Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-07-23
POLITICAL.
,,, From tho Washington Globe. J

II PUBLIC LANDS-MR. Gays BILL.-No Nv.
Further rioidtions Of the compacfs of cession.
In our last number We showed that MI. Clay's Bill, in.
stead OF being in execution Of the compacts Of cession, be
gins with a papable violation Of one Of their fundamental
conditions.
We shall now show, that in other respects il is equally
in derogation OF those compacts as understood IN both
parties at the time Of their execution.
After unceremoniousiy giving away in liz first section
one eighth OF the nett proceeds OF the sales of public lands,
the Hill proceeds thus to dispose of the balance in its Sc.
cond section, viz.
said twelve and a hall per centum, and what by the COM
pacts aforesaid, has heretofore been allowed to the States
Aforesaid, the residue OF the nett proceeds OF the public
lands of the United States, wherever situated, which
shall be sold subsequent to the said thirty first day of De-
cember. shall be divided among the twen,y-four States Of
the Union, according TO their respective federal represen.
tatve population, as ascertained by the last census, to he
applied by the Legislatures OF the said States TO such pur.
poses as the Legislatures OF the said respective States shall
deem proper: Provided, That nothing herein contained
shall be construed to the prejudice of future applications
tor the reduction of the price of the public lands, orto the
prejudice OF application for a transfer Of the public lands
on reasonable terms, 10 the States within which they lie,
nor TO impair the power Of Congress 10 make such future
disposition OF the public lands or any part thereof as it
may see fit"
Not content with giving one eighth of the proceeds of
the lands to a few OF the States. without the leas, regard
TO the common beneht." the bill in this section totally
disregords the r,de Of distribution of the remaining
seven eighths prescribed by the compacts of cession and
Prorides a ne,c one! The rule prescribed by the com.
pacts directs, that the common benefit shall be shared by
the several States, " according to their usual respective
proportions in the general charge and expenditures but
this section of the bill provides that the money shall be d-
vided "occording to their respective federal representa-.
tire population" Here, therefore, is as palpable a vio-
lauon Of the compacts as if the bill had enacted that they
should henceforward be void and Of no effect
Indeed, the ground may be boldly assumed and in
vincibly maintained, that by this bill, the compacts with
the States by which alone the United States became the
owner OF all the Public Lands east of the Mississippi, are
entirely d6rogdted. Iii were a private transaction, and
the grantee Of property were so utterly to disregard and so
hagrantly violate the conditions Of the grant, a Court of
Equity would set it aside altogether and restore the proper.
ty to the grantor.
AS we understand the motive and conditions of the ces.
sions made by the different States, it never entered into
the conception Of either of the parties, that the States, in
their separate characters, were ever TO receive back from
the United States, either the lands granted or any portion
Of their proceeds Every act of the General Government
and the several States in relation 10 these cessions, as well
under the Confederation as the new Constitution, evinces,
that the States were expected TO be benefited, not by re.
ceiving lands or money from the United States. hit by
a reduction Of the charges or tares upon Them for The
payment Of the public debt and accomplishing the objects
Of the Union.-lndeed, the rule prescribed in the grants
for governing the distribution of the common benefit. is in
compatible with any other conclusion.
When the grant Of Virginia was made, the Articles of
Confederation were the fundamental law of the United
States. The eighth article Of that instrument, was in the
following words, viz:
GAN charges of war, and all other expeuces that shall
be incurred for the common defence and general welfare
and allowed by the United States in Congress assembled,
shall be betrayed out OF a common Treasury, which shall
be supplied by the several States in proportion TO the va.
lue OF all land within each State granted TO or surve we'd for
any person, as such land and the buildings and improve
ments thereon shall be estimated according to such mode
as the United States in Congress assembled shall from fine
TO time, direct and appoint.
"The taxes for paying that proportion shall be laid and
levied by the authority and direction OF the Legislatures OF
the several States within the time agreed upon by the
United States in Congress assembled"
Under this provision, it was the practice of Congress
first to ascertain the gross amount which it was desirable
10 raise by taxation, and then to divide it among the State
according TO the value OF their lands respectively, inform.
ing each Of the amounts which il became its duiy TO raise
for the service OF the United States.
After being raised by the States, it was paid into the
common Treasury, and thence disburscd under the sutho.
rity Of Congress. In page 457 OF the Journals of Con.
gress, vol. 3, is iound the following apportionment OF So.
600, 200 among the several States. viz: