The Arkansas advocate., 1833-09-04

By virtue of like authority, the Dele- gates of Connecticut, in September l7S6, ceded to the United States all the claim of that State to lands lying west of line l20 miles west of the western line of Pennsyl- yania, "For the common use and beuefit of said States, Connecticut inclusive. iile territory lying between the line of Pennsyl- vania and parallel line 120 miles farther west, was of course reserved to the State of Connecticut, and has since been known by the appellaton of the enreseWe." !" In May, 1900, the jurisdiction of the wes- tern reserve was also ceded to the United States.
 In August, 17s7, by virtue of the like authority, the Delegates of South Carolina in Congress, ceded to the United States all the claim of that State to the western terri tory, "Isor the common benefit of the Union.''
 By virtue of like authority, the Senators of North Carolina in Congress, in Februa- " 1790, ceded to the tinted States ali the claim of that State to its western territory, which was accepted by the United States by an act of Generoas approved April Id of that year. The third condition of this ces- sion is as follows, viz:
 sThat all the lands intended to be ceded by virtue of this act to the United States of America, and not appropriated as before mentioned, shall be considered as com- mon fund for the use and benefit of the United States of America, North Carolina inclusive, according to their respective and usual proportion in the general charge and expenditure, and shall be faithfully disposed of for that purpose, and for no other use or purpose whatever
 In April, 1902, the State of Georgia ce- ded to the United States, upon certain con- ditions, all her western territory, embracing the present State of Alabama and the larger portion of Mississippi. One of the eondi- tians of this cession contains the following provision, viz:
 "That all the land ceded by this agree .aent to the United States shall, after satis- lying the above mentioned payment of one million two hundred and fifty thousand dol- lars to the State oi Georgia, and the grants recognized by the preceding conditions, be considered as common fund for the use and benefit of the United States, Georgia included, and shall be faithfully disposed of for that purpose and for no other use or pur- pose whatever &c.
 In these sessions of the several States, we have the origin of such of the public lands of the United States, as are situated within their original limits. The motive which led 10 the adoption of this policy, was to perfect and strengthen the union of the States. ln every cession 1t is expressly stipulated, that. the lands ceded were to be dispeaed of for the common bensta of the united States, and some of them eTpres8ty as all of. them do smpEediy, prescribe tke 9otio q beaetit to the several States. The Virginia cession declares that it shall be "according to their usual respective pro- portions III the general charge and expendi- ture.' and to preclude all other application or distribution of the proceeds, adds, that they .'shall be faithfully and boaa fdc dis posed of for that purpose and for no ofhcr atse or purpose achats0euer. This language IS copied almost verbatim into the sessions of North Carolina and Georgia.
 The grants to the United States them- selves, therefore, not only provide that the lands ceded shall be disposed of for the common benefit, but prescribe the rqte of that common benefit to the several States.
 The public lands lying west of the Mis- sissippi and in Florida, were acquired by purchase of the territories in which they are situated, from foreign powers. AL though the disposition Of these lands by Congress, is not fetteied by any conyen- tlonal restrictions, yet 1t will not be main- tained that they are not as much the com mon property of the United States as those which have been ceded by the several States, and that il is the duty of Congress to dispose of them for the common benefit.
 in pursuance of the object of the seyer- al States in surrendering their lands to the tinted States, and ili execution oi the con- dihons of the several grants, Congress, in an act approved August 4th, l790, enacted as follows, viz:
 "Ih hat the proceeds of the sales which shall be made of lands in the western terri tory, now belonging, or which may hereaf ter belong to the United States, shall be, and are hereby, appropriated towards sink ing or discharging the debts for the payment of which the United States now are, or by virtue of this act may be, holden, and shaii be applied solely to that use until the said debts shall be fully satisfied"
 This pledge Was afterwards repeated with all the soiemnity which acts of Congress could gige.to 1t.
 nln our next We shall proceed to show. that Mr. Slay's bill Is in direct violation of the conditions upon which all the States, and particularly Virginia, North Caroli a