Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1842-05-07

tanned my propositions that the Constitutl,n owe.
unrestricted power To Congress to disclose ut the
pubic lands; and that Tie Construction has been
recognised as orthodox By the action of the Gov
erntaent, from ~ foundation TO the present time
10 which wi! add, tia: IN one Instance has
the Supreme Court Of the United States decided
against the consntutionaity of these laws; and
that upon the cOnstItutienai!ty Of the unresirIc-
ted right of disposal Of The public lands the
validity of all The grants that have been made to
States and individuals for all the various purpos-
es Indicated IN the several acts; and say Sen
ators from States who have received these grants.
that they can only be sustained upon the consti-
'.'i~.a~i -'~-~s hist. H. presented. And |
now call upon them to stand firm for The cons l.
tutional power, snbiect alone to Congress ionai
discretion, or every graft they have received IS
Jeoparded IN these DAYS OF constitutional refne
ments and metaph ysical absIractionS
Let proceed, Mr.. President TO take
some notice of the legislative resolves of South
Carolina aud Alabama, both Of which deny, in
terms, the consItutionaiitv Of the of the last
session provo ding for the GistrIbItion. These re-
solves were alluded to by the Senator from New
York with ev gdent satisfaction First, m relation
to the resolves. Of South Carolina | answer these
resolves. in the fist place. by The constitutional
argument which have submitted on The general
question; answer her revolves, in the second
place. wI:h the opinion Of one of her ahlest sons
aud soundest constitutional lawyers, the late Gen
llaNGe. In the debate on the land distribution
moved 10 strike out the words which provided
tor the distribution Of the proceeds mong the
several States. lie admitted tie perfect pO1rer
Of Congress 10 legtsiate on the subject, hut he
was opposed to donations Of money to the States
and desired to have some general and equitable
system adopted for The disposition of the public
Itnds." Here direct and unconditional
recognition, on the part OF that distinguished son
OF South Carolina. while representing her so ably
IN the Senate, OF the constitutional power Of Con
gress to make disposition oI public lands; or, in
the stronger language Of Gen. Hayne, "THE PER-
Feet POWER CT CONGRESS- over the sIhect,-
though he opposed the particular disposition
named. In the next place | answer the resolves
by referring to the ACTS Of her present dstin>
gulshed Senator, (Nr. CALHoUN,) involving, as
have already said, precisely the same principles
OF constitutional construction. Wais ing the vote
Of that Senator IN favor Of deposite, IN the year
i53S, Of the surplus revenue. which every ono
knows was the mt product Of the sales of the
pubic lands and the revenue derv ed from i'm
posts say, waving these facts, and tho arrl-
ment growing out of them, | como to a period
where there was surplus to be distributed, and
when the constitutional question not 20 be
merged III one of the mere deposites of surplus
revenue. On the 3 Of January, l. 49, Mr. Cal.
houn asked and obtained leave to bring IN ga bin
to ccde the public lands within the limits Of the
new States. on certain conditions" | viii not
DC tain the Senate bv reading the whole bill but
VIII content himself with two extracts which are
directly in point: s'All lands that may have been
offered at public sale, and remaining unsold thir-
" years or upwards preceding the said thirtieth
day of June, eighteen hundred and f0rty.two-
shall be cedcd Immediately to the State in which
said lands are situated. That all lands
Of the United States within tho limits Of the
State Of Tennessee. with the exceptions enumer.
ated IN the first section Of this act, shall be- and
the same hereby, coded to said State These
direct, unconditional cessions. without c0nsidera
n AL no nt,hI lie in
the States subject to private entry, will be
found in the progress of the land sales. The Sen
atnr, representing the constitutional views OF
South Carolina, IN those provisions decided-what?
Why, that Congres had the power, under The Con
stiutlon, to grant the entire public domain TO the
States; for power to cede one half is 2 power
over the whoIe-a point which will not he ser- 7
ousiy confroverted. What else? Why, that the
public lands do not stard upon the same constitu-
tional basis imPoss duties do, as 4 power TO
grant those duties TO the States, for other than
national purposes, has never been claimed by any
ono.
Mr.. CALHOUN. VIII tho Senator read the
balance Of the bi21
would be pleased TO gratHy The Senator, but
the bill Is lengthy, and | have not the time 10
spare; still viii read the first section for his
Here Mr.. s. read the section Does not the
Senator perceive that the section have read
only sinks him deeper upon The constitutional
question? The sectIrn surrendered the entire
charge of the public domain, as well rs the proP-
erty 10 The same, to the States in which 1t lies,
upon CONDITIONS among which is that Of payment.
on the part of the State. 10 the General Govern .
ment, OF fifty per of the gross amount ot the
sales Now let me ask the Senator, IN all good
feeling. whether Congress has The power 10 sur
render to a State the custom houses in her ports,
upon condition that such State would pay into
the Treasury n stipulated share Of the proceeds
of the imposts? The Senate will bear IN mud
that am now speaking Of the consr'niionah'y
Of these propositions aud not OF their expectancy
| expressed M views at large upon the bull OF
the Senator from South Carolina at a former se5-
sion. Then. sir. assert that The REPRESENTATIVES
Of South Carolina, by these acts, affirmed al the
doctrines involved 10 the dIstrlba-
lion act; and present them as a complete an
swer TO the resolutions. Il may not be amiss
for me here to remark that the bill Of the South