Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-03-26
VIRGINIA LEGISLATURE.

SPEECH or MR, IRVING or CrMuERIASD,
De,rered ia lie HouSeoj DeegateS, Hursday .uQrc !,
On the Resolution proposed by him Instructing the
Committee on Finance 10 introduce bill for the mp
pointlnent OF agent to the quota Of Viz
gina under the Distribution law, together with the
amendment offered thereto by Mr.. ioLLADAY, IN
stucting Senators 10 vote for repeal OF the law
Mr. IRVING said he could not expect to command
the undivided attention al The House at THIS late hour
Of the day and is present exhausted condition: yet,
If they would give hn their attention Tor snort tame,
he would endeavor 70 reply, successfully To the Grgu-
uts so zealously pressed upon their consideration by
the gentleman from LOUIS (lr llolladay) In my re-
marks SAID he, shall toslow the course indicated by
that gentleman, aud shall consider both the const
tu,lonaiity and eSpediency Of the Distribution law,
though do not admit that the resolution Which had
the honor Of submitting all brings consideration
the consttutona!ty or eXpedicmcy OF THAI law Tor, II
siply proposed that OF the standing committees OF
the House should bring bill providing Tor the receipt
of that portion OF the public lands winch mlght become
due to Virginia under tue operation Of the law Lately
passed by Congress. TINS simple resolution, IN 10
manner brought before the House The merits or de-
merits Of the Distribution lew, lnasmuch, however,
as the gentleman ffom Louisa has gone no the con-
stiu,onalty as veil the cXpedency OF the measure,
shall shrink from meeting the issue raised by that
gentleman but shall eGeavor 10 reply TO his arguments
and show both the consuona!iiy and eXpedency OF
ihe Law.
The power TO distribute the proceeds of the public
lands rested By its friends upon the deeds of cesson
executed BY the States, and upon the clause oil the
Constitution winch gives Congress the po%er 40 DIS
pose of md make all needtul rules and regulations
respecting the lands and ether property oil the L. >
viii first notice the argument Of the gentleman from
Louisa on this head II must be perceived that Ian.
ruape broader and unqualified could not have been
employed, and shall contend that, except So lar a.
that power is controvered by the deeds Of cess!or,
~ in tie discretion Of Congress 90 dispose Of them
such way as best conduce to the interest OF the Ame
n
,here IS no distinction between the right 10 dispose ot
the public lands and the right to dispose OF the revenue
derived from taxes, dntIes ana IMPORTS; that the words
"and other property includes tie revenue derived
from imports and tina; the power 10 distribute the pro-
ceeds of The sales -; he public lands necessarily III.
wolves the power 10 distribute all other lrYcmae.-I
The first article ct the eighth section % the Con-
st!tuton provides that congress shall have power
10 ay and collect taxes duties, Imposts aud excsts TO
pau the dsjs and pr0rid 0rh e common dteaco and &c
neral ,reitare OF the United States. Now, the clause
.to provide for tie ccl.noa defence a"d genera! vel
fare has not been considered, by those who maintain
that the Constitution should be construed strictly,
comforting Congress any power, but as lnlta-
ion upon the power oil laying taxes duties, mposs,
and excuses indeed limiting, in themselves any sre
cic grant OF power, b"t specifying the purposes Tor
which 'taIes duties, Ac should be lald-that - 10
!'pay the debts and proYde Tor tie defence and
general welfare Of the United States. Here, then, is
a Limitation upon the power 10 dispose Of the ordinary
revenue: but where IS any limitation 10 the power oi
Congress over the public lands and other property Of
the United States, Undoubtedly, there is acne, ex-
cept 80 far Is the deeds c cession may control Con
gress the matter. Suppose the gent!einans con-
.iruction this section be correct, that Tie words
"and other property embrace the ordinary revenue de-
rived from customs duties excuses and inposts would
b. withdrawn from clause OF the Constitution
which lints the power Of Congress it, and defines
The purposes To which Il should be applied and would
be subject clause oi the Constitution which con-
grant OF power unlimited as our language can
make it. Can be believed that the trainers OF our Con-
stilu,ion after specifying the mode in which Congress
raise revenue, wril the purposes for which 1t
should be raised, would have gone and IN subse
que article subjected the same subject 10 be disposed
of by Congress without any limitation: For my own
part hardly believe that the trainers q! the Con-
s,l,ution in comforting the power upon Congress oil
asposiag Of the Pubic Lands and other property,
meant 10 include the ordinary revenue derived from
customs, &c. Their object was 10 include ships, forts
docks, and any CHEZ pyopeTty that might belong 10 the
Governments and winch ii night be proper tor Con
gress 10 dispose Of But whether am rIght or wrong
IN nv constructions the words t'aud other proper
", have reference 10 the general revenues OF the
Government, entirely mmateria 10 the subject under
consideration. ii / am wrong, II follows that the right
dispose OF the ordinary 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 dis.
tincton between the Distribution of the proceeds Of the
sales of the public lands, and the ordinary revenue of
The Government, has conjuTcd up before nagi-
nations the dreadful consequences winch he suppoSes
s. result, from the admission OF the right Of Congress
u dispose Of the property OF the L. b lie says, 1t Con
.r,ss mad this power, 1t could accomplish any thing
Nit,,n the reach of money. He even suppoSes that
they might distribute ships of war, take the arms, sell
tie forts and distribute elr proceeds among the States
Al have say answer 10 these supposed cases OF
tie gentleman s that they extreme cases and night
happen: hut does the gentleman believe there any
dnner TO be a1prcheDdrd from tie abuse If the power
10 dispose of tie property OF The States. Dad the
gentleman thereby TO argue against the existence
81 a power, from the gGSSibtiHy ~ ITS a5HSep beg
hare 20 call his attention, Gas he 10 so much alarmed
81. the idea OF conceding THIS power Ia Congress-
to another article in the Constitution, IL which pow
ers stu more alarming expressly conferred up.
on Congress For instance, the power II "9ajsc and
support armies. it may under tins provision, an
army OF 900 0OJ men, well aS 10000 There IS no nl
tatoa 20 numbers Congress too has right 10 pro
vide and MAINTAIN navy. Il 5a1y therefore, under
this power cover your navi gable with ships
Congress can .decllfe war. II mag engage the cour.
try IN ruirous, oppressive, and unnecessary l.
man. for the purpose Of supporting Itself in The prose
cu;on of war. impose and oppressive taxes,
inposs and excuses upon the people Al ct these
powers are unques.ioned, even by the gentleman from
Louisa ard y,,, lac who looks with such co:lrasu:e
uoon these realty important powers, 'chsmeras
..ife' in concedng to Congress the right dispose
oil the property Of the United States
Is there cheek upon tins power: Is thete no
check in the fact that the Representatives, III Congress
are responsible people precisely the gentleman
from Louisa aud myself responsible 10 our consti
,.euss Is there any danger that the Representatives
or the people viii gre away the property OF theif con
sti,uen,s' The true check upon this power IS, that
Which hes al the bottom OF al Representative Govern
.ncnts-ths responsibility Of tie Representative 10 The
constituent body.
twin now endcaror to show that the right OF Con
press 10 dispose O; tie public lands as 1t may think nj
has tcaa sustained by every Administrator from Tie