Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1854-05-06

psthva, Of the future to involve H. action in the
Of doubtful construction. Such conclusion the charac
ter OF tho who framed that sacred instrument VIII
never pcrm, us TO form Indeed to suppose suscept
bic Of any other construction, would be to consgn all tho
rights OF the stes and OF the people Of the states To the
nero discretion OF Congress- and thus to clohe the Fede
raj oy.rnmcpt with authority control the sovereign
saas BY which the would have been dwarfed into
own departments and all sovereignty vested IN an
Al solu consolidated central power against which the
sp,r,, Of liberty has oen and In 30 many countries,
struggled In vain In my judgment you cannot by t-
butes 70 humanity make any adequate compensation for
tbe wrong YOU would inhc by removing the Of
power political action from those who to be there
BY affected IL the time shall arrive when, for an
object appealing however strongly to our sympates the
dignity OF the states shall bow to the dctaton Of Con-
gres conforming their legislation thereto, when the
power aud majesty and honor Of those who created,
shall become subordinate to the thing Of the creation
/ but freely utter my apprensons when express my
firm conviction that shall "the beginning Of the
end
Fortunately not LEFT in doubt to the purpose
Of the Constitution aay than its express Ian
guage for although the history Of its formation,
corded in the Madison papers, shows that the Federal
Government in its present FORM emerged from the con-
fict Of opposing influences which have continued to d
vide from that day this yet the rules Of
clearly defined powers, aud oil strict eonsiruenon pre-
sded the actual conclusion and subsequent adoption
OF the Constitution.
President Madison, in the Federalist, says =" The
powers delegated by the proposed Constitution to the
Federal Government arc few aud defined Those which
to remain in the State governments, are numerous
and indefinite "Its" (:be General Govcrnments) "ju-
isueuo" ehehus ~ 49, ;, S osi az
sovereignty all other obi ects"
III 'ue same sp"'' iIes'ue'' oe"e' SUI n'ohes "e
support Of the State governments in all their rights
the most competent administrations for domestic
concerns and the buwark against anti republican
,. -, -; nI a., SA ~ 'ia ou'
the rights aud powars Of the several States but that
the contrary they consist in binding the States
closely to the centre, but in leaving each unob
strucied in its proper orbit"
the trainers of the Constitution In refusing confer
W. , w -, 49,, @ ""! e ~ ms
, 80 I s9I W ~! Jausnr NC ~ "'.
,hsss oh;scs ,hsm.eIwa T. - .oo ,hs, 'i h.ri,o
-, a.; So 60 - IA - -; - -, -, -
,h; n,h, IT, iii ht ni ~; ~ e. y
49, 80, $3.50, ~ g., - =, -: ~ 49, o". -. u 80 ~. "
~ W no o ill., 'uuuS I" P'o''ues W 'ne au"i'Sua-
~ I =, 80, h, 80, -, - .,. , =,
q ,s ai So - - -. 49,. ~ - :, ~ ~,
-; - - . ' W ,ns 80" nv a''.au' , ,u . y.
n. aOd n.,rI an 81 -; @ , u. vSal Ia.
,hem shall ha Ii - - .. - Iii - sI' ,,'
s;, h.o , ,. % tu.s WI, oe, .o''u ' r
such ohac,s tho ton",,i 3T ha III ~ I;aJ '
- ~ 81 'Ho t " Iu'y VIII DC urieu Up Al
noe, uu e se'elai states, instead OF oeSto"ng their
,hmssvn ,hronS ,ha s,,an =. ,"eW Wv" mas
e, S,s,ss as m ini;ridmsIs H fhhi app'a'
the hnnn,v of tho Edar,l C,r, p; 80 -.
true relation to this Union 'N''''s '"e"
HarinI s,s,od nnv 80 e ,h r;,; r H. -
era conferred Inv IN. eighth ssc;,n Of ,ha g., -. t
the Cons,i,p.;o1 d. :, n-on 80 Iii o,..; ~, -.
,h;,S .oo,ion =, - nt " ~ ", W ''ie
visions Of The ;,h I'LL, a'Ie, n.' to Tue pro
the question under consideration. which nstaj If a.
H. H. -; -, oa''o.' "ue" ie'eau VI hiu-
he;sved s,ron0,r -, n,,s ~ '"l, 49, euu, ~
which even Siibon, ."sh nnor, clnno pH 70
Questionable ff' NsN -
The third sac,on or ,bo f,,,,L .,,;.,, 81 a. 5,.,,
tim ia in the f,,Iov;n, ,orr,s :. err, Cos. - ~ -
power 10 dispose Of and MAKE all naeJc,I SrIs anJ ~
iaons respecting the territory or Other nrone,tv nnI
inc 10 tho ITn,a5 So, @ " 80 popS's usIols
shs he 40 construed 40 ~ nrs;nd;c i; ~ ~
ted States or OF nnv nar,;cr,ar Sea- TIL 80 80
is a follows to wit that "Al dsb,s conr,r,cJ md
v.gements entered into hot,r, ~ a,,ia ~ Li" ~
stiIuon shall be as valid AGAINST rho liz,
This Coostituiion ne undsr ,Sa CnrJ ;, 1'' u"He
For correct understanding of the terms uscd in tho
third section of the fourth article ohovo onosJ rn,a
should be had 10 the history Of the ,iras ~ his ~
Constitution was formed and ado,,oG I, Ill
in convention on the l7,h September I7s7 ami Inv !;
Congress was omnowcred n .dlnnsa ~ e. 80 " y. -
tory or other property heonging 70 ,b - So
The only territory then belonrinr IN Tho Ti,ei S.,
was that then recently ceded he ,bo si So. .''
wit: nv New York in I7sI he Vi-n;,; =; rs I \, "
sachusetts in 1855 and by South Carolina in Angt l=s7
only :he month before the formation OF the Constitution
The cession from Virginia contained the following proy
sion.
Tha oil the lands within the territory so coded 10 tho
United States and reserved for or appropriated to
any OF the before mentioned purposes disposed Of in
bountes to the officers and soldiers OF the American Ar
my shall be considered common fund for the use and
benefit Of such OF the United States as have become or
shall become members OF the Confederation Federal
alliance OF the said States Virginia included according
TO their usual respective proportions i'm tho
charge and expenditure and shall be faithfully bona
hde disposed Of" for that purpose, and Tor other use
Here the object for which these lands dispos
ed Of Is clearly set forth, and the power dispose Of
them granted by the third section OF the fourth article
the Constitution clearly contempates such disposition
only IL such be the fact and in my mind there can he
no doubt OF it, then you have again. not only no mpca
ZION IN favor OF the contemplated grant, but the strongest
authority against 1t.
Furthermore this bill is in violation of the faith Of the
government, pledged in the act of January 2S 1871
The nineteenth section Of that declares That the
payment OF the stock which be created under the
provisions OF this act the sales of the public lands are
hereby pledged and it is hereby made the duty of IN,
seGrety OF Tue treasury TO use aud apply all money
Whlch may be received the Treasury
public lands after the first dav of J,nuaTv Is4s e.
r.r H. ;,,o.,, - Ii VI ,, i0fo' h'rt
pa3 no On al STOCKS issued by virtue OF this act
aud secondly, TO use the balance OF sail receipts aft.
paying the interest aforesaid in the purchase of sal,
EFT. - PHN'n1S W Sa''
''e' "ia'Act value, &C. Tue deOts then con
uacteu nave not been lqUdaed and the language this
section, aud the obligations of
are too Main IN ,ood oor,.,a,, ~ '''@''' u"Ne' w.
~ f" w "N'u No"ueH@
have been unable discover apy dstinction m cor
Rtitutonal grounds M ,,o,,J, or ~ -
.,,.as.;,ie - W h,o"''9 VI eHPeuenCy, between NJ
appropriation OF ten millions OF dollars, directly from th
money in the Treasury the object an,