Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-05-28

were found in the instrument. The first article
first, section eighth clause first, and in these words:
"Te Congress shall have power TO lay and collect n'e n
aenee and geaed Of he UHit.d STATE. bu, aI
duties mro and eScses shall be uniform throughout Tie u
States"
His reading of this provision Of the Constitution
was, that the power o ay and collect taxes, outcs
and mposts, and cxcises was given 10 Congress J@'
the purpose Of paying the debts and Prortdtay J0r mf
common defenee and general lcefarc Of the IT, j. lie
knew a very different reading had been sometimes
conended for, and that the second clause OF the sen
tence, instead of being limitation upon the powers
granted in the first had been supposed TO confer ais
lnct and separate powers OF itself Under TINS c'h
strncton, the reading would be to give Congress Po"e
"to lay and collect taxes duties, Imposs and excses
and power "o pay the debts aud provide Tor Tue com
mon defence and general welfare OF the Y. .. -
not his present object to enter into discussion
the correctness or inconectness oil either D, te e
strucons but simply to state what he believed 10 We
the correct reading, as he had DONE Nor was ne NOW
10 enter into argument Of any sort in relation 10 lh'
sgeneral Hire clause of the Constitution. lie toe
we'll remembered the volumes which had been VIII
ten upsp Tie subject. without acco.hplisnh" any
other purpose Than 10 show the radical difference "
the rule which governed the two great contend'ng P'
cal parties in constituting that instrument, from
which all The powers Of this Government must De
drawn To his mind, the clause was not grant Of
power at all, but express limitation upon the pow
ers conferred by the clause which mmeda'ely pre-
ccdes il; and he believed this, at the present time, was
much more universally received opinion oil Inc couh'
try, than at former period. In any event, II there
should be dvocaes for the distribution Of the proceeds
of the public lands who seek the power to pass law
for that purpose in this general welfare clause, II VIII he
Tor them TO show that giving money from The common
Treasury TO the separate Staies to be expended upon
objects exclusively OF State character, IN harness
OF language and nendnent, TO provide tor "the gene
raj welfare of the United States their united capa-
dIslI Sledf rpm
IS sovereign and independent Governments ana com
munes and which, such, cnnsttutionally hold teif
separate general welfare in their separate and inde.
pendent keeping.
The other clause OF The Constitution to which he had
referred, the second canse OF Tic third section OIL
the fourth article in the following words:
r Congress shall have dispose q and make an
,.resp SS ana 70 I an nons "a in the
shall be 50 construed to prejudice am n me T. 81 Or y
q particular State
The power here conferred is over the "territory,
other property belonging the United States terms
as broad could have been used 10 include every
thing which IS property, and belongs to the u States
while the word teritory, instead OF lands or pubic
domain, clearly shows that that single enumeration OF
single description Of property had not reference TO
the public domain simply, in the common acceptation
OF those terms as used BY US, but intended 10 en-
brace all lands and soils "bclonging 10 the United
States, however and wherever situated, Tor whatever
use and purpose held, and however acqured-au ferrt
tgry The power conerrcds identical over the "errto-
rv and over The other "propcrty and it IS 10 "dls
pose Of both, and ''make all neediu rules and regula
respecting both. The grant Of power - as broad
as the terms err,ory and property; and The whole
grant alike applicable both and either, and to every
part and parcel Of each Who, then, shall suy That tins
provision Of the Constitution gives TO Congress power
over the public domain ofthe country which il does no.
rive over any other property of the U. s. That II
authorizes Congress to give away the public !ands
and does not give the authority to give away the
public money That il conirrs the power TO distribute
the States for their separate use, the money IN lne
Treasury arising from the sales Of the public lands
and does not confer the authority 10 distribute IN
the same manner and for the purposes. any other
money in tho Treasury belonging 10 the United States
from whatever source derived That authorizes the
distribution Of the proceeds Of the public domain,
usually so called and does not authorize Ike dslri
button of the proceeds Of any other portion OF The ter
rtory" Of the United States That the lands can be
sold 10 raise money for Distribution and not the nri
cacns ships arms, and any other Ike "terrtory and
.snroperty belonging to the United States hat the
uronc:ty of the country, as conradstingushcd from
its money, may be made a fund Tor distribution ny
sale and conversion into money, while the money II
self required 10 purchase the property cannot DC so
d;s,r,bned; That all noney in the Treasury and be-
ongino 10 the United States, from whatever source de-
rived II not as much ''propertv belonging TO the mica
States as the "crrltory other property mentioned
in this constitutional provision, and as much soecl %
the power Of Congress, therein granted over the Ter
ri,orv o. other propcrfy either for distribution 70 te
S,ac. or for any other application or expenditure
Hs would not for Il moment suppose that conUadic-
inv. nc This character could be conended for By any
Senator and he must, therefore, suppose 'hat he only
ground mon which this proposed Distribution OF inc
proceeds Of the public lands was 10 DC Advocated anu
was that the deeds Of cession Of the public
d,,,,n from The States the L. s., lad foundation
far ..c,;,n 20 such distribution upon some principle
and Inns brought the proposition within the terms OF
the last clause Of the constitutional provision last re-
E,rred TO- in the following words; And notsn9 ~ 'his
Constitution shall be construed as TO prejudice any
eIo;ms Of The IT, S, or Of any particular State.
Tb,, this Motley is urged under this clause oil The con-
,;,n,;orol provision is made probable, from the
,o ,hnt IL advocates have usually referred 10 the ces
Gins from the States, and the payment OF the debt OF
Tho Revolution as facts upon which the right to the DIS
IN the part of the States, and the authority 10
!, =, The part of Congress, were both to be rested
!, I'D 10 necessary therefore, to examine The DEEDS
ar oss.on and see whether they furnished any ioun
d,on for "caims on the part OF the States, or any
&c ,bc,n within The meaning OF the provision Of Tue
Co,,;,n,ion above quoted, or OF power on The part
of Congress to satisfy such "c'a'"s III '"e way P''
posed. ,...;,,, had induced him 10
~ - ,be following conclusion, and he now stated u
in the form Of proposition :
Tho deeds of cession from the States OIL that part
h hl;c domain held BY and under those cessions, DO
m
,hsn elams to those portions of the public lands
to the proceeds thereof which do not equally e., s
oanins all other "terrltory or properly oeion9"s " Wv
n nor do those deeds olcesson contain any .hlns
which confers upon Congress any other OF e.nefehe
ro,nr over the coded lands, the proceeds from me
sales thereof than that possessed by the grant % !e
Constitution over "the territory and property belonging
n the U S." acquired in any other manner.
brief reference to The cessions would esaoi'Sh 's
proposition The States which made cessi0nS unas,
he Articles of Confederation, and before the adoption
If The Constitution, five in number ana 'he 0fuef
of iLe cession in point of time were as follows;
New York-Decd Of cesslnn executed Isl 'iafc"'
v;ro;na-Dccd of cesson executed lst March, i"3i'
Massachusetts-Dred ofcesson executed l'th April
Coppec.icut-Deed of ces,on executed 18th Sept
17s6. xscu,ed 9TH Aug.
17c7. 49,, on,me,s,ed were
exscu,ed by tho delegates representing The o'a'es
the Of the &. 4 the
-ssncc,ive States comforting the power upon sne, w.
icea,es in the Congress to make the cessi"ns io se
~ mil