Abridgment of the Debates of Congress, from 1789 to 1856.

24 ABRIDGMENT OF THE SENATE.] Publio Lands-Distribution. [JANUARY, 1833. " Resolved, That the assertions that the people of these United States, taken collectively as individuals, are now, or ever have been, united on the Public Lands-Distribution. principle of the social compact, and as such are now The Senate again proceeded to the consideraformed into one nation or people, or that they have tion of the bill to appropriate, for a limited time, ever been so united in any one stage of their po- the proceeds of the sales of the public lands, &c. litical existence; that the people of the several Mr. BENTON rose- in opposition to the bill. States composing the Union have not, as members Sir said Mr. B. the primary conception of this thereof, retained their sovereignty; that the alle- e pri giance of their citizens have been transferred to the bilit dstributive prnciple is unconsiuGeneral Government; that they have parted with tional; its specific enactmnts, and selection of the right of punishing treason through their re- bjects for the application of the distribution, spective State Governments; and that they have are so many separate, distinct, and accumulated not the right of judging in the last resort as to the instances of constitutional violation. The asextent of the powers reserved, and, of consequence, sumption of State debts was a new and portenof those delegated; are not only without foundation tous attack upon the sanctity' of that instruintruth, but are contrary to the most certain and ment; the more dangerous, because it carried plain historical facts, and the clearest deductions a corrupt temptation along with it. States in'of reason; and all exercise of power on the part of debt could only consult their necessities, not the General Government, or any of its departments, the constitution, when the means of paying claiming authority from so erroneous assumptions, their debts were exhibited to them from the must of necessity be unconstitutional, must tend di- federal treasury. The practice once begun, it rectly and inevitably to subvert the sovereignty of would be immaterial for what purpose the debt the States, to destroy the federal character of the was created The present assumption is for a Union, and to rear on its ruins a consolidated Gov- class of debt which the wildest titudinarian eminent, without constitutional -check or linita- class of debts which the wildest latitudinarian ernment, without constitutional -check:or limitation, and which must'necessarily terminate in the never pretended could come under the federal loss of liberty itself." expenditure. It is internal improvement, not national, but local, to the State in which they The resolutions were ordered to be printed. were made; such as a State legislature directs for the benefit of counties, parishes, and sectional divisions of its territory. The appropriaWEDNESDAY, January 23. tion for general education was a new attempt Powers of the Government-Mr. Grundy's BReso- to violate the constitution at a point at which lutions. it had been successfully defended for forty years. The application of the federal funds Mr. GRUNDY moved the following as a substi- for the support of a free negro colony on the tute for the original [Mr. CALnorr's] resolutions. coast of Afriica was now for the first time serious"Resolved, That, by the Constitution of the United ly attempted. It implied the right of Congress States, certain powers are delegated to the General to apply those funds in the emancipation of Government, and those not delegated nor prohibit- slaves; for the right to remove, and provide ed to the States are reserved to the States, respec- for the free blacks, could only be appurtenant tively, or to the peoplethe rightto mae them fiee. It implied the' 2. Resolved, That one of the powers expressly right to stretch the Constitution of the United granted by the constitution to the General Government, and prohibited to the States, is that of laying States over the continent of Africa; to make duties on imports. it cover two continents, and two distinct races " 3. Resolved, That the power to lay imposts is of people; to make it what the enchanted tent by the constitutionwholly transferred from the State was in the Arabian Nights-a thing so small authorities to the General Government, without any that it might be held in the palm of the hand, reservation of power or right on the part of the and yet so expansible that it might be stretched State. over the court and army of the Great Mogul. " 4. Resolved, That the tariff laws of 1828 and Passing fromn these constitutional objections, 1832 are exercises of the constitutional power pos- which he barely enumerated, Mr. B. went on sessed by the Congress of the United States, what- to dilate upon those which applied to its policy ever various opinions may exist as to their policy and expediency. At the head of this list he and justice. placed the peculiar character, or composition, of "5. Resolved, That an attempt on the part of a the bill itself. It was a compound of ingreState to annul an act of Congress passed upon any dients containing something to suit every subject exclusively confided by the constitution to n m Congress, is an encroachment on the rights of the palate. Lands and money, roads and canals, General Government. free schools and high schools, relief to debtors, " 6. Resolved, That attempts to obstruct or pre-emancipation and colonization of slaves! Such vent the execution of the several acts of Congress im- was the cargo with which it was freighted! posing duties on imports,whether by ordinances of It came into the Senate chamber, with money conventions or legislative enactments, are not war- in every clause, to pay its way through, as the ranted by the constitution, and are dangerous to souls of the damned arrived on the banks of the the political institutions of the country.' river Styx, with money in hand to pay their passage into hell. The surly Charon never refused a soul that had the money; in this polite

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Title
Abridgment of the Debates of Congress, from 1789 to 1856.
Author
United States. Congress.
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Page 24
Publication
New York, [etc.]: D. Appleton and company [etc.]
1857-61.
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United States -- Politics and government

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