Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1822-04-19

we're gwen on the occasion wlirh are IN sirong
contrast with The sentiments of tho European leg,i-
mates.
Mr.. G,ii.aia cure Z" Grcecc--ticr cause is that.
"t the civilized world -Geaer.i Tt Eare,,e toasted
The American creed aud may a nations be IN
lrned To q, i"r liberal institutions, free, communion
sons and cheap g1verpme pfs - ye President tousf
20, " boii,ai, San M,rn and IiuIi,,,lc Nav thcy
he nspt ed bv the virtues and emulate The deeds ~
onf 'ni'nnral Washington. By M Xocy-. P,,pe-
tuiiy to The Holy Alliance of the United S,a,cs-.
~. .ar. John q. Jones'" The extension OF con-.
sti"uon'' go.ernmeni-hy reform. when practicable
by revolution, when necessary"
-. To che Edaorscf he Richmon,i Enquirer
Inc writer oil these iines conscious Of the purity of
ms object, hegs leave to submit to a candid free and.
enlightened community, his views ON = matter which
not ONLY concerns him, but which concerns, every ci-
''|en o HE umon vino hears arr part nthc common
appot, winch i afforded tu The ceneta. GOVERNED mt
by the pcople-tIe does not present himself before
the public, wishing sopinons 10 he received with
OUT i'ither examination al the subject but he hopes
that in examining for themselves, those who think
contrary TO him, will give exposition Of ;hci, views
nt not only the writer Of this, hut the public gene
rhv, may have IN opportunity OF forming correct
OPINION, alter the matter shall t;rye been fairly dis
cussed--Nih due Difference. therefore, h.. will now
propose the sulect.-Frsi. From what source docs
the state OF Tennessee derive her newer To ,spose
oil and appropriate To her own and benefit exc!u
sivey, the lands cededhy North Carolina 20 The u
by what is called, the cession act passed ID I1G9
loeNamine this subject, arc gradually carried
pack To The period when that trrct Of Country as
"
nni's were granted 10 the popretors by Charles the
al, and afterwards by the proprieiors to the Govern.
or ana Counc for the time being authorizing then,
10 dispose OF The SAID lands in the manner in which
lands were disposed OF IN Virginia. and claimants To
hold agreeably 10 the same rues-From this il woud
seem, That the lands in the chartered limits were
completely aife disposal of the provincial govern
ment, ana that full power given To the goyerno,
anu council to grant said lands he holden in fee
and accordingly the lands of N Carolina were grant.
e." V'ner various regulations until the year l776. At
m a. I,In 49, n,
yoke, aud declaring herself ndepen,len and verify
ing her declarations in common with her sister colo.
h'cS "ecahe tic rShtiu owner of the Whole terrific
ry granted 10 the proprietors-Ant although she was
one oil The considerations right TO dispose of her
lands was exclusively matter with hers self and NOT
matter about which the general government had
any r'sht tn nieiiere.-ln conformity with this right
winch vested tii never beore) Immediately u,Jnn The
declaration OF independence, she established IN the
year III by an act of the General Assembly began
ana held mt Newbcm in November II, chap /
regular aud uniform system of entering SURVEYING
and granting, all lands within ike stafc-Tbis was
followed by I'm act passed in the wear 1888 creating
general eniiy-takers Office al iliilsoroueh for the
purpose al selling western lands i'm order Ia scbu,oc
the arrears Que to the army, and for the redeRrtiGe
OF specie and other certificates TIE same YEAR a
surveyor was appointed by act of assembly (ColaueI
Martin Armstrong; TO survey the lands allotted TO the
officers and soldiers Of the continental line In a
this, North Carolina moved on whouta single whis
per that size was transcending the bounds of her
authority.
i"iS power OF GiSpOSiiig OF ner own iauS
never been directly denied by any person but as
many alcge other rights exist, which coa,erally
mpeach this power, have given Ibis brief statement
1s kind OF cham from the oriSin of right, 10 the
derirdtlre title possessedb by North arona and upon
which, shall rely hereafter. We now come 10 the
cession act i which North Carolina ceolcs the terri
Tory soutii OF the river Gho, the g. s. in 49, and
a deed OF grant executed by s Johnson and Ben
Jimin Hawkins, accepted by Congress agrccahv 10
the provisions contained in the act of cession which
Is ~ The deed reriied in 100 About nine years from
ihis time 10Th January 1899 the slate of Tennessee
men between Two and three years OF age, passed
an act Creating enry-iakers Offices IN each county
I'" eS"''sneu general system oi entering selling,
Ne. any iahds !" The state upon the enierer paying
> - per hundred acres-and now our question re-
ours ironl when does she derive this power Sc
Does iiTe act admitting her into the Union, vesi her
WIN sicl powers The answer is clear, that from
congress she Received no such right. Where
Then, let us ask, is the source from whence she de.
rived that authority which government could give
except North Carolina The advocate of those
proceedings folds his arms fixes his eyes on Tia,
earh ana permits silence 10 answer, she derived
her power from the same source from whence all
=" tolerated violaors of the law derive theirs, from
" De doctrines of implicmioH."
So far from Tennessee having any right 10 d;spose
oil any lands, unless 1t be the lands which North Ca
ront gave claim TO before the cession, hy warrants
MILITARY cia'ms &c. that all the surplus lands are rx
nessIN reserved as a common fund for the use and
benefit of the L. S, North Carolina inc lustyc-,,u
further, were TO hc disposed of in disciargag The
common expenditures and 10 no other purpose what
e'e' III WAS Su!Jrct 10 tins provisions, that CongI
received Ill he act recognizing the cessioa, was
law Of the U. ,. as obligatory all concerned as
u treaty OF the like nature made with Enoand
rance, or Holland and Tennessee upon becoming
u state, OF willie size vet u territory was bound
10 observe it-oterwise this mons,roris asurt'iv is
involved, mat CongresSimay purchase lands, and the
Srah'ors TO receive their pay out OF the sales but as
soon as bU,UUO inhabitants havetaken possession of
The country and admitted into the Union they make
plans whereby they sell the lands appropriate The
money To ineII own use and benefit ; aud Congress
IS no further bound TO perform her contract Snch
Is now The situation Of North Carolina she has ex-
pressy contracted with The general government that
she IS to have proportion OF tie proce eds OF the
lands coded in 1889 hut the tender infant OF three
yeafs od, took possession thereof, aud not even
congress herself, bring the little creature TO
know her duty in the affairs of the general family
aud therefore, the United States of America breaks
her contract with one of her members
Sensible of all this, The Legislature OF Tennessee
on the 18th Nov. 1901, appoint agents adjust this
matter, IN order" say they, that Il determination
may he made whether the u s. the state of Ten.
nessee, nave right to dispose OF vacant lands, &c -!
having become little alarmed the day before (l3th
VOW and suspended the operations OF the law of
w. II then the state of Tennessee had right ex-
ccpl the laws OF Congress, passed prior this period
sue had no power whatever To dispose Of single
rood O. the vacant lands.
Second Let us now examine the power Of the
general government, and see If she has the rght TO
permit tennessee to dispose of che lands in question.
the U. States in Congress assembled, make con-
tract with the state Of North Carolina Nv which il s
stipulated, That tor and ~ consideration that the u.
states will guarantee to the citizens OF the Territory
10 question, particular form OF government &c &c.
NC. the state of North Carolina, conveys the same
NC rescrvng particular interest therein.-Now can
thSt same people, IN the assembly, possessing
lie same powers-and standing in the same relative
Situation with The other contracting party, violate the
! agreement aud make gift of the right OF such party
SO contracting? II cannot be. 1hrn IL follows tlaf
congress had tight dispose of those lands other
WISE than agrecay TO The provisions or the cession
act; and until North Carolina gives - right as an il-
diyidua goyernmcntand not by the " implied" assent
/ which she sed r.v Lo,