, 1841-04-10
AND DISTRIBUTING BILLS.
SPEECH OF MR.. CALHOUN.
OF SOUTH CAROLINA.

OF SOUTH CAROLINA.
In Senate, January %. I84I-On the
amendment proposed by Mr.. CRrrTEypES
TO the pre-. emptlon bill, 10 distribute the
proceeds of the public lands among the
States.
Mr.. CALHOUN said that the propnsi.
ton OF the Senator from Kentucky. Mr..
Crittenden] to distribute the proceeds OF
sales Of the public lands among the several
States, was no stranger in this chamber. His
colleague Mr.. Clay had introduced it ma
nv wears since. when he was In the OppoSi-
ton, and had eiten pressed its passage as an
Opposition measure. and once with success.
while the Treasury WAS grooming under the
weight of a surplus revenue of which Con-
gress was willing to free it on almost anv
terms. 1t was then vetoed by General
Jackson. and has had to contend ever since
against the resistance of his and the present
Administration
But it is now, for the first time. introduced
under different auspices. not rs on OPPOSE
ton, but an Administrative measure-a meas
ure of the coming Administration if we may
Judge from indications that can scarcely de
celve. 1t is brought in by Il Senator. who.
If rumor is 10 be credited. Sc .lec:ed IL mem
Der Of the new cabinet. Mr.. C~rittendenl
backed BY another in the same condition.
fMr. Webster supported by a third, Mr..
Claw who. all know, must exercise 4 control
ling influence over that Administration II
is then fair to presume. that IT Is not only a
measure. but 4 leading measure ri General
Harrison's administration pushed forward
in advance of his Inauguration by those vino
have the right of considerin. themselves
his organs on his floor. Regarded IN this
light, it acquires a vastly increased Impor-
tance-so much SO as TO demand the most
serious and deliberate consideration. Under
this impression | nave carefully r]e-examined
the measure. and have been confirmed in
the opinion previously entertained. that
it is PERFECTLY unconstitutional. and pregnant
with the most disastrous consequences: and
what | now propose is to present the result
Of my reflection under each of these views.
beginning with the former.
Whether the government can constitution
ally distribute the revenue from the public
lands among the States, must depend on
the fact, whether thew belong to them in
their united Federal character. or indiviiu-
ally and separately. If in the former, it is
manifest that the Government. as their com
mon agent or trustee. can have no right TO dis.
tribute among them for their individual. sepa-
rate use, a fund derived from property held in
their united and Federal character. without
a special power for that purpose. which is
not pretended. A position so clear of itself.
and resting on the established principles of
law. when applied to individuals holding
property in like manner. needs no illustration.
II, on the contrary, they belong TO the States
in their individual and separate character.
then the Government would not only have
the right. but would be bound to apply the
revenue to the separate use States. SO far
is incontrovertible. which presents the ques-I
ton, in which of the two characters are the
lands held by the States?
To give a satisfactory answer to this ques-
ton, it will be necessary to distinguish be-
tween the lands that have been ceded by
the States, and those that have been purchas-
ed by the Government. out of the common
funds of the Union.
The principal cessions were made DIV Viz
ginia and Georgia; the former of all the tract
Of country between the Ohio. the Mississippi
and the lakes including the States of Ohio.
Indiana, Illinois, and Michigan. and the Ter
tory of Wisconsin,; and the latter of the
tract included in Alabama and Mississippi.
1t shall begin with the session of Virginia. as
it is on that the advocates for distribution
mainly rely to establish the right.
hold in my hand an extract of all that
portion Of the Virginia deed of cession. which
has any bearing on the point at issue, taken
from the volume lying on the table before
me, with the place marked, and to which
any one DESTROYS Of examining the deed NAV
refer. The cession is sto the United States
IN congress assembled, for the benifts of said
States" Every word implies the States in
thoT united Federal character. Tha, is the