Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1851-01-24

il proposes sale Of the land but its division among tn
States for general purposes
These resolutions and the substitute raise in my JudG
ment three grave constitutional questions. Firs-l
Congress The power educate the people OF the severn
States! Secondhas Ii the power 10 construct works OF IT
crna improvement in the States for their benefit! and ir
it distribute the proceeds Of The sales OF the publ
lands assign the lancs among the States for State 5snt
flu Upon each Of these propositions shall now proceed
express my views as briefly as can.
IL me- Mr. Speaker, that the advocates Of hes
propositions have mistaken entirely the nature and object
the federal Government Its primary fundamental ohec
is protection rito not within The internal protection
be left the several States for the plain that the
best understand and best know their peculiar
What Congress know of tho wants of Virginia Wha
does Congress about the local wants the local
sites of Virginia
First the power of Congress educate the people
the States believe Mr. Speaker this the first time tina
any such proposition has been offered the part OF Vr
gna and do not think it necessary to stop 10 argue it,
Where ask the authority TO be found in any clause
the Federal Constitution Let gentlemen point il il
exists shall be glad 10 see it, Is il necessary carry
give practical effect TO- any clause Of tina, instrument
No sir no,-so far from it, the Convention which framed tn
Constitution expressly refused 10 make any such grant
! On the 18th Of August, l7S7, Mr. Madison submitted
among other things proposition 10 insert In the constl
ton clause to establish university ard also 40 es.ab
s semnares for the promotion Of literature and me ART
and Sciences, and they were roed donn (vo Madison
Papers, l3oi) Here sir is the evidence coniemporaneon
evidence show thar The trainers Of that instrument wer
unwilling 10 trust Congress the liberty of exercising nm!
such power. They expressly withheld H. Now, SIR la,
down this rule as one ncontruvertble that in the
ton of deeds, grants treaties constitutions DC. il there
should doubts their meaning then you must
look 10 the meaning and design OF the makers ut tic nsru
be construed Apply this well known rule of Legal
construction 10 the subject under consideration and You
that The power claimed falls 10 The ground But
pass on 10 the subject OF internal Improvement.
And where ask, does Congress gel the authority to con-
these works in the States Is il in the constitution
Can you locate it upon any particular gran This effort
has been mad. long, long ago. and far back the 4 Of
May, ls22 one o! Nginas great statesmen MI Monroe
showed beyond doubt that il did exist (See his mes
sage vetoing the Cumberland road bil)
But sir let try by the rule of construction 10 which
have alluded On the 18th OF September 1857 Dr. Frank
In moved add after the words, post roads article sec
power provide for cutting canals where deemed
cesar, " and the proposition was voted down he Conven-
ton voting by States by vote OF to -(Madson Papers,
81 vol. 1860
Sir anything be clearer, explicit than this? Was
not here direct effort 10 give the powerl And was ii
not positively refused Sir before these gentlemen, who
advocate such loose and dangerous doctrines convince
TINT they right they must obierae forever these
pages of our conntrys history.
now proceed Mr.. Speaker the third propositions Can
Congress lawfully distribute the proceeds OF the sales of the
public lands among the States3 To answer this we must
consider how these lands derived for what object they
were obtained, and 10 whom they belong.
First then, they either coded the federal govern
men purchased with money raised by tax upon imports
The principal cessions made by Virginia and Georgia
Virginia ceded all that country embraced in The present
STATES of Ohio Indiana, Illinois, Michigan, Wisconsin, and
the future State of Minnesota Georgia cedcd all rha trnct
Of country embraced in Mississippi and Alabama believe
sons but they small The residue purchased by
the fund OF the States in their united eroi char
actc But sir the question OCCURS for what purpose
were they obtained
The Virginia deed Of cesson made under the old Articles
Of Confederation declares that these lands coded 10 The
Limited States in Congress assembled for The benef Of said
States, and that "hey shall be considered fitnd
for The and benefit OF such OF the United States have
become members OF the dcrdton federal alliance OF
said States, Virginia inclusive, and shall he faithfully ana
bona tide disposed Of for that purpose and for other use
and purpose dterer accordn. 10 their usual respective
proportions in the general charge and expenditures The
Gcogia grant with this latter exception is the that
~ Virginia though in fact the Georgia lands purchased
with the sums PAID for distinguishing the Indian titles
Congress but The agent the of the States,
and cannot appropriate these coded lands in other way
than that prescribed by tho deeds OF cesson This point
understand ia conceded by both the gentleman from Eliza
beth CITY, ard the one from Iognn and Boone. Now, Mr.
Speaker ask if these lands bc distributed among the States
for specific local purposes for general State Objects
would be clear and pa pablo violation OF the deeds
OF cession Would this DO appropriation according 10
their usual respective proportions in tho general charge and
expenditures" And sir also ask il they be disposed
vi in other modes benefit equally all the States, but
by SALE which brings The proceeds into the common lra
snry thereby dmnshcs quo ad the amount OF sales The
general tax of tho country Can il bo done in any other
way VIII not any other disposition be gross perversion
thr purpose which they coded These are lrs
tons which should like to hear gentlemen answer
Bur- sir lei pass 10 The purchased lands for that is
the practical question: for NO know but very small
ton n the coded lands remain and those that do
barren rocks refuse lands, which will take up.
The first question which suggests itself this branch of
the subject s with what money these lands purchased
answer with the common fund, with money raised by
tariff, npOn imports, and shall hereafter show, Mr.
Speaker with money of which the South paid 81, iii. North
50 ofevey 81 Now sir will the friends of resolu
tons contend that Congress appropriate
money thus raised among the States for specific works Of
tcrnal Improvement or for general State cdacaonl put
tho question them. pause for replyhc silence gives
negative responsc9 presume their holiness will hardly
60 thus Tar. Well sir il Congress cannot thus appropriate
money can cede The lands which purchased with this
fund distribute proceeds of the sales for any such
\ difference -
Ii there be any, confess nv inability TO see it.
My friend from Bedford with that keen perception which
belongs 10 him, this dcuy and to meet il he oilers
his substitute which asks sae but division Of these
lands and assignment Of them the States specie.
Now let us look al ha-bu let US keep in mind that these
lands o6diued lcHh the common fund Well, sir we
will take my friends substitute; will go 10 Washington,
and have decree of partition enlered-a sort OF cancery
court decree will send commissioners with their
seyor and my friends from Bedford and Elizabeth City
be the chain curriers' land from their smiles that the
office would be very agreeable them and will have par
ttlon and division mado and will assign Virginia one
million OF acres worth one million OF dollars as her share oil
the property.
Now sir do these gentlemen perceive TINT this is pre-
csely thing selling the lands and giving Virgil
the money and If Congress has not the power 10 do
the has il the rgh, do the other Do they not see
that they diminish the resources OF tho country 10 inc
amount Of the million given Vrgina-not in money but IN
land and that that deficit be made up By nm Increased
tariff tax dollars of which out OF every nine VIII
have 10 be paid by the South Sir any such unjust I'M
equal and inuous scheme this be constitutional en-
llcman may attempt by the cry OF money mo
ney ne rant The money" Sir, l want money want 10
Virginia gel money bur never never AT The sacrifice .;
the constitution and the honor OF the country.
But, says the gentleman from Logan d Boone, with
great show of confidence "he power cxpessivry given
that the constitution declares Congress shall have pow
or dispose Of and make all necdu rules and regulations
respecting the territory other property belonging to the
United Saro but sir gentlemen leave out The residue OF
the cause.-the limitation which controls and regulates the
preyu grantand that is this, that "nohng in this con-
-uton shall be construed TO prejudice any clans of
the United States of any particular State Now sir,
if away all these public lands which belong TO the
United States do prejudice the particular cams of
the Southern States, who have equal right 10 this pro-
perty sir than equal right because they paid
dollars of every nine Of the purchase And II
Distributed Is to bc done according representation in
Congress- fedora members and all know the nonsavc
holding States have large majority in Congress and would
get the larger portion Of this fund.
say, Mr. Speaker, that this scheme will operate
unustly upon the South and that alone would be enough
elicit my opposition These lands hive before said,
purchased with the common fund Of the country;
which fund principally raised by tax upon
imports The whole Of duties received by This tax
upon imports, from l79 the Goth Of June, 1915 after
deducng the drawbacks upon foreign merchandise export
ed, 1927 ,050,097. Of this sum The South paid
gill 100000 and the North only s2l5 350091 Now, sir
lands be distributed among the States justice
says should be done in the way which will give 10 the
have r. rhn huan