Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-04-04
EOR TIE k.NQrL1rn

rIous titles, ana were acquired at cisren times In
examining the powers of Congress the proceeds ~
their sales ref renee must be had the mode &C =,
qnsitioo and the sources from which the titles are 40
rived To illustrate THIS, it is necessary 10 refer In an
egry period OF our political history.
The boundary and limits of the territory Of the T.
States have been very much enlarged since the adoo
ton OF the Constitution. BY the treaty OF peace syn
ed at PARIS, 1853, the United States extended only 10 h
Missssipp the West, the lakes on the N,r,b
and LOUISIANA and Florida The South That tre.tc
ratified by Congress and the States seyerally .
Whatever might have been the extent of territory
claimed by the States under their colonial charters thew
respectively renqulshed all not embraced within me
treaty limits by the ratification OF the treaty Thay
abandoned all title 20 that vast domain Vest OF M
Mississippi river, and they claimed Florida @,
Louisiana the East The whole Of Louisiana. and
all West Of tie Mssissppi RIVER, was purchased (faa
France in 1903 Florida purchased from So.,,
in lSl1. Neither the separate States The Gene
raj Government possessed n shadow of TIL, I, 9,
Their Of hese, previous to the purchases from Franco
and Spain. The Government of the United SAT-,
acquired all these lands by purchase, without The IT,
PREVENTION of any STATE, and paid for them of the
Treasury of The nation. No Stale claimed any t,,a
TO them before their purchase ard they are held as all
other purchased property of the Union The public
lands lyng within the original boundary. as set,
tied in the treaty of Paris, 1881 the proper
~ OF the Stses and coded TO the United States
by the several States laying claim thereto But Il
must be remembered that these deeds of cession con-
veyed to the United States of the public lands
West of the Mississippi, or in Florida or Louisiana
This broad distinction between the public de aequif.
ed by purchase from France and Spain and those held
under DEEDS " csSSoR from the several States mus.
not be overlooked. Having pointed out the mode IN
winch the Cned States becsine entitled lis public
domain, the important question arises what are the
powers OF Congress over the money arising from lis
sale? The only clause Of the Constitution which re-
fers 10 The public lands gives Congress sthe power 10
If
respecting the territory and other property belong
ing to the United States Under this clause Con.
gress sell It's public lands other property shos
arsenals, &c, aud convert them into money Blu,
what are lis powers over that money! II we'll known
that nine tenths of the lands were purchased and pad
for cut of ths Treasury of the Union and no,
tenth Of the unsod public lands were ced,d BIZ the
States. Previous 10 lc03 the date of the purchase Of
Louisiana, not a hall million of dollars had been r..
cevsj into the Treasury from the sale of the csded
lands The purchase money pad on; OF revenue col
ected from the taxes duties and Epos,s and the various
sources Of revenue Of the Government From these
faci il is clear, tina, the purchased lands bair
ed By investing III III 'ney of the Treasury in lands
When these lands sha! he again sold, tie money ar.
ing from such sales Will return into the Treasury still
subject to the limitations money arising trom taxes
and duties. By converting the into lands md
those lands again into money, the powers Of Congress
cannot thereby be enlarged for, # they enar,cd
their power over the revenue would be unlimited -
They would only have to raise by taxes and
duties and invest IT IN lands, to acquire unlimited pow
er the proceeds Whatever the various forms o.
shapes the money arising from and duties may be
made 10 assume whether 1t shall be lad GU, the pur
chase of lands bank stock ships arms when that pro
pery again sold and converted into money, the power
of Congress over that money remains the same-neher
enlarged nor more restricted by the operation Gould
Congress distribute the money received from sale OF lis
bank stock old ships arms other property, among The
States: They acquired by purchase IN the
manner, by the same kind OF revenue the lands
were. If distributor can be constoonaly made IN
one, it can also in the other cases. different con
s,ruction of the Constitution would enable Congress
assume unlimited powers in raising and expendng
money and would lead TO conclusions absurd and re-
suits the dangerous and alarming TO the friends
OF strict construction OF the Constitution. What,
then are lis powers money arising from duties and
taxes sales of land purchased BY the revenue from
duties and axes' The clause Of the Constitution
explicit, and lis construction has long since been set
ted "ConGreSs shall have power 10 lay and collect
taxes duties, mposts aud e2clses, 10 Pay the dtS Of
the United States and provide for The common defence
and general welfare. THIS grant Of power
ferred for the specific objects enumerated, and for
other purposes. 1t not grant OF unlimited and uii
horty 10 raise money for any Obj ects aud purposes
Such construction would make the Government the
most despotc on earth. To admit the power IN Con
Of unlimited donation and expsnGt-
lures is TO place at its disposal the private property CT
every citizen of the Union
We should hold our property by tenure of the mer
cy of the General Government not from our State
Governments subject TO The unchecked legislation OF
Congress. This absurdty none will advocate Then
where are the limitations 10 taxation and expenditure
They are confined to the specific objects and puf.
poses enumerated in the Constitution, and for which
objects the Government established
The Government surely not framed TO lay ard
collect taxes, sell lands Tor distribution smong The
States. There IS clause Of the Constitution, that
can be tortured mic grant Of specific power TO appro
pirate money among the States, to be expended they
deem best The landed property of the Union, acqu.
ed by purchase, not held differently from lis other
property. II was acquired by the and PM
chased with The same description Of money. II lands
can be sold for distribution, ships and other pro-
pcrty. The mere sale creates additional authority
and coniers greater powers the property
ney arising from lis sale. Hence if The power exssio
distribute the money arising from Tie Saie Of lands
ships, Sc the like power must necessarily DIS
tribute them before sale II is unnecessary to portray
the alarming dangers or the strange spectacle OF
partition OF the lands, ships, arms arsenuls and other
property OF The Union among the States Yet such an
exhibition is equally consistent with the provisions o
the Constitution, and just as much in unison with tie
purposes of the Government. If they can be d,slri.
bued, no clause of the Constitution requires Just or
equal distribution They may be apportioned among
the States or their citizens by any arbitrary rule Cor
gress may adopt Tins IL proven by the past action Of
Congress and IS not left to conjecture.
Inc DisplouloH law OF congress not only cllImef
but exercised the power OF unjn and arbitrary div
'ions of public property, by giving: lst, five HUNDRED
thousand acres of land to each OF the States -
one enth of the nett proceeds Of the sales Of the ba
lnce within their respective limits to the same SAFE.
and then, equal share Of the residue of The saes
with the old States Why did the law stopat the half
million Of acres and one-;enth of the money W
other reason, excep: glaring and papable violation Of
all just aud equal principles, regards the old States
and an alarming attempt 20 gam support by holding oGi
q bT5e 10 the new. Thus illustrated the dangerous
exercise OF arbitrary power commenced by Tie y'o''
ton OF the Constitution, and consummated IN Iniony
by purchasing support with ~ unfair part on Of TIE
public money. We are called upon, not only To sui
nit 10 this violation OF the Constitution but to sanc on
this precedent of unfair and unequal appropraonioi
all future time.
The objections TO distribution Of the proceeds Of the
purchased lands, apply with equal force To d.slfhu.
ton OF the proceeds OF the tedd ltnds The deeds oi
cession were not intended 10 cnatge bu, 10 restrict TIE
powers Of Congress; to prohibit Congress from ma6'rg
any nher disp ,sit'on, than for the use daa
benefit Of the taited Sat-s in prrporfi9a 10 hs usual
charges and eJpeadtorr ami jvr utter purpose
whatsoever Even Cong holds the lands - TINS
lee under the deeds of ccsson must conform 10 the
provisions Of the deeds the disposition of the iard'