Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-11-05


my oPu o., cf.n-t De answered. What hnguag
can be BROADER 'hen that 10y which the Constitute
conveys 20 Congress full power over the dspositio
Of the public lands1
"rhe Congress shall have power to dispose c
and make oil neet!u rules and rcgu atoms respect
ING, the territory other property belonging TO III
United States, and nothing IN this Constitution sha
he 80 construed as to prejudice any claims Of III
U. States, or Of any particular State.'
/ can conceive of no form Of words that coul
vest a more p!enary discretionary authority an,
subject than this clause OF the Constitution Il
Congress over the disposition of the public terrific
~. Wei, therefore, did General Jackson say, II
his annual message OF 1882, that the public land
being then relieved from their pledge to the pay.
ment of the debt CT the II -volution-
cit is in the discretion Of Congress to dispose o
them III such way hes, to eonducc to the quiet
harmonv, and general interests Of the American
people"
And yet we hear gentlemen ofthat political sehoo
now attempting, by inverse species nj latitude
nsrianis'n, To refine away the PLAIN language OF the
Constitution, and contendins that Congress has no
more power or discretion IN the diSposIiOn OF the
public lands, than has in the application OF the or
binary revenue derived from taxation.
The lnvIrldble and unGiSpuici prac:ics of the
Government, rs well as the obvious le;;er of the
Constitution IS in opposition to this theory. Look
into the statute book, and how many Instances do
you not hnd OF general donrtions made by Con-
gress to tho States OF large bodies Of the pOb-
lie lands, from one hundred thousand 10 ha: mil
lion of acres. These grants have been made with
out any question having been suggested, so
lar rs know, of the institutional power of Con
srcss to make Ihem. And yc, who would srnvely
contend that 1t would bo competent for Congress 10
make donations of hundred thousand or hat a
million ot dollars 20 individual States under the
power at Rppronrniing the public revenue, dchn
eli IN the Cons'ltu;ion7 Again: specific grants OF
large quantities OF the pubic lands have been from
time iIme made for the establishment; OF colleges
aud semlnarics of learning IN the rev States; and
IN virtue Of standing provision IN the general land
system Of the United States, the 10Th section in
every township Of land IS apart tor the support
OF primary schools. And yet the Nildet attucina.
Ran would hardly contend that Congo could
constuuon1iiy, 10y similar applications Of the oriI
nary revenue, assume a Patronage over the syS-
tenn, of pubic Cducl'lon IN tie several States.
might mention the various instances ~rlch have &C.
CURED Of donations made by Congress Of entire
tow nships of the public lands parties of foreign
emlgrants, with a view 10 encourage the introduce
ton OF ne branches Of agriculture or rural econo
my, and numerous similar examples IN the legisla
ton of Congress, AL proceeding on the recognized
distinction between the limited power of Congress IN
the application OF the general funds q the Govern
msnt, and The screlO1a;y authority, expressly de-
lcsI;ca, over the disposition OF the public domain.
But iOtbsar, and leave this part OF the subject
where 1t may sde'y s;and-on the pain language
ot The Constitution, and the conclusive and unan.
swerct argument Of my colleague.
The real .thcuity attend ~ tine question Is one OF
time, and lies IN considerations connected with the
sctull ConcIuOn at he public Treasury In the le-
marks had the honor TO submit to the Senate on
tins subject, during the asl sess on Ut Congress,
stated the danger there might be, that II the and
fund were withdrawn from tpc National Treasury
in It's present embarrassed condition, such an IN
crease Of the reycnue from customs would he cali
eG for involve the risk OF DISTURBING the tariff
compromise OF 1885. Regarding the maintenance
of that compromise IN fact an essential bond of
peace and harmony in the Union. It seemed to ne
lat justice and policy demanded that the dIstrbu-
ton OF the proceeds Of lie public lands among the
States should not take place until satisfactory
guarantee vas gwen tia; the adoption OF tie
measure should not b, permitted - lead TO Tie
imposition of new duTCs IN any Mariner con.
Il cuns with the principles and provisions OF the
c 1mpTom Sc net OF 1888. That guarantee has at
ensth been given by the Incorporation OF an amend
ment in the OlI! before Us, decIsr NJ m the most
.emn and uneqIvocal form, that iaI ahy sine ere
after Congress shall PISS a law imposing any duly
exceeding the rate OF 20 per cent. IS stpu aied by
ton Of The and fund among the States shall be
pended Tins amendment furnishing every pr1c-
uchbe security against an increase OF the taTIti, IN
violation Of the compromise act and conforming 20
the fullest extent 10 ,He views declared by the popI.
lar branch of The Legislature OF my State IN the
proceedings 10 wAc!l awe already referred, shI
without hesitation, record my vote 900 favor Of tie
pa>Saz. Of tue bile DO So from the desire fee. a;
a. times 10 c--i1In la representative action Lese
to the sentiments and opinions " my State, as de-
carei 1y Ia. more Immediate organs OF her Will,
and % the thorough conviction that ustwsan viz
iuaI surrender %. TIE Inheritance Of the pub.
he domain i0 'aw favored States, under the name
OF grldua-.I cd. CessIou On tie one hand, and an
cguI dist. ..Iou OF the common iu"- among all the
Sales on the O.her, (Which n can Je no tJr ger
doubtful Is the sole Practical alternative now pre-
senteG 10 Us,) there would be Inc same unan'mry
OF decision nmorg her people as has characterized
the proceedings o. their immediate representatives
IN the popular branch Ut Ter Legislature. 1.-THE oil
sha,. pass II wall finally settle question which,
from lhe origin Of our existence As nation, has
been iruiu! source Of heart hdrnngs, Jea ousIes,
and dIssens!ons among the States and by placing
at the disposal OF each, for The improvement, phys
cal and moral OF her internal condition. IA Ell; Of
Ines'inaUe value, IT wisely employed, will, hum
bly, trust, prove the ef=cuai means OF promJI-
ing "Iho quiet, harmony, and general interest," Of
all