorable char-
man. and If there be- effect, III principle, any
essential difference between the distinguished gentle
men. The honorable chairman, We have seem says
Congress lay and collect taxes, duties, - ioFIh,
ssto pay the debts and provide for the defence
and general welfare oi the T. :. and for n n,nrr
purpose; but that, under another clause Of the Cons
tu,ion all the money and property Of tie country, not
directly derived through the of this power 10
Law and collect taxes is within the broad and unlim
ed discretion Of Congress, and may be disposed IN
any manner, and for any purpose whc! shall be sane
toned by that discretion THIS understood 10 b. the
position assumed
The provision of the Constitution referred to and
read was the second clause of the third section o the
NTH article of that instrument. and THESE
s.he Congress shall have IL dispose o. and maxi al
needfn rules and regulations Trspcns We acI,"y T @ @
shall be construed as TO prejudice any claims u u" = ' o.
any particular state"
The power here conferred, it will he seen, broad
us the terms "terri;ory" and "poperty. III power
"lhe territory other property belonging 10 the
U. S. and whatever may be liz extent IL - precisely
The lhe territory and over "ihe other pro
periy. 1t would seem, therefore, not merely The ma
tura but the necessary construction Of the clause that
the power conferred upon Congress under il, extends
equally TO every thing which is property and belongs 10
the IT, S. and consequently, TO money belonging 10 The
L. s. well any other descr ton OF property and
as well 10 money derived from taxes duties, Imposts
and excuses, 10 money derived from The public lands
or from my other source.
Yet the honorable Chairman seems to suppose that
the disposition Of the money derived from takes,
&C. is limited to the objects ofexpend,nTe enumerated
in the clause of the Constitution granting the power
uto Law and collect taxes, &c, and that that llniia
10 the U S, and not being the direct proceeds 81
tax or duty. That the limitation is applicable 10 the
appropriation and expenditure of money collected from
taxes, duties, mPosis and excuses, fully agree with
the honorable chairman; and the only difference be-
tween us is, that consider The limitation equally ap.
pcable to the appropriation aud expenditure Of all
other moneys belonging Ia the u. >, from whatever
source derived My construction Of the Constitution
s that the power Congress 10 raise money, and lis
power TO cxpend money, are precisely equal! IL can
common defence and general welfare Of the u. S.
and for other objects; and it can consltuonay
pend money "to pay the debts and provide for the
mon defence and general welfare Of the u. s, and for
other objects This is my reading of our constitu
iional powers in these particulars.
will put SIM lie TO the honorable chairman to
test the practical operation Of his doctrine. He
Congress cannot s'lay aud collect taxes, duties,
posts, and excisrs, and distribute the money 10 the
States because the Constitution requires that the mo-
ney go ed shall be applied to pay the debts and
provide for the common defence and general welfare
of the United States but if there be money or pro-
perty belonging to The United States not derived d.
reclly under the power lo lay and collect taxes dn
ties nposls and excuses, such money or property
may be- by law Of Congress- distributed to the States,
disposed of in any other manner, for any other
object which the discretion of Congress may select,
because the Constitution has imposed no limitation
upon the appropriation and expenditure of such
money and property, but has expressly granted to
Congress the power " to dispose OF and make all
needlul rules and regulations respecting" it, Congress
has, by the Constitution the express power to borrow
money on the credit of the u s. and that without
any Limitation in the clause comforting the power, 10
the objects for which the money may be borrowed
The grant of the power is clear distinct, and perfect
and according 10 The rule of construction adopted by
the honorable chairman, is without limit, other than
the discretion of Congress. We pass law, then, TO
borrow money, and direct the distribution the States
of the money borrowed. Is there anything uncon.
s,i,u,ional in this, according to the argument of the
honorable chairman? Certainly nothing The money
distributed is not derived under the power ITO lay and
collect taxes but under the power ''to borrow money
1t is Free therefore, from the limitations of expend-
ture imposed upon money derived from taxes, and is
subject to the unlimited disposition of Congress at its
discretion. Still the money borrowed creates debt;
and Congress expressly authorized to lay and col
ect taxes, dn;ies, imposts and excuses, 10 pay the
debts" Of the United States.
now reach the practical argument Of the honorable
chairman and it is this Congress cannot lay and col
ect taxes to obtain money for distribution the States,