Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-12-12

In February $751; the Legislature Of MARYLAND passed
articles OF confederation. The following are from
the preamble aud body Of the act, viz:
whereas, II hath been said that the enemy is
encouraged by this State not accediDg TO the confeea
iion, hope that the Union of the Sister States may be
dissolved and therefore prosecutes the
ilusous ally Impressed with idea, that the
mon cause would be promoted by formally acceding
TO the confederation" SC.
The act OF which this is the preamble authorizes the
delegates oil that State TO sign the Articles and proceeds
TO declare "that by accedng the said
ths state doth not rehnqush, intend reiinquish,
any right or interest she HATH with the United or
Confederated States to the back country" &c. SC.
On the ls Of March, 1881, the Delegates of Maryland
Union under that compact complete. The conflict.
ing claims to the western lands, however, NOT dis
Repeated and urgent calls made by Congress upon
the States claiming them, make liberal cessions TO The
United States, and not until long after the present
Constitution formed that the grants completed
The deed of cesson from New York executed on
ton ratified and il was accepted by Congress on The
29ih October, 1882 One of the conditions this cesson
thus rendered and accepted, that the lss ceded to
the United States shall be and enue for The and be-
net Of such Of the United States as shall become mem
oe,s Of theJedera alliance of the said States and for no
Other use or purpose ,rhafsoerer."
The Virginia deed OF ceson executed and accept
ed on the LIST day of March, l7S4 OF the conditions
oil this cesson is as follows, viz
Tha all the lands within the territory so ceded to the
Oned States and not reserved for appropriated any
oil the purposes, disposed Of in boun-
SHAH 6e considered as a common Jund for the and
benefit Of such Of the United States hare become or
SHAH become members Of the confederation federal
alliance Of the said States Tginia inclusive, accord
ing to their usual respective proportions in the general
charge and expenditure and shall be PAINFULLY and DO
d nae disposed for that purpose, and TOR no other use
Within the years 1885, 17s6 and 1857, Massachusetts,,
Connecticut and South Carolina coded their claims upon
similar conditions. The Federal Government went into
operation under the existing Constitution on the 4,h of
March l7s9 The following is the only provision of that
whi boa.
the public lands, viz
"Ths Congress shall have power to dispose Of and
make all needul rules and regulations the ter
rory or other property belonging the United States,
and nothing in this Constitution shall so construed as 10
prejudice any claims OF the United States, of any par
Thus the Constitution left all the compacts before made
in full force and the rights OF all parties remained the
confederation.
The deed or cesson of North Carolina was executed
in December, l7s9 and accepted by of Congress
approved April g. 1890. The third condition Of this
sion was in the following words, viz:
"That all he lands intended to be coded by virtue OF
this act to the United States Of America, and appro
priated as before oned shall be considered
mon fund for the and benefit of the United States of
America North Carolina Inclusive according 10 their
pecuve and usual proportions of the general charge and
expenditure, and shall be faithfully disposed OF for that
purpose, and for no other use purpose whatever"
The cession OF Georgia completed on the I6 h
June, 1902 and in lis leading condition. is precisely like
that OF Virginia and North Carolina This grant compile
Ted the title Of the United States all those iands gene
rally called public lands lying within the original limits of
the Coniederacy. Those which have been acquired by
the purchase OF Louisiana and Florida, having been
PAID Tor out Of the common treasure of the United States
are as much the property OF the General Government
be disposed Of for the benefit those coded by
the several States.
BY the facts here collected from the early history of
our Republic, it appears that the subject of the Public
Lands entered into the elements of its institutions IL
was only upon the condition that those lands should be
considered as common property, be disposed of for the
benefit Of the United States, that the States agreed
to come into perpetual union.' The States claiming
acCeOed tr3n ed iheir
claims TO the United States upon certain specific cond
tons, and those conditions the grants were accented
These solemn conpacts invited by Congress re solu-
non declaring the purposes 10 which the Of
lands should be applied. originating before the Constitutions
and forming the basis on which made, bound the
United STATES to particular of policy re a,on 10
them by ties as strong as be invented secure the
AS early May, 1885, Congress- in execution of these
compacs passed an Ordinance providing the sales of
lands IN The Western Territory, and directing the
to be paid into the Treasury OF the United States With
the same object other Ordinances adopted prior TO
the organization OF the present government.
In further execution of these compacts the Congress
oil the United States under the present Constitution as
early as the 4h oil August 1890 in can act making pro-
vision for the debt OF the United States enacted as fol-
lows, viz:
'Tbat the proceeds of sales which shall be made of
lands in The western territory, belonging may
hereafter belong TO the United States shall be- and are
hereby appropriated towards sinking dscharping the
debts Tor the payment whereof the u States now are or
by virtue OF this act may be holden and shall be applied
solely to that use until the said debt shall be fully salts
fed"
To secure TO the othe United States forever
the power TO execute those compacis in good faith the
Congress oil The Confederation early July I3h 1887
in an Ordinance for the Govefnmen the territory of the
United States northwest OF the river Ohio, prescribed
the people inhabng the western territory certain con-
dons, which declared 10 be 'artcles compact be-
tween the original States and The people States in The
said territory, which should 'forever main
unless by consent" In Of these articles il is
declared that
"The Legislatures Of those districts or new States shall
interfere with the primary disposal Of the soil by
the u States in Congress assembled with any re
a,ion Congress may find necessary for securing the title
in such soil TO the bona fide purchasers"
This condition has been from the people OF all
the territories and put its ohlg alton be dis
pute, each State, carved out Of The public domain
has been required explicitly TO recognize il Of the
conditions OF admission the Union Some OF them hay
declared through their Conventions in separate acts that
their people "Iorever discam all right aud title TO the
and that The shall be and at The sole and en-.
tire disposition OF the United States"
With such care have the United States reserved 10
themselves, in all their acts down 10 this dayin egat.
ing for the Territories and admitting States into the union
the uOshacked power TO execute in good faith the
pacts Of cession made with the original States From
these facts and proceedings plainly and certainly results:
l. That one Of the fundamental principles on wbicl,
the confederation Of the United States originally
based was, that the waste land Of the est within their
limits should be the common property Of the U. Slaes.
g. That those lands coded 10 the United States by
the States which claimed them and the
cepted, the express condition hat they should be dis
posed Of for the benefit Of the States according
their respective proportions ia the general charge and
pendure, aud Tor no other purpose whatsoever.