Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-03-04
No. 9s.-yOLUME XXXyH.


Treasury Of any airsady IN in order 10 make
The wants of Government require additional duties'
That is the question, and ! answer-.No. Because
when rerenue IS once collected and placed in the Trea
sury matter from what 6csiged, one kind il
stingu,siable from another. aud the purposes
which is 10 be applied specified n tie Cols.itu-
on-''to pay tine debts and provide for The common
defence. il cannot he given away. Ii II may he
gwen away because ii is derived from iand why may il
not be given away too because is derived from customs
Because we told that the from fdnds coli
sccd under the aLsoiuts and unlimited power 10 DIS
pose Of and make all needful rules and regulations
specng the territory other property of the L. ).
But answer this clause gives the power to dispose
Of "tae other properly too ana Is not rerenne from
customs property this clause, hen grants the power
Of giving away distributing eicr kind, 1t grants also
the power OF giving away or distributing dod kinds OF re-
venue. This arguncntum cd absurdum Of the Lo Choo
islands proves muchit is itself reduced ad ab.ur-
dunn 1t IS snphsicai IN this That II makes the words
Sc dispose of TOO omnPo!en. ana absolute, and con-
onnis the power - dispose Of '"nds with tie %
dispose of rercns. Ii IL IS good for any thing the only
Legitimate proposition il contains IS, that Congress
not imperatvcy bound to dispose Of lands 10 raise
venue or that It may raise from customs al
without selling the lands. And il this all gentlemen
mean, grant their position and they may stoPhc safes
If The public tundS IL make necessity for GddOaat dR
ties when they-ddrc,
II they do sell and 'sdispose Of the territory Of the
United STATES for revenge, however, all contend for
is, that they cons,,tutionay empty of the
Treasury again 10 make deficiency tor tariff or DIS
pose for any purpose Whatever except pay the
debts and provide for the deience of the ma
| ton
Indeed, Sir, this new doctrine, tina. tie power 10 eds
pose Of .he territory other property OF the United
States absolute and uniimtd is the most federal and
laudinous that was heard OF, from ,ns g0d
Ike bird Of the Loo Choo islands! There is 10 such
thing absolute and unlimited power III tins Gene-
raj or Federal Government. There IS power without
ITS we.defned limits, aud every power IS Limited b.
liz yery objects and purposes. The grant 10 lay and
collec, Gii.ed by the objects and purposes Of
paving debts aud providing for the common defence
and tile power to 'dispose OF The territory limited
BY the objects Of treating concerning IT, Of surveying IL
OF ssetioning il, Of selling IT, and Of dividing u INTO
political corporations Territories and SateS and such
Ike objects. In It's particular sense 1t II power, es
pecalIy limited to the object of Conveying II away to
patence for a valuabl" CONSIDERATION, in addition 70 the
power OF making neediul rules and regulations respect
ING it Wills, IL remains the property Of the Union.
/ Gentlemen need no; rccur 10 the deeds 81 cess'on
from Virginia and the other STATES to prove at is a'c
,ay aicr all that has BEEN assumed ny the GENERAL
Government over the public lands that they were cedea
10 the Sfdtcs and not 10 the I. States. The truth -
that in the deed OF ccsson from Virginia. various
modes Of expression are used such as, 'i"r the con-
mon benefit, of the Union -"that all the lands within
the territory so ccdcd To tie tRitd States, &c &C,
on the one hand, and sshal be considered common
fund for the use and henc, Of suca OF the United
States &c. according to their usual rcspectrc proper
TORS in the general charge and expenditure, "c' Nc
on the other hand-the class OF expressions ratheG
sianynr Federal gf and the other class sIgniiying
S,fr r1Lts rift If may SO 1t; the git, or
cesson 10 the Union for the common benefit 81 al Inc
States the other gilt cession TO e"ch STATE separate
w. 10 take its respective proportion through Tue Ced
States as an agent. Contemporaries exposition has
long ago settled this point BY The nvarabc admnsEa
ton of the public domain as The property OF Inc taa
Stcs from the dates Of these deeds down TO the day u
this modern refinement upon them.
| The public lands became, by these cessons, thc
common propcrtycf the Us, 10 be governed IKE 'he
"terri,ory and other property fthe u 5 governed,
bv the Constitution Of the u s. And Sir, II no little
amusing 10 hear gentlemen who are constantly IN Inc
habit of reasoning from such phrases us vi INC pe"Pe
IF the United States to show that the CONSTITUTION
| i mot n compact between States, but a cpnsoda-
lion Of Stales-to hear these same gentlemen from
Ike phrases IN these old deeds, reasoning 10 prove
that the public lands coded 10 the states, ana
not 10 the Uninn Tor the common bcneht OF the sits
In this instance where dizzy are for State ftsMS,
am c,- EeSeyoi construction. And, Sir the worst 81
1 !. is as will show directly their State htehts con-
struction Of these deeds precisely conforms 70 'hcr
consolidating construction OF the Federal .ohsuu'",'
whist nv Federal construction 81 these deeds cXacly
conforms with my State Rights construction OF the Con-
s,ulon But, before proceed TO show th's' let me
AK gentlemen what they will do with the Spanish ana
French cessons Of Florida and LOUISIANA, embracing
now the States of Arkansas and Missouri ana thc
Territory Of Iowa. There IS no DOUBT b't .iia' ''ss
lands acquired since the Constitution was framed ~
t treatymaking power of the nation, pad tor ol OF
the Federal Treasury, are the property 81 we
VIII gentlemen keep separate bags VI me ifc's.S
ara,e accounts OF expenditure ana OF prc''us
nneb from customs which cannot be dis'fihu'ea--so
I from Snanisi, and French lands, wlic! cannot be
s,rbuted-so much ircu Virginia Lands, 50 nnch rom
Georgia lands, NC, which may be distributed: ~" ar
no. They wlll heed none Of these nice and trounrs"e
distinctions They will distribute The proceeds Of az inc
nnnl,c lands without discriminating between the power
under this deed or that deed and, moi withdrawing
he sales Of the pubic lands up 10 -3o think amount
ed 10 only % millions whilst they had cost ~" oo
vernren in clearing Indian Jules ana III su't't,rS
and selling them upwards o lo2 Millions "'Siurs ~
d,,n wars winch had amounted 10 81 millions more
notwithstanding there were ~ TACT no precrecs o. pun
\ lie lands but dead loss on them Of - HilHS, M1"
,ras mad hy CUSTOMS o! course-'hou.i tais o''ISc
arains: then, may be paid ny the ands, gche
men Will distribute their proceeds Ana though 'n'5c
nrocreds are all in fact due to supply customs "ach
have been taken supply land de'cnc'cs already y
Tins amount of IL miions-genilenen Will, II ihcy
cannot distribute dcPosite customs themselves rs y
did N l.36, They will, as they have, dcPosae-"t 70
ina. bourne whence no traveller retarns Gentlemen
smile al the very thought ofevcr calling Tor The return
Of nny part OF the y millions deposited with the States
| in 1906!
with nv State rights construction of the Constitution,
and that gentlemen perfectly consistent az" WIN
their consolidating construction Let me see '''
whether am not in all this argument conSs'eh. WIN
nv ofirppea,ed Wing professions What % we Wings
nrofess 10 be one Of the main objects, not Inc very
chief object, Of getting into power 10 cuit"ii ana
abrdgr Executive power, and 10 diminish the pa;5o"
are IL the Federal Government. HW iac d'St''O"st"t
~ i re,euue from Tie pubic iands mt ndd 10 nc pa
f3onase If lie E1ecutirc anil Of e Feder"t Gor'r"-
m6np ~ . L,
Sir the patronage of the Federal Government %nd1
over be- wherever be found, the pironase o Inc
Federal Executive. In point OF patronage The Lxecu
tive is ",he Government" General Jackson proved
il to be SO, and therefore called himself tne uo'Ftm IT,"
ment" Congress may nsurp or acquire powers ou'
tho Eyacn,ive absorbs them all In discussing The pa
onage Of the Federal aq .ans pao a
once u'scusss ! =, lin, ever be borne in mind
Have Gentlemen ever surveyed the height and he
,..n t7e length and the breadth Of the power q. the
anbc domain Since The days of l7'7 ard l'gi, when
'n,, we're strong enough !" overthrow tie Elder ADD
ivy =, ,,ac, Jefferson and Madison, and keep them ii
nower through wars foreign and domestic, tie doc
lines Of street construction and Of State rights have
been gradually declining until at this time they have
fallen into word, and become the jest OF the scot
fer Why, what is tins owing TO Every gentleman