Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-02-13

yesneci;r, 1,roDorLion in the general charge ana
EXPENDITURE. and for no other use or purpose what
soeyer" The usual respective proportion was
the common ratio established between lhe old'es,
and if the previous deficiencies OF any one "
more of them were supplied out OF the fnnd, men
The benefits derived by them would be greater
than those Of the other States, and me usuai
equitable ratio fixed by the States would be VIC,
lated. The effect would also be- TO give The gran.
retrospective operation, when it is palpaDle y
was intended TO be altogether prospective ana as
lasting in the mode Of application as inc iunu
itself.
| From these views it is concluded, thai inc
lands were coded TO the United States IN ProPile
tory right, as common fund.- 10 meet coi i
mon obiect-"the general charge and expehui'
lure, and for no other use or purpose wha'so-
ever"-that, as long as the common object or &C.
neral charge and expenditure exiss-and IL must
while the Union lasts-the land fund must be oe-
voted 10 that object; that the States, separately
/ are not entitled and can have no right under the
deeds OF cession 10 il; and that Distribution 0!
the fund among them is violation OF the lam
| and power of the United States and the terms OF
I is cessi0n.
II remains only TO be considered, whether the
/ United States, under the present Constitution,
have Greater powers over this fund than under
the Articles OF Confederation. The powers OF
the United States may now be greater Than un-
| der the Confederation, but they are all specially
delegated 10 Them That Government takes no
thing from its character spirit or tenor, as IS inly
demonstrated by the cautious enumeration OF us
powers and those OF lis several departments, anu
by the 10th Article of the Amendments 10 Inc
/ Constitution which declares chat the powers not
delegated to the u States BY the Constitution, nor
prohibited by il TO the States, are reserved TO The
/ States, or to the people respectively" Upon an
/ inspection Of that instrument, no grant OF autho-
rity touching the public lands is found, excepting
that contained in the Sd section Of the 4th article
which gives Congress power 10 dispose Oh inc
territory belonging 10 the United States and
make the necessary regulations LOT II. ms
power is nothing more than that held under inc
deeds of cession, and was, no doubt, inserted in
the Constitution in conformity with the purpose
and plan of its trainers, TO express formally and
distinctly upon its face every independent power
with which il was TO be clothed, with view 10
restrain its action 10 its proper limits, and pre-
! vent The exercise of powers OF dangerous tenden-
/ cy like that now attempted to be set up inns
object is evident throughout that instrument, and
is especially set forth in The article ol the amend.
menis before reced. There is TO be discovered
no reference whatever 10 the disposition OF Inc
| land fund, and as such power cannot De IN
| ferred from The lst clause OF the 9Th section OF
the lst article, which it appears was inserted 10
cover the fiscal powers Of that government, il
must be considered as prohibited TO it. But the
seeming omission OF The power and specialization
of the objects 10 which this fund should be ap-
piled, was moi casual but intentional. The deeds
OF cession had already vested the United States
with ample power over it, and had directed, IN
terms The objects TO which il should be appropri-
aled Ii was therefore, unnecessary 10 grant the
power anew. The conclusion from these refiec-
! lions is, that The United States have the same,
and no larger, powers over The land fund under
the Constitution that they had under the Arti-
ces of Confederation, and, that their power was
| independent OF both instruments from the deeds
of cession.
Ii may be said, moreover, that there is wide
difference in the modes by which the United
States, under the Articles OF Confederation, and
as now existing, could obtain the necessary re-
venue; that the former was dependent on the will
and convenience Of the States, while the latter
has full authority 10 act independently OF the
States, by It's own officers, on the people directly
and that hence, ii is no longer necessary 10 apply
the land fund as directed by the deeds OF cession.
1t is true the United States can now levy taxes,
j in various ways, 10 meet the general charge and
\ expenditure; but, while this fact is admitted,
others of controlling force must be admitted also.
| The terms on which the lands were cedcd have
moi been altered, and the powers and duties OF the
| United States are the same as under the old Co.
vernment and still unexecuted. II is, therefore,
quite immaterial, that their powers in regard to
the collection OF revenue are greater than under
| the Confederation. The fund is still productive,
and the States have the same interest in its faith
ful application now as then If it be given away
or squandercd BY improvidence, 10 that amount
the Treasury must be leplenished by taxes; and
j, would be matter Of Indifference TO The States,
! whether the resulting deficiency were furnished
By the agency of State or Federal offcers-lhe
amount levied would be the same.
Bul, il may be insisted, that the fund or money
arising from The sale OF lands in The territories OF
Mississippi, Louisiana and Florida, is moi SUBJ
ject 10 the terms and mode of application pre-
scribed By the deeds ceding the Northwestern Ter
ritory This may be true, but il is subject TO the
general power Of Congress over the revenue
| Those lands were paid for out Of the Treasury,
and stand in the place OF the revenue expended
for them, LIABLE in any disposition Of them, to the
same limitations Of power to which the revenue
paid for them was restricted. The power of
/ Congress over the revenue, and the enormous
| evils which would grow out OF a constructive
enlargement Of il, have been already considered.
The power 10 lay taxes for distribution among
the States is not vet claimed, but il follows the
| power contended for; concede the one, and The
other is given also; result fearful in all its as
poets
Hostile as such power would be 10 our wise
| " ordered political system, it would be produc
| tive OF no consequence more to be dreaded, than
that which would flow from the rule indicated By
the Act ol Congress-that the exercise OF power
| for one object begets new and incidental power
| for another. This would be the case if Congress
should derive, from the power ITO dispose" OF The
public lands the power to distribute The proceeds
of the sales among the States. In that event,
| limited and beneficial power would be The pa
rent OF an unlimited and mischievous one, and the
! Federal Government be endowed with The capa-
city TO extend her already ample dimensions 10
the utmost limits Of human authority. The n.y.
poihess on which the distribution ofthc proceeds
Of the sales Of the purchased land depends cannot
be relieved from this dilemma, and is manlfeslly
absurd.
It's deemed 10 be appropriate TO this subject, 10
make known, that the Commonwealth Of Virgi-
mia, in reviewing her labors, or estimating her
sacrifices and self-denials for the good Of The u
MON, and mankind al large-her sympathies en-
bracing within their scope the interests of the hu-
man family in the cause OF Liberty in America
finds nothing to regret, and nothing she desires 10
see undone. She has given away, as if laid up
| on the altar for no equivalent but the anticipa-
ted happiness untold generations will enjoy from
| her hands, thrice her own dimensions OF the rich
est portion Of the carlb and it will be source of
unmitigaied regret, TO behold it, instead Of nour-
ishing and Strengthening the free institutions she
intended TO foster, retarding their growth and
fastening upon them premature decay.
The conclusions drawn from the preceding
survey the power OF the United States over the
proceeds ofthe sales ofhe public lands, and ofthe
act of Congress referred 10, are embodied in the
following resolutions, which are recommended
for adoption BY the Senate:
ResOlred, That the Act Of Congress providing
for the distribution Of the proceeds Of the sales OF
the public lands among the States, approved The
4th of September, 1871, is violation OF the Con-
stitulon and breach Of the faith Of the United
States; is Of dangerous tendency, and ought TO be
repealed.
| Reolrcd, That the aforesaid resolution OF the
House Of Delegates be rejected
SUPPLEMENTAL REPORT