Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-11-23

usPoSe ol anu lnake all nteuIul
respecting the territory other property belonging 10
the IT, s.
But did any body, till within year past ever dream
that this conferred power to give away the whole pub
lie property of every kind of the General Government
What Sir; power to arrange and regulate, or even 10
sell meant to be 10 give away Was such doc
trine preached before in the whole half century
which has preceded under the Constitution, and
which has been filled with conflicts OF the most astnte
and able minds discover grounds for broad construc
tlons To dispose Of property or appropriate money,
not as douceurs or mere gifts, but objects connected
with the general welfare, have been considered very
latndInaran But the argument which allows you
to give away tie whole Of princely domain, ex-
tending from the Atlantic to the Rocky Mountains,
and even TO the Pacific Ocean-to Gestow our whole
nayy-our numerous Notifications very hall where
we delberate-and these 10 any and every object, how
ever local, sectional and TO be applied, # any
State choescs. the erection Of jais-a boun':
OH Wifi scalps, The most pntry matter Of dcmestt
police, outrages all the restrictions IN The Constitution,
and declares open with the Virginia platform Of
-. In fine, it goes ae much beyond the doctrine OF
line general welfare, rs lSat goes beyond the mitG
ton Of various specific objects enumerated in the Con.
stliniion.
feel mortified, Sir, that Of S;rginia-the Com
mionwealth that has heretofore fought many victor
Gus battles in favor Of strict cons,ructonsslou!d for
moment, have seemed 10 yield any kind of assent TO
such worse than flamltonan heresy. lie Too a Re
publican OF the school Of %, Mr.. Archer Why,
SIR, the whole discovery in the teeth of the constrnc
ton by Jefferson and Madison otemporaneous a.
well as that continued for half century 1t is death
to every sacred prncipe-deah 10 public safety pub
lie virtue public liberty !, in TRUTH founded on an
entire mistake 10 the obvious meaning Of the word
sposc-and to the object of that clause in the Con-
nr,ntion 1t was man'iestly introduced, appro-
s,l apply our property but merely to regulate liz
Tho management.
b,a ~ dispose usually means "to arrange, or 80
en- hn,,o 80 ALLEVIATE; az, ''thc has disposed
are rnl Of suc6 Richardson, Johnson, and Webster,
and dsposin~ m ,Ie,inliIons What, Also is - sound
orm.L;nr ;a;.;on in tesa,or, but mind capable
ion yolses The ord;n, gain ANY different cons,ruc-
gel, a. cannon sense Identification Of the words,
ferred on Congress 10 rive Az should power he CON
not our money: This clause. al! our property, but
trusted 10 agent by an ndivdua Wv oa,, s s
Pose of his farm or OF his stock Of CATH SUI, " ny
absence is power to sell them, and j.. III 'ie o""e
away. But being sold, what shall be dons .,,h ,hs
proceeds, depends, in both cases, OIL other ana
arrangements, provisions, orders In this 49,
clause 10 dispose Of the lands, Nc IS executed not
giving them away bat hv selling them under The Law,
which form cur beautiful system of land sales which
has been in force than quarter Of 4 century
Under this bill, the mode Of dISPosng OF the lands
themselves generally, is not attempted 10 be changed
They are still to he sold TO A, b. and {, at public
auction and private entry, and not 10 be gwen away 10
them But after being sold, ike any other property,
such as refuse lumber or timber condemned vessels,
goods forfeited &c, and the proceeds paid into the
public Treasury, then this clause in the Constitu-
ton as 10 their disposal, IS executed exhausted. Al
ter that this bill undertakes 10 give away the proceeds
Of those sales, but with no more right or authority
under that clause than under any other clause what
ever No, Sir such would subyert The ma
tura import Of the piancst language. IL must give
the proceeds away, ii a. all, legally within and IN
der the Constitution, as II gives the hall millions Of
acres to nine of the States by virtue Of the causes,
which specify to wha, objects the public money may
be applied and il should expressly apply them or their
use as is done with that half million, 10 national oh.
ccts. There is other way legally OF drawing mo.
ney from the Treasury which is once in it. There
should be no other. And let me tell my Trend from
Virginia, MIR Archer that every dollar OF this disTi-
ltrlbulon-not like property granted, but Ike money
voted-will be entered the books OF The treasury
among the general revenues Of The government ana
ont of tina, Treasury consi'tutlonay only NY an
appropriation, and when paid out must and VIII be
char .ed up among the expenditures OF the year
1t is then be treated exactly like the money collect
ed in taxes. There s power IN The Constitution 70
the proceeds Of property, or TO give away me pro
cceds of property differently from the proceeds OF taxa
ton.
What miserable wretchcd farce would il be 10 at
tempt 10 carry effect the contrary doctrine Then
you could give away property, but not the money
which used TO purchase IT. You could collect mo-
ney in buy other property 10 supply the place
Of that given away and this second purchase might
also be given away, but the money 10 buy It could not
be.
| Am l. Sir in an American Senate, surrounded by
the Ambassadors oil lWcnly'slA "u'J
of them Judges, OK Governors, eS.Secretares and
conscrip fathers for age and dlgnty-am doomed 10
listen 10 such deceptive reasoning, such morality 1t
is not possible Tor sanction system Of paltry eva
sion.
Forbidden b. the true meaning Of the word dispose
forbidden BY the design Of the whole cause-ior-
hidden by sound logic, TO make gift Of property,
where you cannot make 1t Of money, what would be
the fatal consequences Of such practice, and winch
tend with equal force 10 forbid It
III Tho ali ppIs mos
the trainers Of the Constitution, such IS freedom oil
conscience and liberty Of the press, might be placed
in the most imminent danger by giving away property
10 any or every purpose without regard 10 constitutional
limitations The property ms ht also be gwen TO the
most pernicous and demoralIzing purposes 1t might
be given establish parzln presses 70 erect churches
or theatres furnish shows OF wild beasts, or gia
diatoral combas, trumphal professions, as IN days
Of yore, and the whole community become betrayed,
corrupted and prostituted with their own money
But beyond this, the public property could be gwen 10
particular favored classes, whether manufacturers ana
lie rich the desperate and needy anu thus CON
vert the Government substantially INTO an oppressive
moneyed ogarchy, alegciltDg tcrocious agFaranis
A single other consideration III respect TO the remarks
Of some that Congress has been accustomed
10 give away lands literally, or on different pm
cipes than money. But if this was SO under impulses
of feeling or under the influence OF our ample re-
sources in land il cannot alter constitutional princ
pie which recognizes distinction IN The power 10 APP
propriate or give away either property or money.
Again mos, Of The cases supposed 10 be mere gifts
Of land whether individuals States have been III
fact grants with view 10 promote legitimate ana eA
press constitutional objects Thus the donations for
education in the new States have been asked to IN.
crease the inducements 10 remove there and augment
the value and sales Of other lands. 50 Of The
grants 10 canals roads So Of the grants to lie lie
voluonary veterans like Sarke and Lafayette, 10 pay
them more fully for their sacrifices and tos. 80 Of
lands granted for bountes TO enlist or instead Of pen
sions 10 form part Of the COMPENSATION ana reward
for the most perlous services by food and held
No, can there be any sound distinction taken so IN
genously by the Senator from Virginia, mir Archer,
between lands granted for common objects and proper
ty or money obtained for general objects Why, SIR,
the very frs, dictionary you open, defines The word
general 10 mean common (see Todd's Johnson They
mean the same precisely in the preamble Of the Con-
stitu,ion and esewere when the common defence and
the general welfare spoken OF under the same view
and restrictions So the deeds Of cession by Virg,
MIA, Georgia, and North Corolnn, 10 form "a common
fund.- Massachusetts "for the common benefit