Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-04-14
2'trntNta zrNiNIaturc.
SPEECH OF MIR IRVING OF CUMBERLAND,
Deliue1ed "a The House Of Belcrafes March a.

SPEECH OF MIR. IRVING OF CUMBERLAND
Detre,ed ~ the House Of Delegates, March 4.
On the Resolution proposed by him nstrucnp the Com
mlt,oo On Finance 10 utroducc n bill ior the appoint
ment OF an agent to receive the quota of Virginia I'M
der the Distribution law, together with the amend
ment offered h,rco by Mr. Holiday lnstructng our
i Senators 10 vote for n repeal of the law.
MIR, IRVING said he could not expect 10 command
the undivided attention Of the House At this late hour o
the day, and IN lis present exhausted condition. yet II
they would give him then attention for short time. he
would ondoavof 10 reply. successfully 10 the arguments
zcalousy pressed upoa their consideration by the zen
tleman from Louisa, (Nlr. llolladay) In my remarks
sand he shall follow the course indicated by that gen
fit,an and shall nsdcrh both the constimllonay and
exnede,ev Il the Distribution law. though do mol ad
mil that the re.ol' which had the honor Of submit
ting al all brings into considerable the consttutonay
or expedcn : of this law To- = simply proposed, thai
one of the standing committees e, ne House should
bring in bill providing for the receipt OF ta norton oi
the public lands which might become due to Virginia
under the law lately passed by Congress. This sim 10
resolution in manor brought before the House tie
merits dancriis of the Distribution law. nasmuel,,
however, as the gentleman from Louisa has gone into
the cousuonalliy as well "a the oNpedlcncy of the
measure shall not shrink from meeting the raised
by that gentleman, but shall ondoavor 10 reply his
arguments and show both tho consttutionahty aud ex
pedicncy Of the law
The power 10 distribute the proceeds Of the public
lands is rested by bis friends upon the deeds of
executed by the States and upon the clause Of the Con
stution which gives Congress the power o dispose Of
and make all necdu rules and regulations respecting
the lands aud other property of the United States"
Will first notice the Argument Of the gentleman from Lou
lisa on this head. 1t must be perceived that language
broader and more unqualified could not have been
employed. and | shall contend that, except SO far
as that power Is cuntroyert,d by the deeds Of ces
slon it in the discretion of Congress dispose of
them in such way best to conduee TO the in
terest Of the American people. The gentleman, how
ever argues that there LIS no distinction between the right
dispose Of the public lands and hcrgh odisposc OF the
revenue derived from axes duties and IMPORTS that the
words ard other property includes the revenue der
we'd from imports, and that the power 10 distribute the
proceeds of the sales of the public lanls necessarily IN
wolves the power To distribute all other Ieycrre The
fist article OF the eighth section Of the Constitution pro-
vdes, that "Can2roSS shall have power 10 lay and col
lect taxes duties mposts and excuses 10 pay the debts
and provide or the common defence and general welfare
Of the T. s.. Now, the clause 'to Provide for the com
defence and general welfare" has been consider
ed by those who maintain that The Constitution should
be construed strlcy US cfnerng upon Congress any
power, but as limitation upon the power Of laying
Is, duties, mposts and eXcses not indeed hunting, in
themselves, any specific grant Of power. but specifying
the purpose for which "aNes. dulics, &c" should be
ladhat IS. Ii" pay the debts and provide for the com
mon defence and general welfare of the L. s." Here,
then, is limitation upon the power 10 dispose Of the
binary revenue; but where is any Limitation to the pow
or Of Congress the public lands and other property
the United Slatcsl lndoub,odi,, there is none ex=
cep far the deeds u cossion may control Congress
IN the matter. suppose The gWIlemau's conslrne
ton of this section be correct, that the Nufds land other
property" embrace the ordinary derived from
customs. duties. excuses and lmpusts 1t would be with
drawn from the clause Of the Constitution which limits
the power OF Congress II. and defines the purposes
10 which should be applied. and would he SUBJECT
clause of the Constitution which contains grant OF
power as unlimited as our language can make IT, Caaa
be believed that the trainers Of our Constitution ait,rspe
ciylng the tho mode which should Congress raise
nue. as well as the purposes ipr which should be raised,
would have gone aud IN subsequent article subjected
the subject 10 be disposed ofhy Congress without
any lImltaonf For my part. can hardly believe
that the trainers OF the Constitution. comforting the
power upon Congress Of dsposlng of the Public Lands
and other property, meant 10 include the ordinary
nue. derived from customs, &c Their object in
cude ships, FORTS docks and any other property that
might belong IL tho Government and which might be
proper for Congress 10 dispose Of. But whether am
right or wrong IN my construction. that the words land
other property haN" no reference TO the general
nues of the Government, scnely mmaterla the sub
Jec, under consideration. II am wrong. II follows that
the right to dispose Of the ordinary is given by
virtue of that clause Of the Constitution which have
quoted
The gentleman from Louisa having. however, as he
thinks established the proposition that there IS no dsnc
ton between the Distribution Of the proceeds Of the public
lands and the ordinary of the Government. has
conuTcd up before our maglnatons the dreadful conse
quences which he supp0ses will result from the admission
oil the right oil Congress TO dispose OF the property OF the
tntcd States, He says, if Congress had this power.
could accomplish any thing within the reach omoney.
lie even suproses that they mhgt ships Of
take the arms, sell the iorsand distribute the proceeds
Inong the States All have 10 say In these supposed
scs Of the gentleman IS that they extreme ard
might happen; but does tho gentleman believe there Is
any danger be appehended from heabuse Of the pow
or to dispose Of the property of the United Satos2 Did
the gentleman thereby to argue against the cxis
tence OF power. from the possibility Of It's abusc7
beg leave 10 call his attention, Gas he much alarmed
al the idea Of conceding this power Congress- to
other article in the Constitution, in which powers still
more alarming expressly conferred upon Congress.
For instance, the power to aIse and support armies
II may under this provision, raise army Of 600
men, well as lO,0GO. There is no limitation To
numbers. Congress. too. has right TO 'provde and
maintain navy 1t may, therefore, under this power
cover your navigablc waters with its ships Congress
can declare war" 1t may engage the country in M
nous. oppressive, and unnecessary II may tor
the purpose OF supporting itself the prosecution of war
impose oncrous and oppressive taxes, mp0sts and excl
upon the people. All of these powe unquostion
ed, by the gentleman from Louisa; and yet he who
looks with such compssure upon these really important
powers, "chimoras dire in concedng to Congress
the right to dispose Of the property Of the United
States.
Is there check upon this powcr7 Is there check in
the fact that the Representatives in Congress are espon-
slbe TO the people, precisely the gentleman from Lou
sa and myself responsible to constituents Is
there any danger that the Representatives Of the people
will give away the property Of their constituents! Tho
true check upon this power is, that which lies al
the bottom Of all Representative Goyemmcns-thd
responsibility Of the Representatives to the constituent