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

Of tis BILL IL ought to be considered in the light of the
payment of debt due 10 the States.
debt Why, Sir: What State holds the bond or
note the General Government for this debt: None
only seven OF the twentysix States nfde any
SION OF any supposed title TO any Of the public lands
whose proceeds are logically argued to b. debt
due TO each OF the tweny-six Nineteen sf them
pretended any right to any Of them separate States
now, then, do We owe any debit How any sem
h!ancc Of debt those nineteen Even the other seven
merely quit'clalmed or released what Of them
had little or no legal right 10. They did il 10 quiet DIS
lnrhances settle conflicting promote the ge
neral welfare of the whole U. S. and never dreamed of
creating thereby debt Tor the value Of the lands, ESQ.,
what was the amount Of the debt? And why has il not
been before demanded; On the contrary the title of
those States separately Sir rested 10 use the
words OF an old provincial governor on about as strong
+ record as "the scratch Of bears paw" r., lands
or mostly waste crown lands, and in e.- s,.uggle
whole ayolriion they were bought and paid FOR 81 the
Tho ;nrteen States then in being, by their blood
iham rh11ablc courage and constancy conquered
,tc ,coonn, sacrhces, suiirrngs and blood balanced
Al, = A. ut beyond all this what prelerce Of
MN &c wv States for the immense do.
claimed never nd Florida, which they never
Government, hongh, Of J. 10. "S.'a" .'s General
on; Of the public Treasury w., 81 pa h u pi1a lot
undertake 10 pay those States ,nan :, H. w you
larger amount on account Of the ~ 10 ,"e ,.ee, d
from foreigners, than all which wei, 49,
to by all the States together D., !,
be done debt " ~
Again. if debt, why do we not deduct fro. :. a.
bill a, least the acknowledged debts due 10
and other Stnics: o'e
old States exceeds four million ofdoliars and the
deposile with the States in lS37, knowedged by theil
solemn laws well 10 he debt due TO u.s. K
ceeds twenty.cghl millions. Yet this ball. If paying 10
them old Revolutionary or more recent debt, saou!t
certainly deduct what is due 10 W., Once more, why
a., D. nt,I IN h.
message, Us debt fit be one and why did not the Sc
cctary Of the Treasury, anxious 10 swell orr nation
of debt discover and urge this as part Of Il, instead
of placing the distribution, does the President, on
grounds entirely different.
But more Ii this be debt what right have we, as
provided in this BILL 10 stop the payment on the occur
renee Of n war; What right have We, in The bill
stop payment Of IT, and dispose Of The whole lands
in any different manner which Congress may at any
moment happen 10 prefer; What right have we also,
in this BILL to stop the payment whenever Congress
pleases to increase the minimum price vf the public
lands per acre: What right 10 suspend its payment,
when the Tariff is increased above - per cent Is
nov provided in the amended bl'
All these gross surpations-voiations OF COM
pacis, and dsgracefu immnsality the part Of The
Senate, if regard these proceeds 10 belong 10 the
States debt due, and not to bc 4 mere gilt
Let us pass from this unlenabe and contradictory
hypothesis TO another, somewhat more plausible, which
49, that the distribution is the execution Of trust in
favor Of the States in these lands rather than gift
Some haze called il a resulting trust, after the pay
ment of the Revolutionary debt. They have been dri-
to this from the fact that in several of the cessons
no trust whatever is expressed Here are the whole
of the grants proving that fact But if il be result
ing trust let me ask you, Sir, lawyer, and once
a chancellor, we'll Judge, if trust can result
Of anything except what il contained IN the deed,
and to any person except the grantor III each deed.
There would then result nothing to any State Of the
IL ~ I Isinna q re
in any of the deeds. Nor would trust result 10 any
State except Of that particular land contained IN us
particular deed Hence forinsance, instead OF giving,
as in this BILL to New York vast disrIbuye share in
the whole of the public lands, she should have nothing
in those purchased from foreign powers, nor IN those
by other States, but simply all which remains
Of what was covered by her own deed. Under this
view Also as only States released any title what
whatever could revert TO any Of the other
nineteen by way Of resulting trust Much more could
be presented under this head, To show how utterly
groundess in every view is this pretence that The dis
tTbution is not gift, because il is resulting trnst
But torbear to weary The Senate with II.
The only other argument 10 prove II not to be n ma
ked gift, idea former. much dwet o. but, on full
examination, found 10 be equally un.ounded-that the
distribution is the execution OF an express trust con-
tanned in the deeds Of cesson.
PRAY tell me- Sir il there in them express trust,
TO be fulfilled certain time and in certain event,
10 the States-achcR that time or what that EVENT.
Gentlemen have argued that it was after the payment
of the Revolutionary debt of all the national debt
Yet here the WORDS in every deed in the document
in nv hand and not syllable of that kind appears in
of them But if did, neither OF these events has
vet occurred Some of the Revolutionary debt yet re-
MAINS and large charges for Revolutionary CLAIMS, m
GLIDING pensions, well as for paying annuItIcs TO IN
dans and dscharging other expenses yearly, IN the
cxtnruishment of Indian titles and the defence oil mat
very soil from Indian ncnrsons. So some Of The other
portions of the national debt remaIn; and we have ad-
ded to them nj this very session twelve millions, and
have in progress in the ridiculous make SHIFT for
Bank-the newangled Exchange Fiscal Corporation
all authority for Ten or fifteen millions more.
The express trust is then untenable as the result
inc one Not only for these reasons but that II cannot
extend by my pretence whatever, to any portion OF
Florida or Louisiana. Besides all this, however, the
bill itself puts veto on the whole assumption oil lis
being the execution Of trust. If money IS to be gwen
to The States on that account and on their theory-ol
liz beginning when most Of The debt pad-he the
distribution should go back TO lea5-and embrace all
The nett proceeds since Then, too il should in future
each only the NETT proceeds instead Of taking as
il does, almost the whole gross proceeds Then, IS
before mentioned, what right has Congress 10 re.
serve power 10 stop the execution of this trust and
otherwise dispose of all or any OF the lands whenever IT
peases, Then, how dare the Chairman insert pro-
vision in the b he has, snspendng the trust, IN The
occurrence Of war; Where is the right TO dot: How
dare he Also in that view, TO nnnu the whole tfusl as
does, u congress dl 'Ho'SS "SiN'y ~
Inc minimum price Of the public lands How can we,
ourselves, also justified the amendment made to sns,
No nd lis whole operation, at any moment, when u shali
come necessary to the tariff higher than twenty
pcr cent, Who gave such power over this pro.
er,y if il be express trnst' Where IS conferred
Ly whom: What right have we TO retain The lead mines
and salt springs 10 lease Tor revenue What right 10
The sixty or seventy millions Of acres exchanged w'iI.
IN, Indians in the Far VEST No. Sir the whole bill
is inconsistent throughout with any such idea. lhe
distribution is treated in all respects as naked git,
md as such is made and regulated if at all By the
Constitution and the provisions Of il applicable to The
disposal of oil the property and money Of the General
Government.
Otherwise It would also be impossible 10 exercise, as
we do an unlimited discretion in several other pror-
sions Thus we give additional per centage to some
States. and withhold il from others. We give thou
sands Of acres besides that and equal share TO some
States and none TO others. We make II begin at an
arbitrary date and suspend at an arbitrary date
or event We act ms if uncontrolled, and the public
must look to record for their true character
rather than our words in debate. There is no manly,
honorable escape from these conclusions. We cannot
hold 40 our heads statesmen and conduct IN this way
doh tpr n fr