Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-03-19

s
tions on the powers of the Government If 1t has tins
unlimited money power. For, in modern times, the mo,
rev mower is the rrca mas:c. by which tie world
i, regulated and controlled.
The power of disposition over the territory ava u'uc'
property of the u S conferred by Tins clause OF ts
Constitution, is such power only aS rs conpauDIe WIN
the limitations imposed hy tie Constitution on the
Government mower To sell the lands, and apply
the proceeds as it apply its other property iof
the purposes specified in the CONSTITUTIONS |" pay
the debts aud dctray the necessary expenses Oh me
Government The trnc rule Of construction IS gl-
van he A. Madison III the report OF l1.9 aud lcU0,
where he saws: sWhenever therefore, money mas oeen
raised BY the general authority and is to ee apPeo 10
a particular measure, question afises ""euiei 'ie
particular measure be within the enumerated aulhoi''
lies vested in Congress- Ii It be- the money requisite
for may be applied to IT. II 1t be not, no such aPP'"
ton be made. =.
1t is contended by some, that the Constitution az"
not authorize the purchase OF LOUISIANA ana iorda'
and they acquired by violation oil the Coh'
sttuon the best and most equitable disposition winch
can be made of them, distribute iher Proceeus 10
the States even though the Constitution gives no au
thori;y TO distribute Mr.. II SAID we knew the consul
tutionalty of the acquisition of LOUISIANA and forua
had been questioned on high authority II was ques-
ton which he did not then mean to argue, or even 10
express an opinion on But the power had been exer-
csed and sanctioned by the appreciation al 'he country
The United States possession oil the ahos ana
had to decide what should be done with them lie
W
tanned by violation Of the Constitution, (supposlng
for arguments sake that it so could give the 20
vernment any greater authority over them lah IL hao
other property The fact is, we have The property
and ought to be treated as other property, the Io
vernment exercising over it exactly the same power
and no more than it lawfully exercise over It's
other property Were il OTHERWISE one violation OF the
Constitution would but give rise 10 another The po-
sition that " bat the Government has obtained with
out constitutional authority, II may dispose OF without
Limit from tha nt,nn har puli NOT
These lands were bought with the common treasure
Of the United States. The money with which they
purchased paid by the people and principally
in the form of duties imports If It be admitted
that the Government has right to lay taxes to bring
money into The Treasury for Distribution, (and lie sup
posed all would admit ~ is at ali more legitimate 10
raise money by taxation, with The money ouy iahos,
then sell the lands, and distribute the proceeds IL
this be done, land it is the very process by wh'ch
the Louisiana and Florida lands were acquired, and
these proceeds now d;strbuted,) why not just as well
distribute the money from the Treasury in the begin
ming without gong through this ctrcuous process 10
get the power, and making the Government OF the I.
States speculator in lands for the beneht OF lhe
States If these lands bought without authority
from the Constitution for the purchase, they ought now
10 be appropriated to the same purposes, and TO none
other, 10 which Congress might have lawfully appedihe
money with which they were bought VIZ the purposes
specified in the Constitution But II the object was 10
dispose of the lands, to benefit the States exactly
in the proportions in which they contributed the mo-
ney with winch they were bought it would be most
eecually done BY bringing the proceeds into the ifea
sury TO lessen the burthens of Federal taxation on the
States The money with which they were bought, ha-
wing been paid in duties imports, could tel!
what portion of it paid BY Virginia. or by any other
State, had been before shown and no ratio OF DIS
trbuton can be certainly ascertaned 10 do justice to
the States. Any which might be adopted, would he
but guess work BY applying the fund 10 dimnsh the
Federal taxes which would have to be paid by the peo-
pie OF the States each State would be benefited IN the
same proportion which it bears the public bnrtiens,
and in which it contributed 10 raise the money with
which they bought: and thus aone would justice
be done TO all
But (said Mr. H. If the proceeds of the public lands
can be distributed constitutionally (Which he had
deavored to shew they could no yet nothing could be
claimed for distribution but the nett proceeds 1t would
not be pretended that there any principle IN the
Constitution, any principle OF law, equity or justice
which requires the Government 10 buy these lands,
extincush the Indian titles bear all the cost Of bring
ing them into market and selling them, and then to DIS
tribute the gross proceeds OF sale to the States Snch
proposition monstrous TO be advanced. In as
certanng the nett proceeds, all those expenses ought
TO be deducted which must necessarily have been IN.
CURED get title TO and possession of the lands, to
hold and MAINTAIN that possession and title, ana TO
bring them into market and sell them. Mr.. H. said
he would on tins point avail himself Of the labors OF
MIR Sllas Wright, the able and distinguished Senator
from n York, who had in speech delivered in the Sc
nate on the 9th January, leil, given comparative
statement of these expenses account Of and Of the
gross proceeds of the sales of the public lands up
the Both September 1889, obtained by him, from ''the
records in the archives OF the country.
The gross receipts from the proceeds OF pubic lands
sold up to 30th Sept, 1889, were SllGI9S,l19 10
Actual cost of the public domain 10 the
Treasury, up TO the same date, l3o,0oo,22o ii