, 1841-10-23
BoW%LINGGREEN, MO SATURDAY, OCTOBER %, ls41.

Ss oAhs Nhos y oi
chymy, could the mere passage of the mo-
ney through the lands tree it from the con,
ly subject?
But If this Difficulty also could be surmoun
led there IS another, not less formidable and
more comprehensive, still 10 he overcome. II
the lands belong to the States at all, the
must belong to them in one Of two capacities,
either in their federative character, as
members of a common Union; or in their sep
crate, as distinct and independent communi.
ties. If the former. this Government, which
was created as a common agent TO carry in
to effect the objects for which the Union
was formed. holds the lands, as it does all its
other delegated powers. as a trustee for the
States in their federal character, Cor the exc
cutlon OF those objecics, and no other pur-
pose whatever; and can of course, under
the grant of the constitution "to dispose of
the territories or other property belonging
to the United States" disposed of the lands
only under it trust powers. and in execution
OF the objects for which they were granted
by the constitution. When. then. the lands,
or other property Of the United States. are
disposed of by sale-that is. converted into
m~onev-lhe trust, with all It's limitations.
attached as fully TO the money, rs it did TO
the lands our property of which it is the
proceeds. Nor would the Government have
any more right To divide the land or the mo-
ney among the States-that is, to surrender
any other of its delegated powers. If it
may surrender either to the State. it may al
so surrender the power of declaring war.
laying duties. or coming money. They are
all delegated by the same parties, held under
the same instrument, and interest. for the ex-
%ecution Of the same objects. The assumption
of such a right paramount 10 the conslitu-
ton ilself-Thc right on the part of the Gov
eminent to destroy the instrument. and dis
solve the Union, from which it derives it ex-
Is'ence. To such monstrnuS results must the
principle on which this bill rests leads. on
the suppoSition that the lands (that is, the
terri,ories) belong to the United States as
they are expressly declared to do by the
cosii;u:ian.
But the difficulty would not be less if they
should be considered as belonging to the
States in their individual and separate char
acter- So considered. what right can this
Government possibly have over! II is the
agent. or trustee. for the United States:-
States as members OF Il common Union. and
not of the States individually. each of which
has Il separate Government OF its own TO re-
present II in that capacity. For this Gov.
m 10 assume TO represent them in both
capacities, would be to assume all power-tO
centralize the whole system in itself. But
admitting this bold assumptions; on what
prIDcIpla Of riult mr. ,netIra IN tho l,,l .o,I
" belong 10 the States-or, which is the same
thing. the revenue from the lands belong TO
tllem-can this Government impose the va.
rious limitations prescribed in the bIlI?-
What right has it, on that supposition, to ap-
propriate funds belonging to the States sepa-
rately. TO the use of the Union. in the event
of war, or in case the price of land sllnul5
be increased above adollar and a garter an
article Of the tariff above twenty per cen,um
ad valorem.
Such, and 50 overwhelming, are the con-
stitutIOal difficulties which deset this measure.
No one who can overcome them-who can
bring him self to vote for this biIl-need
trouble himself about constitutional s~cruples
hereafter. He may swallow without hesita-
ton, bank, tariff, and everv other unconstiu-
llOnal measure WHICH mas ever Deen a0OD-
ted or proposed. Yes; it would be easier
to make a plausible argument for the consti-
tuliOnaIIty of the most monstrous Of the
measures proposed by the abolition-for alb
clifton itself-than for this detestable bill;
and yet we find Senators from slaveholding
States. the very safety of whose c~onstitu-
ents depends on 4 strict construction of the
constitution, recodring their names in favor
of measure from which they have nothing
TO hope. and every thing 10 fear. To what
is a course so blind to be attributed, but 10
that fanaticism Of party zeal, openly avowed
on this floor, which regards the preservation
of the power of the wing party as the para
mount consideration? 1t has staked its exist
ence on the passage of this and the other
measures; for which this extraordinary session
was called; and when it is brought to the al
tentative of their defeat or success, in the
anxiety to avoid the one and secure the 9TH
err, constituents, duty, and country,-all
are sorgotten.
A measure which would make so wide
and fatal a breach in the constitution, could
not but involve in its consequences many
and disastrous changes in u political sys-
tenn; too numerous to be traced in n speech.