The Illinois free trader and LaSalle County commercial advertiser. [volume] (Ottawa, Ill.) 1841-1843, 1842-12-16

States, and the balance will be duly paid
on the application of the authorized agent
of :he state" The Sd section of the act
above recited provides, that the disiribu-
live share of money due to any state or
territory under the provisions of the law
shall be paid to any person or persons
whom the legislature thereof should au-
thorize to receive the same. or in case the
legislature was not in session, to any per-
son or persons whom the governor should
appoint. The period of time which was
to elapse between the receipt of the above
communication and your meeting was so
short that the state could not be injured
by the delay, and as | conceived the mat
ter of sufficient importance to require your
action, thought proper to decline author
zing an agent to receive the money. and
now submit. it entirely for your considera-
ton. was more strong y prompted to
adopt this course by knowledge of the
fact. that the legislatures Of several of the
states have not only refused to accept the
sums of money to which their states re-
spectively became entitled under the pro-
visions of the same law, but have express
sed in strong and decided terms their en-
tire disapprobation of the distribution
policy. The patriotism and devotion to
principle tina, these Legislative bodies have
evinced, by resisting the influence of this
seductive and dangerous policy, cannot in
my estimation be too highly commended.
1t would be a source of great qualification
should you in your wisdom think proper
to initiate their example. The distrlbu-
ton of the proceeds Of the sales of the
public lands to the states, is maniieslly an
exercise Of power on the part of congress
not delegated by the constitution Of the
United States. The revenue derived
from the sales Of the public lands does not
differ in any respect from the revenue
collected from customs. This is evident
from the fact, that the cost of purchasing
and surveying the public lands is paid out
of the revenue derived from customs, and
whatever deficit is occasioned in the Uni
ted States treasury by the distribution of
the former, mast be supplied by the latter.
The revenue derived from these two
sources being in its character the same,
congress cannot exercise any more power
over one portion than i! could over the
other. II therefore it can distribute the
proceeds of The sales Of the public lands,
1t follows that it can also distribute the
revenue collected from customs. 1t then
becomes a question whether or not the
constitution of the United States clothes
congress with the power to collect rcve-
nue. for the purpose Of distributing to the
states. The powers conferred upon con-
gress by the constitution, are Of two
classes first those which are expressly
delegated, and second, those which are
essential or necessary to the exercise Of
delegated powers. The distribution of
the revenue or any portion of it among
the states, is not enumerated among the
delegated powers, nor will any one, |
presume, maintain that it is essential to
the exercise of any delegated power. If
this view Of the subject be correct, The
distribution of the proceeds Of the sales of
the public lands among the states, is not
warranted by the constitution. and is
therefore an usurpalon on the part of
congress.
This conclusion is strengthened by the
consideration that while the people con-
lcrred upon congress the power to collect
revenue for the support OF the general gov
eminent, they reserved to the states all
the authority and power necessary to col
lect revenue for the supper, Of the state
governments respectively.
Having thus pointed ont the unconsti-
htonalty of this measure, | should leave
1t without further comment, were it not for
the fact that it is presented to you under
circumstances somewhat peculiar. The
great financial embarrassments under
which the state is laboring furnishes a
preIext, though not Justification, for
your accepting the money that has ac-
crued to this state under the provisions Of
the distribution act. The necessities of
the state, however great they may be,
cannot, in the slighles, degree, justify you
in sanciloning the violation Of the sacred
principles of the constitution. The I'M
portancc and value of those principles
cannot be estimated by paliry considera-
tons Of money. They are land marks
which have guided our course through
periods of prosperity, and must not be
lost si0hi or in epusonc If ,1vnrsitu Drn