Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-02-08

property of the Union. The deed of cesson from Vir
gnia provide that the lands she cedcd shoud be con
sidered common fund, for the and benefit OF such
of the u S. as had become or shou Id become members
Of the confederacy, Virginia inclusive nccordt"S to htr
usual respective proportions the general charge and
penditure and should hat purpose,
and for no other use or purpose mhatcrer The other
deeds of cesson substantially correspond with that OF
Virginia On these terms the old confederation accepted
these lands and thereby engaged 10 dispose OF them IN
the mode specified in the deeds cession This compact
is still binding the Federal Government: because by
the first section Of the fifth article of the Constitution
OF The u b, It is distinctly and expressly provided,
that "al debts contracted and engagements entered
into before the adoption Of this Constitution, shall be
as valid against the U. S. under this Constitution, as
under the Confederation Such thing this disr'-
button of the proceeds of the lands never thought
of in the earlier days Of the republic II is an nven.
ton Of latter days Under the Confederation, the States
contributed to the Treasury of the Union, through
acquisitions made them by Congress and as
the Union needed all the resources it could obtain, the
States also freely contributed their vacant lands Now
seems the rule is 10 be reversed and the Federal Co.
yernment is to contribute to the support oil the State
treasures. But the ceded lands, being intended Tor
the support Of the Union, 10 be considered as n
common fund.- for the and benefit Of the States of
the Union, according TO their usual and respective
proportions in the general charge and expenditure
Now what is the usual and respective proportion OF the
several States the general charge
The revenue is mainly paid in the form OF indirect
taxes, and it is therefore utterly impossible to tell with
accuracy in what proportions is paid by the several
States The only possible mode in which this fund can
be applied 10 up to the letter and the spirit
of the compacts is TO appropriate TO defray the eg-
innate expenditures of government 1t will then d..
mnsh the amount of taxes to be paid by the citizens
of the several States, by the amount of the fund what
ever it may be- When applied, it dlmnshes rate
ably the proportion which each State has to contribute to
the general charge and expenditure and netng each
that proportion, exactly fulls the compacts between
the States and the Union.
But if Congress distribute this fund derived from
the coded lands at ALL by what light do they give div-
dend TO the territories, and the district OF Columbia
They are not mentioned in the deeds Of cessi,n. BY
what right do they give 100000 of land TO each
of the new States to the prejudice Of the old States-
and by what right do they FIRST give per cent on the
proceeds of sales to the States, and then give them
equal dividend in wha: remains? These Inequalities
utterly at with the terms and the spirit OF The
deeds Of cesson.
The power to distribute this fund is claimed under
that clause of the Constitution which provides, that
"Congress shn have power TO dispose of, and make all
needfu rules and regulations respecting the territory
and other property belonging TO the w. States" This
clause of the Constitution applies, not to the lands
alone, but TO all the property ofthe U. States. 1t seems
therefore unnecessary To consider, whether Congress
has any greater power the proceeds OF the lands
which were purchased with money taken out OF The
u
were purchased The authority both is believed 10
be the same for, if Congress raise money by tax
ing the people, with that money buy lands, then sell
the lands, and distribute the proceeds cannot per-
ceve why they not just well distribute the mo-
ney out Of the treasury at once without going through
this circuitous process, 10 get the power. In fact
those who claim the power Of distribution under this
clause of the Constitution, claim for Congress an un
limited power of disposition the whole of the pro-
perty Of the U. not the lands alone, but over
L., II
ITSELF and the public money in the treasury, however
it may have been raised. Such claim OF power IS
startling f it be valid claim, il sets at nought every
practical limitation the powers Of the General Co
vernment and destroys its great leading characteristic
viz: that it is government Of limited delegated pow
ers There is no limitation to the power of Congress
TO raise money, except in the objects to which the
money may be appropriated This construction takes
away all limit 10 the objects of appropriation And
then we have government with unlimited power TO
raise money, aud without limit TO the objects TO
which it may be appropriated. The money power is in
times the great power which controls all other
powers and if this unlimited money power does really
belong to the General Government it will soon set all
other limitations of power at defiance. Like Aaron s
rod, il will swallow up all the rest. Such construc
ton cannot be admitted for moment ltcan find lts
parallel only in the p!oded doctrine of the general
welfare" We deny that Congress has any greater pow
er over the fund derived from the public lands than
over other revenue; and hold with Madison report
Of 1890 and 1900 that, 'whenevcr money has been
raised by the general authority and is 10 be applied to
particular measure, question arises whether The
be within the enumerated authorities vested IN
Congress- If IL be, the money requisite for II may De
applied 10 it, If il be not no such appropriation can
he made" This is the true limitation on the money
power, the power of appropriation; and without II,
vain indeed all other limitations on the powers OF
Congress- Let no man who voted for this distribution
law hereafter claim be strict construer Of the Con-
stitution. Apart from The insurmounable objections
to this bill on the of its unconsttutionaty what
folly it give away large branch of the revenues
when the treasury literally empty, unable to pay the
public creditors all It's resources (incudIng that from
The lands far short of its expenses, and when the CO.
vernment has actually been unable to raise even on
its credit by borrowing, money enough to meet the just
demands against II.
But the money given 10 the States and this is sup
posed be unanswerable argument in IFS favor and
which is gain the support OF the people Tor
the measure-as if it were cearg gain to the States, of
the amount which they will respectively receive under
the Distribution Law. When this money rs given to
the States, is it not apparent that in the present con-
dton of the Treasury an equal amount must be raised
for the use of the General Government in some other
mcde either by borrowing it, by taxing the people
and by whatever mode it may be raised, the people
have it TO pay; the people Of these same States TO
which the land money is distributed. So that the Co
vernment pays money TO them with one hand and takes
it back with The other. This would be useless opera
ton, if they paid back exactly what they had received
and no more. But, in fact they must pay back more
than they receives for they pay the costs of the
operation the expences of collecting and disbursng the
money. Yet than all this, while the land money
as we have shewn9 is distributed very unequaly, (the
new States receiving most unreasonable proportion Of
i) the money which the people have TO pay to supply
the place of the land money, will be paid by them IN
most unequal proportions. This money will be raised
by increasing the indirect taxes the duties on imports
in other words by increase of the Tariff. Yes, let
politicians disguise it they may the Distribution ne
cessarly leads to increase of the Tariff and an IN
creased Tariff will be moulded and modified as to
give protection 10 portion of the Union, at the ex
pence OF another benefit the manufacturer at the ex
pence of the planter and the farmer. The South has
always suffered from the Tarf-the North has always
proHied BY it, Let the South beware of Distribution
for Tariff of protection follows in its train.
The direct tendency ofthis Distribution Law, is to des
troy the constitutional balance Of power between the fe
dera and the State Governments tses Prece
which Congress may lay taxes to supply the revenues OF
the State Governments; and thus in effect, the whole
,lIt tbo TTnio he tran