Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-03-22
ply the deficiency thus occasloned. This was con-
SEQUENCE of the present distribution universally con.

sequence OF the present distribution universally con-
ceded
consequential testimony TO establish this fact The
honorable mover of the resolutions Mr. ClayJ had,
upon late occasion, with his accustomed frankness,
declared IN his place that the real question presented
was, whether we should compel the States to resort 10
their power OF direct taxation TO meet their present EN-
barrassmens and wants, should exercise ourselves
mild power Of lncden tai indirect taxatlon
to accomplish the object; and, thus stating the
question: ne urged the exercise of our power for the
States, instead of their exercise of their own power for
themselves. This put the question Of fact at rest.
How was it, then, with the question Of porcr on our
part: The Constitution Of the IT, S. article l. section
Is, says: he Congress shall have power to lay and
collect taxes, duties mposs, and excuses, to pay The
dfbtS and pr0rdc for the common defence and general
utijarc Of the L. 81
This is the power granted to Congress by the Const
tu,on"to lay and collect taxes, duties, nposts, and
excses and these are the objects for which money may
be collected from the people, viz to pay the debts OF
the United States; 10 provide for the common defence
of the u States 10 provide for the general welfare Of
the IT, States. To distribute money from the Treasury
of the Union 10 the separate States Gratuy IL
tanly not applying Il 10 the payment Of the dets OF hc
LneG States II Is not using II 10 provide Tor the conf
defence of the U. States. Does such disposition
of the money, then, come within the power "to pro-
vide for the gene welfare OF the u. SateS9 mot, the
Constitution does authorize such application OF
the money of The Union IL it does come within this
power than any object of State expenditure, directed
by the Legislature of State, expenditure TO pro-
vide for the general welfare of the IT, 81 and Congress
can direct the payment from the National Treasury; for
the expenditure of the proceeds OF the sales OF the pub
lie lands directed To be distributed TO the States by the
law OF Congress named in this resolution, is left en-
lircy TO the will of the State Legislatures 1t may be
applied Ia the existing debts of the States, 10 the
siruction of internal Improvements within them, TO the
promotion of education and such like Objects it may
be expended defrayng the current and ordinary ex-
penses Of their Governments, or TO meet any other
preparation their respective Legislatures may choose 10
make for any object whatever. He certainly will not
deserve the s0uJqun Of ''absractionst in constilu.
tonal constructions who is able TO satisfy his mind that
money thus disposed Of Congress IS money expended
"to provide for the general welfare of the U. s.
Mr. w. was aware that the demonstratvc force OF
this argument had been attempted, upon former occa
sions 10 be avoided, by contendng for distinction,
to the power ofapplcatlon between money in the rea
sury being The proceeds of the land sales, and money
derived from iaxes duties mpos,s, and excuses; and
that this distinction sought to be sustained upon
the following grounds:
l. That the lands were ceded by several ofthe States
to the United States for valuable considerations and
therefore the proceeds ought equaby TO be returned
to them or the lands be specifically reconveycd.
9 That the cessons Of the States made for n
specific purpose, the payment OF the debt oil the
Revolution and that debt having been fully paid the
lands should revert, and if still held by the United
States, should be considered as held merely in trust for
the States.
The fact, that hut very small fraction of the lands
now held by the United States, and remaining unsold
are within the bounds of the territory coded by the
States and that more than nlne-tenths and probably
nineteen .twentieths OF the whole are the lands pnr
chased By the United States from France and Spain,
under the Louisiana and Florida treaties, and paid for
out of The public Treasury of the United States and
from revenue raised from taxes imposed and collected
under the authority of the United States, has been
eectua an answer these POSITIONS as almost to have
withdrawn them from the recent arguments in favor OF
this policy of distribution.
And since il has been concusively shown, from au
tentc public records that the lands, unaIded By Inc
revenues derived from mpos, would never have paid
the Revolutionary debt, if indeed they would, up 10
this point have betrayed the expenses incurred simply
on their own account; that that debt is annually
being paid from the Treasury oil the UnIon IN the shape
Of Revolutionary Pensions, IN amounts quite equal TO
the ordinary proceeds of the lands and that the deeds
of cesson merely conveyed the sovereignty over the
territory and the right purchase the Indian title, that
beno all the States held and could convey, all which
they did convey in full and absolute property without
reservation or condition, other than that the lands
should be common fund from which every State then
m existence and every State which should be thereat
Ter formed should derive benefit IN proportion TO The
share of such State in the general charge and expendi
ture of the common Government, these positions
TO be effectively Abandoned and the same conclusion
as to ile constitutional power oil Congress to make The
distribution is attempted TO be sustained upon another
ground altogether
on itself i'm the second clause of the third section OF the
fourth article has expressly conferred the power. The
clause Of the Constitution here referred to- is in the toll
lowing words
'e Congress shall haze 10 dispose of and make all
ncr rules and regulations respecting territory other proper
Is belonging TO The T. s. and nothing III this Constitution shall be
construed ~ prejudice any claims oi Tue u - o vi any
If the power here conferred upon Congress "to dis
pose Of the territory other property belonging 10 the
IT, S. extends any further than power 10 dispose 81
o pay the debts and provide fnr the common defence
and general welfare of the u s. rs Mr.. w. insisted II
did not, then it power wholly without constitu-
tona limit restctIon and the open and unrestraih'
ed discretion and will OF Congress must be held 10 oe
the constitutional rule for the disposition OF all the Ter
rtory md all the other property belonging TO The u D
For If gentlemen were prepared 10 assume this broad
and omen rule of construction to the "territory,
the lands they must not forget or overlook the tact
hat the text of the Constitution puts all other pro-
perty belonging to the u s. upon the same foo'ing
and grants precisely the power It as over the
terriiorv The grant of power TO dispose OF " the
fr;i,ory and othtr property belonging to the IT, 81
To make nil nesdat raes and regulations respecting
the territory and other property belonging TO the ..
1t was impossible TO separate the application OF 'he
orant so MS TO give it different scope and force, when
anpIed TO the .errtory" from what it must also re-
ce,ye when applied to " the other property. Boih
yer included in the clause, surrounded by the
same language and consttuonay subject to the same
disposition.
/: this construction Of powers is now to be adopt
ed we must resort reading Of the ls clause OF
tie 9Th section of the LIST article OF The Constitution be-
fore referred to- as the power of Congress VIII no longer
be sto Law and collect taxes duties, imposs and ex
cses 10 pay the debts and provide for the common de-
fsnce and peneral welfare of the United States, as
our oldfashoned fathers have supposed, but 1t VIII be
to lay and collect taxes, duties, impos's and eScses,
that the money thus drawn from the people may be
disposed of according the discretion and pleasure Of
Congress.
Another power in the Constitution has been referred
TO as illustrative of the absence of limitation to many OF
the most important of those powers is to be found
in the I'd clause of the 9Th section of the LIST article
and is in the following words:
"Te Congress shall power-o borrow money on the ere
dit of the L. 50 l.,
Here, it is said is most important power expressly
conferred, and wholly without mitaon' restriction OF
condition. Is it by fair construction and in'ef
petation The power to lay and collect axes IS tx
rowing money on the credit of the u. States and will
any one seriously contend that Congress possesses
the OF the money