Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-04-23
TWENTY-sIXTI CoNGREss---2d SESSION.

H1H unner cOnSlQcT1L0H.-ofHdtt, january -, 1911
II, MIR President, British Minister, were upon this
floor, to propose measures for our adopon-measurrs
most beneficial to his country and rulnous 10 ours
ne would, presume, in the first place, advise this
government to mortgage its whole domain to the ba K
CTS VI England IN security for the debts OF the States
Ne3t, he would insist that the five millions OF dol
lars, now annually brought to the Treasury from the
SAFE OF inns DOMAIN, should be paid TO those bankers
through The agency Of the States-they being con.
stItuted thus British factors to receive and to remit
the amount 10 supply the consequent deficiency
in the national income, he would further recon-
mend the imposition OF tax, equivalent to
that sum, upon the American people and particularly
npon those Of the South and Vest. Then, would he
advise that this additional burden should be levied Us
duty upon the silks and wines received by us from
France, in exchange for cotton and upon this lat
ter would he especially insist, because the mpo-
sltion of such a duty would inevitably divert our
whole trade in cotton from that country to England
and by giving monopoly TO her OF this great product
Of soil, comprehendng, as it does half Of
entire exports enable the English purchaser to fix bis
own prices upon IT,
Such would be the counsels of British minister
but, Sir there is no British minister this floor
And yet we haSc heard these very measures, and
all, urged upon us-urged with Zeal and with passion
and that too, by the Senator from Massachusetts,
Mr.. Wcbster,) the very man who is soon to become
the organ of intercourse between his and the Bril-
tsh Government.
In order TO attain these results with the apparent
sanction Of the Constitution, and therefore to veil its
breach well the frghtful consequences Of such
measures from the eyes of the people, words and things
have been transposed; objects proessed, whilst the OPP
posite sought and reason we'll truth been made
subordinate 10 form of phraseology, which both con-
denim. That the people may not start at this levy Of
British tax yearly Of five millions upon them, It IS
proposed first, 10 collect il through The secret means
of the customs it is next declared to be tax on uxu
ries merely, and therefore burden alone upon the
rich and, finally, lis payment TO British bankers,
when collected is TO be called distribution of the
proceeds of the Public Lands to the States, but
the mposture stops not here. For, whilst It is BY
all conceded, including the Senator himself, that
Congress has no authority in the Constitution to dis
tribute the national revenue yet he seeks that autho-
rity, rs by going behind and beyond the Constitution
to the deeds Of cesson then, by denying The name OF
revenue to the fund derived from the lands and in
the end by returning to the Constitution, in order to
embrace lands nercr ccdfd
In the first part of this circuons sophstry, we are
told that the public domain is not the property OF the
States united a whole in their character ola Fede
raj Union but held by them in this character as trust
for the benefit, severaly, of the individual States
This is said to be manifest from the cessons executed
by part Of the States to the old Congress of the
Confederation; and it is upon the assumption OF h,s
fact that the argument IS rested, which deduces from
those ccssions the power OF the present Government
acting under constitution since adopted to distr
butte The revenue arising from NIL tie lands among the
States, individually. But, Sir alt the lands were
never so coded On the contrary, the greater part e
far beyond what ever the utmost limits OF the
cedng States, and were purchased by this, from To-
reign Governments since the Constitution wa adopted
Here them whilst the claim Of power TO Distribute
founded upon the alleged character OF the cession, Is
extended over the entire domain the cessons, them
selves found to embrace but uncomfortable part
AS 10 this portion thus cedcd prior TO the Constu-
ton, it has been shown, by other Senator's to have
been vested not in trust, but in absolute property, IN
the confederation Yet, advert TO this without deem
inc il important For the object of the cedng States
whatever il might then have been has since become
utterly immaterla because this Government holds no
power The lands IN virtue OF those cess'ohs' ou
by an express grant in the Constitution. From that
source alone, il derives authority over all things sub
iect TO its action Beyond that, 1t has no power to go
because it would then be beyond the source OF ITS
own existence. The Constitution was not, as many
SUPPOSE the reorganization of a previously exstins
system, but an vrignal-a first government within It.
self the old confederation having possessed not one
not even the rs-faculty of government acting, as
il did never on men, but States; and dependent, as It
was, on volition solely for obedience. The cedlng
Staes-the States to which the ccssions were made
all the parties 10 the cessons, alike parties 10 the
Constitution Their objects, in its adoption, were the
same; and as the confederation was dissolved IN that
very act REIMBURSEMENT was necessarily made OF their
relative rights and interests equally IN the lands as IN
every thing else For these reasons was that Congress-
by an express grant in the Constitution, was authorized
10 "dispose Of the public lands grant amounting, IN
itself to cesson anew-to q constitutional cessioh-
of whatever right reverson, title or trlst IN the
lands the States might have held prior to- or during
the confederation And, Sr this new cesslon, u not
the DID, IS upon the face OF It, ncontestoiy anso'u'e
For. if not Soft is pretended upon the contingency
Of having discharged the public debt, the remaining
lands mr. their proceeds were be diverted TO partlcu
lar object las distribution among the Staes and That
object too not otherwise within the power OF Congress,
why was not such object declared why was ,ne
grant of power not made CONNIE nsurate win III why
were the landslide acholc OF the lands-conioundeu
with all other public property, and made subject e1
pressly to the same power, they certainly are oy
these words of the Constitution "The Congress shall
have mower to dispose Of and make all needful rules
and renulatons respecting the territory, or other pro-
nertu. belonging to the U. s. This is the single
clause by which Congress has power over the iahus'
and equally applicable is it TO all public property
r. then it be said land so it has been) that this pow
or ;s upon its face unlimited, and that therefore, al
though Congress has authority to distribute revenue
generally il may yet apply the lands, other property,
or their proceeds in distribution to the States: my an
swer is that The power is unlimited only Tithtn The oro',
If the Constitution To any object which is iiset, ana
JJeu,J, Of This particular power, uihin that orbit,
The applicaton mas be made, but TO none other; De-
vond The Constitution Congress cannot go IN search Of
me- object for the application OF this fund; nor can II
draw such an object within It's own action, by connect
ing it with others already there
And of this, the reason is plain. Throughout tile
Constitution there run distinct classes oil powers
the one prescribing the objects 10 DO executee-.ne
other proyiding the OF execution In the orei
class, the objects few and express IN order 70 con-
fine the action Of the Government within DEFINITE
limits In the latter, the are, by The form OF the
grant, necessarily general yet limited, IN act oy Inc
objects expressed the former because the onec' IN
must yer precede, and afford the sole reason Tor
at all resorting to means. To the second OF tne TWO
classes belong the general powers to lay and collect
taxes" "to borrow money" and TO "dspose OF ana
make all needful rules and regulations respecting
the territory, or other public property Inc o.
iects to which the proceeds arising from the e1eF'
cise Of these powers may be applied, are, else,
where in the Constitution expressly numo1Tea aGs
limited to choice between the objects so expressed
H. therefore, the distribution of the revenue or o, 'i ne
proceeds of the public property, or of the properly ~
kind be not itself object existing in the ConsoIo
independeny Of the powers collect revenue TO Dor
row moneys and to dispose of the p0 pr loans
not at all The power 10 raise means oy 'aAe oa 80
or the sale Of was left sess,s e ssm as
a1ou' ~ .ute The express objects to which those