Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1841-01-16

particular leSISldllOil, DuL upon lne SupDOSiUOn
that contingency may arise when it may be-
come the duty Of the Legislature to express, in
the usual way, the opinions of the State upon
it, in reference TO some modi fcalion of the Exec
utive power, as defined in the Constitution Of the
United States
Under our complex system Of government, no
subject has given rise to greater difficulty. or va
rety Of opinion, than that of the true division Of
legislative power. under the Constitution, be.
tween the General Government and the States.
On all subjects Of this character, prudence
and patriotism alike demtnd, that both parties
should Iorbcar, if possible, to enter the field Of
coniIic: in pursuit Of Questionable claim Of
iisdiction.-Ihat spirit Of concession, 60 pow.
erflv operative in the formation of the Federal
Constitution, should always be invoked by those
whose duty it may be, either es officers Of the
General or State authorities, to fix its true inter
probation. When we regard, however, the inva-
riable tendency Of power to reach after still fur.
Their and more extended dominion: and when we
consider the obvious advantage, which the Ma,
tional Government enjoys in conflict with a
single State Of the Union, arising from it's greater
wealth and patronage, and by consequence its
superior influence over public opinion it be
comes the obvious duty Of the State Legislatures
to watch with vigilance. and on all questions not
within the province Of the judiciary to assert,
in peaceful yet resoluto tone, the claims and
powers Of the weaker party.
The present financial condition Of our State,
as well as the intrinsic importance OF the sub
iect, will | am sure Justify me in bestowing at
this time, a passing notice, on a claim often
preferred by Ohio, with many other States in the
Union, the adjustment Of which, though at one
time on the point Of completion, still remains
a. c -
action Of Congress.
! Several years ago, Congress, by very full ma
iorities in both branches, passed an act providing
for distributing the moneys arising from the sale
Of the public lands among the states. This act
was predicted upon the proposition that the pub
lie lands were held by Congress in trust; that
the obecta Of the trust were specified in the deeds
Of cession compromising these lands; that these
deeds Of cesslon were contracts that the parties
to these compacts had agreed that the lands So
coded should be sold by the General Government
and the moneys arising from the lands should be
appropriated to the payment Of the then national
debt and then the remainder should be distributed
amongst the several States OF the Union in
specified proportion At the time Of the passag e
OF this bill the national debt was entirely c1!in
guishtd, and it was believed by Congress tina
= the contingency had accrued, upon which the dis
trbuton among the States should commence
This argument derived from the notion Of
, compact embracing the subject matter Of the bill
t did not comprehend chat portion Of the public
S domain embraced within the purchase Of Louioi
ana and Florida, coded directly to the General
Government, by France and Spain respectively
f The proprety Of subecting this last class to
the principle Of distribution, was founded on
D variety OF considerations. 1t is believed by
c many, whose opinions are entitled to great con
d sideration. that the public domain WAS not prop
= egly, nor ever should be, considered source 0
: revenue to the national treasury. a belief thel
h prevailed, to such an extent as to amount to al
d most universal admission, that under any proper
l. adjusted system Of impost duties on foreign goods
IS the moneys arising from that source would b
: always equal to the wants Of the General GOV
:, eminent in tinle Of peace, whilst those want
: should be limited to that strict economy and re
: publican simplicity which should always char
II acterize the institutions Of free people. Tn
l. principles of administration, then and sine
: avowed by the General Government, also Civ
5, to this claim Of the State an equity, which, undc
e other circumstances might not so clearly appear
:. With very few exceptions, the General Govern
y ment will expend no money Out Of the nationa
q treasury for the internal improvement Of tn
}, country. This necessarily left the whole ey
If pense Of prosecuting system Of internal in
lie provemeut to be borne by the States, and f
< which the States have contracted debts that bea
II heavily upon their citizens, in the shape Of
l. rect taxes. Many Of the works thus undertaken
l. were Of character truly national, and demande
t. alike by the enerprising spirit Of the age, an
IS the true interests Of the whole country In tn
same spirit Of enlightened patriotism, and belle,
q ing that our institutions are based upon equalit
ID and that every such system implies equality
in knowledge, and the means of attaining to it
he nearly as possible; systems Of common scho
}, education, carrying its benefits alike to the hi
at and the lowIy, the rich and the poor have be-
of adopted by many Of the States These impo
a additional taxes upon the people Of the Stat
ra which, though as yet cheerIully paid, am pro
an to declare, in QUE State do nevertheless 90
nm promote objects Of vital import, as well to t
~ nation collectively, as to the States, consider
81 in their separate and sovereign charact
70 Against any appropriation for this great and
s;r seutialy no,ional object, the doors Of the F,
,rs eral treasury have been, and probably to
rb time to come, will remain forever closed. The
.co and other kindred considerations brouCh. CO
!, gress, the legitimate trustees of the fund, to
- conclusion that it should be distributed amon
Of the States. The Federal representation OF ea
,er was assumed as the most equitable rule Of
IN. tribu,Jon, and adopted accordingly,
rel It would seem that. the Justice and propri,
SON Of conceding This claim to the States, should n
liG be question. By the passage of the act
IN, which REFER Congress, the proper trustees
zen the fund, and the only legitimate guardians Of