Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-03-19
LEGISLATURE OF VIRGINIA.
DEFERRED DEB.7TE.
SPEECH or MIR. HOLLaDAY,

Ht SehlfHah rom Cumberland, and tile substitute
which lie himself had proposed for it, threw open for
discussion the whole subject of Distribution A SUBJ
lect OF greater Importance had but rarely been.pre
scented to the House. For, whether viewed grave
question OF constitutional law, (Which 1t undoubtedly
was,) or as question of State policy. of mere poll
tical expediency-whether viewed as financial qnes
ton, or as affecting the relations Of the general
and State Goyernments-iH. any, and in every as
pect, 1t was entitled 10 the most serious and de-
iberaie consideration of the House. The proper
disposition oil the public domain, including not only
the public lands lying within the limits of the new
States, and The Territories which Congress has
established territorial Governments but including
also that vast and immense region which stretches out
from essssour 10 the Rocky Mountains, and from the
Rocky Mountains To the Pacific ocean; containing
than To,0OOOj0 Of of land, much Of it OF great
fertility capable OF supporting immense population,
aia Oh being IN itself great empire the proper dspo
sition of all this indeed great mighty question.
1t was question, the decision of which not d.
reciy submitted to that llonse, but TO the Congress Of
the I. 5; nevertheless Virginia had deep nteres;
in II, and might perhaps through her Legislature,
erclse an important influence over it,
Mr. II. SAID he scarcely expected to interest The
House much BY what lie had to say, for the subject
somewhat trte, having been deliberately discussed else
where lie would make no vain attempt ut dspoy-
no studied effort at oratory-( IAN effort in which he knew
he must fail, if attempted)- but he should endeavor 10
shew, in plain terms he could why the Distrbu-
ton law of the Extra Session ought not in his judy
ment, to receive the appreciation aud support OF Vlr
gina. If, like lis friends, he could think the mca-
sure in accordance with the CONSTITUTIONAL he could
think 1t wise IN policy, promotive OF the interests OF
the country, and that ii would give relief TO the States,
no one would vote TO susain it more cheerfully than
he would. But, believing he did, that it was I'M
warranted by the Consttuton-thai it was not sound
policy TO distribute this fund TO the States, while the Fe
dera Treasury deficient in means TO meet the expen-
dtures of the Government; that it war with the
ofthe tariff and again open the unhappy tarfconrover
sy; that its tendency was to consolidation Of power IN
the General Government, 10 make the State Govern
ments look 10 the Federal Treasury for their revenues,
and thus render them dependent upon its bounty; be-
evlng all this, lie should oppose the Distribution
policy in every fair mode in which he could hope to
render opposition etectual.
The gentleman from Cumberland, proposed TO IN
struct the Committee on Finance 10 bring IN
bill to appoln, an agent 10 receive Virgina's pro-
portion of the Distribution fund. Ills (ar. liol-
aday ~ resolution not looking In It's reception pro-
posed 10 declare the Distribution law unconstitu.
tlonal and incxpedIent unwarrancd by the condition
Of the Treasury, and necessarily leading TO an increase
Of the tariff aud TO instruct our Senators in Congress
10 vote for. and endeavur TO procure lis repeal The
question was Low pending between these Two compel
ing propositions.
What, asked Mr.. H. is This Distribution law: 1t
directs that The proceeds OF the public lands, sold nlter
The Isl Of January, l-i2, (ater making certain dednc
o.s from tl.) shall be distributed among the States
and Territories of the Union. and the District Of
Columbia, according 10 their Federal representative
population. The deductions to be made from the gross
proceeds are the following First, per cent. on the
proceeds Of sales within their limits tn be paid to the
new States, under the compacts by which they enter
the Union Second, the current costs OF bringing The
lands into market and selling them. And thirdly, l0
per cent on the nett proceeds of The lands sold within
their limits be paid tn the States respectively
after these deductons the nett balance to be distributed
before Stated The law also gives 10 each one OF the
new States 800 400 of the public lands TO be
iected from any lands within their several limits open 10
entry; or 50 much will, with what they have here
tolore received-make 100000 acres TO each OF hefn
to be appropriated 10 works Of internal improvement
Where asked Mr.. ~ shall we find the author
ry in the Constitution, TO make this disposition OF the
public lands' For widely US we may differ IN opinion
the true construction OF The Constitution no one
he presumed would take the ground that either the
General Government, or any department oil ii, could
lawfully exercise any power, unless 1t was conferred
by the Constitution. All the powers of that Govern
ment were delegated powers, delegated by the Consti
tuition. lis great characteristic was, that it was o
Government Of limited, delegated powers. Where
vas the clause in the Constitution, which confer
red on Congress the power to distribute money 10
the Stncs' Certainly there specific grant
of mower either distribute money from the Treasury
generally 10 distribute the proceeds OF the sales OF
the nublic lands particularly. Would this power be
deduced from the exploded doctrine that Congress may
enact any law whatever which it may deem for the
general welfare or, TO narrow the position, that ton-
gress may make any Appropriation 81 money wn.ch II
nav deem conducive TO the general welfare: Mr.. ~
denied that Congress had the power asserted IN t's
distribution law He denied that it had the power TO
d;strbute TO the States the fund derived from from the
pubc lands; and he maintained that 1t the und derived
from that source could he distributed equally might
distribution be made of public money derived from any
other source
This mower IS claimed for, in the discussion OF this
subiec The institutional question IS naturally iirst IN
order rs il must by all be admitted to be first IN i'm
por,ance :.
In the first place, this power of Distribution IS
claimed nndcr the deeds Of cesson, by which the Union
acquired title to large portion Of the public lands
bs claim he thought, would not bear the test OF exa
p,;nntion By some it is held, that the conpacts be
tween the States and the Unon contained IN tue deeds
of cesson executed before the adoption OF the Constr
,,on are not now binding on the Government OF Inc
limited States. These deeds contained compacfs be-
tween the States which executed them, and the con-
federation: and these same States, (as well those
which exec uted the deeds, those which were mem
hers of the confederation, and accepted hem) having
since united in adopting the Constitution, The pro-
visions of the Constitution thus adopted must, II Is ar
mod sunerccde the compacts in the deeds OF cesson
II This be ST. there remains prcence OF rght 10 ds
tribute the land fund under the deeds of cess'on bu'
Inc did not concur in the argument "hch mus SCI
aside the Obligation OF The deeas Q, cess'o,.. ~ W.
that since the adoption of the Constitution to that
instrument, and TO that alone must we look for the
powers of the General Government But according
r. his reading of the Constitutions il expressly recog
nzed the obligation of The compacts in the deeds OF
cess;on 1t is expressly provided in the first clause
Of the 9Th article of the Constitution, that call debts
contracted, and engagements entered into before the
odn,,;on of this Constitution shall be valid against
the United States under this Constitution under the
confederation The States of n. York, Virginia, Con-
nectcut, Massachusetts, and South Carolina, having
made cessons of lands the Confederation on the terms
and conditions contained in their respective deeds; ana
the Confederation having accepted them on these terms
and conditions thereby entered into engagements WIN
these States 10 dispose of the lands thus coded on tue
terms and for the purposes specified in The dsrds
These were surely engagements binding on the 1onie
dera,ion; and if So under the article OF the Cons''ln
lion Just referred TO- they equally obligatory on Inc
U. States From this view Of the subject, he thought
the compacts the deeds of cession still obligatory upon
the United States.
Let us then (said Mr. H. look into these deeds Of
cesson to see for what purpose the lanes were ceoen