The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1842-04-08

sducati ton, and such like objects, or it may be ex-
pended in delrayirg the current and ordinary ex-
penses Of lhei, Governments, or to meet any 9th
er appropriation their respective Legislatures may
choose TO make for any object whatever. lie GER
tanly will not deserve the Sou6riquet of" absirac-
tinnist" in constitutional construction, who is IL
bic to satisfy his mind that money thus Disposed
ofby Congress is money expended 10 provide
for the general welfare of the United States"
Mr. W. was aware that the deulonslrulve force
Of this argument had been attempted, upon former
occasions, to be avoided, by contendIng for dis
lincton, as to the power Of application, between
money in the Treasury being the proceeds of the
land sales, and money deri,ed from taxes, duties,
mpOsts, and excuses; and that this distinction was
sought to be sustained upon the following grounds
I. That the lands We're coded by several Of the
States to the United States for no valuable con
sidera,on, and therefore the proceeds ought equI-
tably to be returned to them, or the lands specl-
cally reconyeyed.
2, Tha, the ccssions Of the States were made
for a specific purpose, viz; the payment OF the debt
Of 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 buta very small fraction of the
lands now held by the United States, and remain
ing unsold, are within the bounds of the territory
coded by the States and tina, mole than nine tenhs,
and probably nlneteeu-twentiGths of the whole are
the lands purchased by the United States from
France and Spain, under the Louisiana and Florida
treaties, aud 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 so eliectna IN answer
to these positions as almost 10 have withdrawn
them from the recent arguments in favor OF this
policy of distribution.
And since it has been concusively shown, from
authentic public records, that the la dis uGaded
by the revenues derived from impost. would never
have paid the Revolutionary debt, if indeed they
would, up to this period, have betrayed the en-
penses incurred simply on their own account, that
debt is now annually being paid from the Treas
ury o! the Unlon, in the shape Of Revolutionary
pensions, in amounts quit equal to the ordinary
proceeds of the lands End that the deeds oIcesSlon
merely conveyed the sovereignty over the terrific
~, and the right to purchlse the Indian title, ha,
being all the States held Fnnd could convey, all
which they did convey in full and absolute prop
erly, without reservation or condition, other than
that the lands should be Il common fund from which
every State then IN existence, and every State
which should be thereafter formed should derive
benefit in proportion TO the share OF such State
in the general charge and expenditure ofh con-
mon Government, these positions seem to he ei-
feclively abandoned, and the same conclusion as
to the constitutional power Of Congress 10 make
the distribution is attempted to b, sustained upon
another ground altogether.
1t is now assumed aud contended that the Con-
stuton ITSELF in the second clause of the third Sec
ton Of the fourth article, has expressly conferred
the power. The clause of the Constitution, here
referred to is in the following words:
"Thc Congress shall have power To dispose of
and make all need!ul rules and regulations reSpec-
ting the territory or other property belonging 10
the United States and nothing in this Constitution
shall DO so cons ucod as to prejudice any cluins
oflhe United States, orof any particular State"
lfthe power here conferred upon Congress 10
dispose Of the territory or other property belong
ing to the United States, extends any further than
power TO dispose Of 10 pay the debts aud provide
Tor the common defence and general welfare olthe
United States" as Mr. w. insisted it did hot, then
it was power wholly without constitutional limit
or restriction; and the open and unres,iained dis
eae'l9n and will Of GC9Drsss mnst be heid to be
territory and all the other property belonging to
the United States. For if gentlemen were pre-.
pared to assume this broad and open rule Of con
sructon rs TO the territory" the lands, they
must not forget overlook the fact that the text
oflhe Constitution puts all &" other property be-
longing to the United States" upon the same foot
lug, and grants precisely the power over il as
over the territory. The grant Of power is TO dislO3e
of" the territory and othc, property belonging to
the United States: TO make all neeiiM rvles amt |
regulations respecting the icrriiOrU and otter |
property belonging TO the United States" TWAS |
impossible to separate the application Of the grant.
so as to give ii a different scope,and force when mp.
piled TO the "terrllory" from what it unst also
receive when applied 10 " the other propcry"-
Both were included in the same clause, surround
ed by the same language, and conslilutionalIy sub
ject to the same disposition.
u tins cOns,Iuc OF our powers Il now TO be-
adopted, we must resort To Il new reading Of The !s |
clause of the s,h section Of the LIST article Of the
Constitution before referred to, as the power Of
Congress will no longer be "io Ia, aud collect
taxes, duties, mposs and excuses, to pay the debts
md provide for the common defence aud general
welfare of the United Slues,' ms our old fashioned
fathers have supposed, but it will be to lay and
collect taxes, duties mposts and exciscs that the
money thus drawn from the people may be disp0s-
ed ofaccording to the discretion and pleasure Of
Congress.
Another power in the Constitution hns been re-
sTed to as illustrative of the absence Of limitation
~ ''""y VI 'he NIost HHpoIldHt OF lnnst powers
II Is to be found in the I'd clause Of the Slh section
Of the lst article, and in the following words:
1.-The Congress shall have pwer-to borrow
money on the credit Of the United States"
Here, it is said, is most important power ex-
pres.ly conferred, and wholly without limitation,
restriction. or condition.. Is it 50 by fair CONSTITUTE
I'm and interpretations The power 10 hay aud
colec! taxes Is expressly conferred To pay the debts
contracted by borrowing money on the credit Of
the United States; and will any one seriously con
lend that Congress possesses constitutional power
over the disposition Of the money borrowed, which
i would not possess over tie money collected from
axes to pay The debit That would be TO contend
hat Congress may extend the scope Of lis powers
II expenditure by making loans that it can do III
directly what II cannot do directly: that it may up.
by borrowed money to objects upon or for which
he Constitution prohibits The direct application of
he avaiIs of tax, and yet that it has the express
authority Of that same Constitution for Imposing
ax 70 repay that borrowed money. Will such
'lpabe evasions be insisted upon provisions of ;,
,ur glorious Constitution!