Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1843-03-21
COMMUNICATIONS.
FUN TIE E.' VCIN-H
TO THE PEOPLE or vIRGiNiA-No. III.
Tie D;stribntiou Po!i.v.

IN Tue ADDRESS OF the Republican Convention OF "a
February, lol2, this question was discussed, with the
coKprehensiVeness, elegance and force. Tor when lis
author, John 4. Holaday,) whose un;imely loss his
country mourns, was distinguished Ii was the great
issue, at our last Spring elections
The Wings IN the recent weak and unsatisfactory Ad-
dress OF their State Convention have laid much stress
upon ths question-and il would seem, from other
signs OF the times that they intend again raise the
issue before the People Of "uoney or no money! We
can supply no argument which completely puts the
question IN SO satisfactory paint of view, and IN go
small com?asa as the extract from the Address ot our
State Convention of Sf2-and we therefore lay 1t nt
once before the Prcp!2 OF Virginia
"Bat the distribution Law itof which cur Senators
voeo, rs re heieve, IN opposition to tie sill of Ni1gI
may demands our more particular attention. Let rs
examine l's provisions: LIST it ewes each Of the
States so much land with VIA. thcy have respect
lively heretofore received, will make 50uG00 acres 10
be selected the States may choose from any lands
;ti'a their respective limits open entry the proceeds
to be applied TO works Of internal improvement
sgd 1t gives to each one Of the States (oyer and
above what they entitled 10 bv the terms OF their
admission into the Unon) per the pro-
ceeds Of the sales of the public lands within their
specive limits.
"3d 1t directs the nett proceeds &C. The sales of all
the public lands (aier Geduc,ing the costs OF selling
them, what IS due By compacts the new States and
the ten per cent aforesaid allowed to The new Slalas
10 be divided among the twcGtysIg States of the Union"
the District of Columbia, and the Territories OF WIS.
coasn, Iowa and Florida. according 10 their Federal
representative population, ascerianed by the last
census to be applied The State Legislature may dl-
rect
HAS Congress the constitutional authority 10 make
this disposition Of this fuId is it wise 10 make IT.,
supposng the power TO exist We utterly DENY both
propositions. The public lands are derived iroin two
sources: Voluntary cessons made by the States 10
the Union; and purchases of territory, made with the
common treasure OF the Union. The cessoDs made by
shaS fatao lo
l'sh the credit, and strengthen the resources OF the
Union; IN Fact to ensure and establish the Union IL
self The lands ceded TO be disposed of for the
common benefit OF The States composing the Union no.
as separate States, but as Union. Yet Congress, by
this distribution law, undertakes 10 parcel o., he pro.
ceeGs to the States, and make tint the separate proper
y o caci which the deeds Of cession make the common
property OF The Union The deed of cess,on from Vr
gina provides, that the lands she ceded sould be
sidcred fund, for The and benefit OF such
of the U as had become, or should become members
ofthe Confederacy, Virginia inclusive, according their
usual respectt1e proportions the general charye and
expenditure and should be faithfully applied to that
purpose, and for no other use purpose whateDer"
The other deeds of cession substantially correspond
with that Of Virginia. On these terms, the old con-
federation accepted these llnds and thereby ENGAGED
dispose of them the mode specified in the deeds of
This compact still binding the Fede raj
Governments because, by the first secliun OF the fifth
article Of the Constitution Of the United States il
distinctly and expressly provided, that tall debts
contacted, and tncagtmeats entered into before the
adoption Of this Constitution, shall be valid against
the United States under this Constitution as under
the Confederation" Such thing as this distribution
OF the proceeds Of the lands thought Of IN
the earlier days Of the republic 1t is an invention
OF latter days Under the Confederation, the States
contributed 10 the Treasury Of the Union through
acquisitions made on them by Congressman as
the Union needed all the it could obtain the
States also freely contributed their vacant lands Now
it seems the rule is TO be reversed and the Federal Go
vernment is to contribute to The support of the State
treasures Bot the ceded lands, being intended for
the support of the Union TO be considered
common fund.- for the and benefit OF the States Of
the Union, according to their usual and respective
proportions in the general charge and expenditure
Nav what is The usual and respective proportion OF
the several States in the general charge and expend
ture: The revenue is manly paid in The form Of in
direct taxes and is therefore utterly impossible 10
tell with accuracy, in what proportions it is paid by
the several States. The only possible mode in which
this fund be applied as TO come up to the letter
and the spirit Of the compact, IS to appropriate 1t TO
defray the Legitimate expenditures of Government 1t
will then diminish the amount OF taxes TO be paid by
the citizens Of the several States, by the amount of the
fund, whatever it may be. When so applied it dImn-
shes rateably the proportion which each State has to
contribute 10 the general charge and expenditure, and
heneittng each in that proportion, exactly ulllls the
comracts between the States and the Union.
"But if Congress distribute this fund derived
from the coded lands ALL by what right do they give
dividend 10 the territories, and the Disric! OF Co.
umbla: They are not mentioned in the deeds of ces
SION. By what right do they give 5oU,0C0 acres of
land 10 each of the States to the pre- udce OF The
old States, and by what right do they first give per
cent on the proceeds Of sales TO the States, and
then give them equal dividend in what remains:-
These inequalities are utterly at war with the terms
and the spirit of the deeds o. cesson.
RI, f,,J - I,ir nrpr
that clause Of the Constitution, which provides, tha.
Conrress shall have power 10 dispose Of, and make all
reedfri rules and regulations, respecting Inc lef!oFy
and ,;hef property, belonging to the u States MS
clguse OF the Constitution apn'ies rot 70 tic iancs
alone hui 10 81 The property OF the L. States. Il seems
therefore, unnecessary consider whether Congress
has cy create pa:ser the proceeds Of the Lands
" i,cn wrr. purchased with none? iaaen out OF The
Treasury ,Ean i; hld over The money with whcE they
" ere purchased The authority over both is believed TO
b. The samr-for, if Congress can rasH money by tag.
inp the people, with that money buy lands, then sell
the lands and distribute the proceeds, cannot per-
ceive nhy they may not just @e distribute tie no
ncy out of the treasury at once, without going through
this circui,ous process, TO get the power In fact,
those who claim the power Of distributions nncer tins
clause of tie Constitution, claim for Congress IN an
limited power of disposition the whole of the pro
perry of the u S.: not the lands alone, but over
,he navy hc arsenals the military Stores tie capitol
itself and the pnbic Nancy in the treasury, however
il NAV have been raised Such claim OF power IL
startling. III; be valid claim, it sets at nough every
practical limitation The powers of The Genera! 90.
vernren, and destroys It's great leading characteristics;
viz tina, achievement of limited, delegated pow
ers There is no limitation TO the power OF Congress
to raise money, except in the objects to which the
money may be appropriated. This construction takes
away all limit to the objects of appropriation And
then we have q Government with unlimited power to
raise money, and without limit as TO the objects to
which il may be appropriated The money power is IN
modern times the great power which controls all other
powers and if this unlimited money power does re.
u!ly belong TO the General Government, it wi soon
set all other limitations Of power at defiance. Like
Aaron rod, it will swallow up all the rest Such
construction cannot be admitted for moment II can
find lis parallel only in the exploded doctrine OF The
general welfare We deny that Congress has any
greater powet over the fund derived from TIE public
lands, than over other revenue; and we mold WIN
Mad,sons Report Of 1920 and 1900, that, whenever
n,onty has been raised bs the general authority and
is to be applied TO particular measure, qnesii"n
arises whether the be within The enumerated
authorities vested in Congress. If it be- the money
requisite for it may be applied 10 it. il It be not, no
such appropriation be made This IS The true u
imitation on the money power, the power OF aPproPa
ton; and without it, vain indeed all other limita-
tons on the powers of Congress. Let no man who