Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1857-05-05
For N, EHyH;g

,nf,. data for Demncrait fifth Sill he d"tS "'
cupy position nf s0iur incrrs; ~ the i'r'n"c'ne'
4 small portion OF the SAFE erl has wlt!" s"''.'r"
recently he coniign pIui-hment of e1conI!nGA''"
ton, Inflicted by dlZen Democrats ut Tue pu
rest faith, without the superiaous Ceremony "I
hearing, he Asks the fsvor of your columns i"r 'ne
reason, that his judges We're not ony cruel enough u
punish but actually 10 publish tie tact.
First, then, admit in liza tr"adesi sense, ''ic !e'
Of t-aity Ia party the necessity of and tht -''''
over heevi!s ci regular party "I-"n
lzaton! But do notsee, as the result ct al 'h's,
the necessity or Proprtry of an eniir" fuTrrisr %'
mans monkey. am troubled with the ridiculous
OF head OF my own aud a'i SHY
enUughii you will, NOT otiy 10 fancy that have f'''
TO think tor myself, bat to BE- of opinion ii,;!, ht
is either hyp"crite or ass, wh" never ''iiErS
from his party Oh any poi,. Among my o:her ii''.
ings, tor Glenn breast lad wei! he msdel ieei
bound TO admit that, though somewhat tiEd ~ 10
substance, am inclined u disregard names, and an:
very apt IN call horse ahorse, instead OF beast oI
burden. Owing, perhaps 10 these detects. have re-
Gently acquired the nam. of dstriburlonisf, III 'p''e
OF my earnest protests oil my ignorance al what cor
stiIu'cd dIsrlnat:Onst. Some oi my friends hhdm.
themselves greatly exercised NJ the aforesaid
and, beng III doubt mys2i!, propose 10 submit ~;
case your skill rcuuchrr, and see by the re-
suit Of the delivery wha;I really a,Gi.
The ssue OF the day ecms to b. narrowed down
to distribution and ani-d!siribution; ana The pro,
bcu he wrought to b. This: at the end oi me fiscal
Year say $lOOODDO0 surplus in the treasury tam ana
land ssies expected 10 aid TO said Surplus hnhu ANY,
sAy Slj,u0OOOO. Quest on-What Is 10 be d"ne WIN
IL Now the proP"stion presented {" me, under,
stand 10 be this il think this surplus can he Grnieh
by free git among the S,ates, | am with me
he opposition, aud consequently Know Nothing
aud di.iihutiomst. II, On the contrary. believe II
Unconstitutional tn distribute, but favor deposit,
am safe IN the D-mocatic fold. beg t" protest
against being placed in sny such POSITION but VIII
treat the two propositions seratn. which may serve
Ia solve the question: whsra d" staidi f!rst'
must say, feel greatly mistitied by the subject ne
Yer having found out yet what the opposition does
prcpose though | have sought 1t diligently with
tear il they desire 20 parcel out ell hu pubic HnnS
in kind. ] cay it, for with the aid al your valuable
lucubrations have not yet DISCOVERED. My npir-
iou u.s. that from its utter mpraccnbiliiy the idea Is
simply ridiculous. IT, instead, the plan be, IN Gddi-
lion The present surplus, to distribute for all future
time the yearly proceeds Of The lands irrespective OF
the financial condition ot the government, III"
plan Seems suhlcc, Ia divers nSuperable nnl"c-
lions. First, H. one Congress cannot cnm;ro!
the succedent, il il impossible 10 fix his ~
settled policy! Secondly, rs varying fortunes may
create necessities not now existing. and produce II
heavy national debt. the plan would then have The
ddionu! DIRECTIONS: First, ol tiivrriing from liIc
government fund Tor g-nera! u.e and primarily ~
al think, will agree, 10 be applied when needed, I"
the uso %. ia. Federal state. Secondly, IL would eS
case and lead 10 the enactment ola high protective IN
ill, winch, i'll bclD,, unequal, IL unconstitutional. bn'
surplus and that expected ~ ars- before ANY change
in oar condition, then Tn" ided strikes ine n NOR.
feasible. | have been taught, brought up ~ nav"
hren, nj the feel 81 :! rtry D'M"cF1ttf tAnalt iHht
the first duty of n Democrat. when measure IL sub
United 10 The county i-app!y t;he test OF the con
si u.iOn and ii il pass then, and not TIL them b"
may turn ms attention Ia the policy ot The lnen-
sure. SO shall do. Now. wha; right has Congress
over ia. matter Cougrcss-to sGys tAe Con>iita
tion-shnli make nil necn.ul rules for, and d!SpOsc
e all her
United States. Now the question Ia hot Is 1t or not
constitutional i'll any event; but l. II constitutional I"
Distribute this and any future surplus THIS reduces
the question 10 the mixed power Of Congress aud
AVOIDS ali questions al contingent r"su!ts IA part ut
IT, There /. u mark el difference i'll the provision re-
garding III. lands and that giving the power IN levy
taxes and lay impo-ts. One stcms IA broad NJ IN"
sun! The other precise and limited ;oa specific pur
pose. From the constitutional, provisions, ~ well "a
the nature of the properly. marked difference III
IN, teuur. results Thus the several States are
the fee simple owners Of all the territory; the
Federal Stale no i1nts. excep! limited TILE
in certain forts, dock yards, &c. The pub
lie do,nGin il composed OF embryo Staies,
Sovereign Republics. IL be added 10 the UuIrn By
acc,cti0 under the natural process of se;;iemen;i and
the right Order, sni .I y these .ands IS c,s''d
m he citizens of the various States, and IN no on
else. TIE Federal State is The benchclary ana lrus
tce-thc States the sole GuGih pr0prieiurs. ~ re-
cards the product OF impos:s the Is ist Ir"rr-
ed. Then, the Federal Government. as contre-GI--
;Ingush~d from the States, is sole owner, aud the
States merely component parts, the ben.fclarir'
The Federal Government alone can create and acquire
this fund. No St.:u IL = I" he raised Tor Tie
Use and support nf the Federal Government h'"n~;
and il 10 be applied purposes distinctly specified
a, illustration. take the case 81 Joint stock COM
pamy, 10; authorised 10 hold land. Bat r-ai -sini-
being necessary for it, prop.r progress, various
pieces are furnished hy different mirmners The bust
ness succeeds. Now, 'hs title 81 :he real estate or
innl rnpmh-rS. subject
.o Uses. but the Stock belongs IL the company. y
marke difference results from this rreEc. ~ tenure
point Of which Is that VIXEN the object "r nsin :"
the trust 10 exist, the beneficial interest r.
vrrts the owners. the States. let III turn Ia ;he
.is.i-a again lnr PoyfH ntpt.. rnrnroh ia
fence, and general welfare Of hc Federal Union; tia
other cotirsd ~ the broad word 1SpOa cGa set
no reason for the conclusion that dispose means no
thing bat sell. photographers do not Justify the
conclusion nor do the ru!cs Of legal construction
The grant OF M estate with Uu.imitcd power %
disposition, VESTS the irnan; with power Ia ALLEVIATE
by sale or gift What then, limits the power ii Con
gress under the word dispose To ALLEVIATE the
property by sale only! The ab:o!ut. title being il:
the States, and the usuruct returning on a iaIr.
from any cause of the object Of the trust the power
OF alienation s unlimited Wha, constitutes the
oasuticnaliiy OF dsribu:ioD that is givn; 10 the
States ihu surplus proceeds ni h- lands can
s-e II, and won l,- made ~ say do.
nigh: quote many Democratic names OF weight
10 sustain me, but will BE- satisfied with one-he
ATTEST constitutional lawyer the Country has ever pro-
duced. Thi. The opinion OF John &. Calhoun
But the surplus arising from customs. constitutes by
far, the largest portion o the amount Un hand an!
thn prvc.ei- of customs being limited to specific
objects and Ia no way belonging 10 the States sspa.
rate suvrr-g niics, does r"i come under The same
ruic A. coussqneGcc.it seems 10 me 's: Gis'!ibu-
liou being applicable 10 small part only, IL wholly
useless o rid us ni the SERIOUS -vi. If The accunuIa
ton. VIII d.po-itio Now, the only di.lrrrnc" be.
tween deposit and iis:7bu.ion IL ;hs pr"vso Tor
payment by the States oi the amount received. IL ID"
provi-o for repayment. Then, though part ri III"
letter Of the law i GU ui 49, spirit, though s.anHing
on the statute book Is, by general coD-en intended
10 be dsregsrdtd H. IN short, from any cAIe" The
provision becomes nugsi"ry, tie two sy-itms sre"ne
There is however. this difference against depos under
color Of Loan, il makes fraudulent giit OF he pro.
reeds OF customs. Bat taking the provisio IN good
faith whore does Congress get the right 10 loan 10 the
States The proceeds OF liz mposi- II surely IL not
found in tie duty 10 pay debit provide far common
defence, tSa The cited and limited objects al tax
alton. Where then l. il derivedirom the tact that
this surplus being the unforeseen result oil farm
admittedly constitutional the power - ~. r".ul; OF
nccc--i,y and -x;ra constitutional \ my instincts
rev"!, from this proposition. Why not buy oar
slaves for concentrations or build raii roads, well
orn 1t on Once ouisde the Constitution what
limits your powers! Again, TO make The states ':t=
debtors al IN. Federal Government. tends tiIlEE
consolidation. And, by placing an embarrassed
S,st- y; the mercy of II majority IN Congress. strikes
a fatal blow at the fundamental GoctvIGv I'll states
Rights.
In conclusion, hava sgain 20 repent, cur
friends of The. opposition have failed 10 i"
what they de=ire, whether distribution ct
land ~ Money either or BOTH the whole surplus "r
part, or in short. .nvihing beyond general t"rir"
to distribute in general, stiii at loss 10 know
what am 20 approve o. oppose. With all du" re-
sr.ri am inclined ~ place III ~" seine category:
aud take this occasion 10 ynG oi my efr''--,
sympathy in the troi biz. Yea iaust have encountered
ia your Efforts answer b. sound hI-um"n''h" iouG'
but utterly vague c.es OF tho Wing for distribution.
An operation, on the whole. very ike an effort :"
catch smoke in gill n-t. But suppose this .nrp:"s
j.. under some name, divided among ihs States
shall Virginia take her irois think she ought
FIRST, have great faith in ~. j -nocrHtic SENATE
and feel wiling 10 follow, in blind fai'h. long
way; for think i; will be the substance o ih'ngs to
he hoped for, and the u;mGtum ali r'sht Secondly
ii the thing prove wrong in principle. lei Us in'e
eiEy--b. :n.n cr mice. Let us teri !; ~ M
acknowledged constitutions! power, m" II ga
satisfied with the result, appeal {" she onIy re-
manning remedy. But !! uDprepared FOR ih'1 lei u