Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1839-01-26

make and the clear right of the States 10 demand but
at the time this Slate declares its entire willing
10 forego the assertion Of such demand 10 the
tent necessary heretofore or in future, to meet any un
looked for deficiency Of the ordinary revenues, TO pay
the debts of the U. dettay the expenses Of
T. RcsOIncd That with The quail tcaons aforesaid, it
is the duty of Congress TO take proper measures TO as
certain 10 wla extent benefits have been accorded to
the States included within the territory coded by Nrg
MIA, beyond their just proportions under the grant, and
tn make good to the rest what they fairly entitled 10,
under The principle indicated, Oh, Of the future proceeds
Of said lands
8. Res0irtd That the residue Of The public domain
of the u s. whether acquired by or By purchase
The former by the express terms Of the grants the latter
by reason Of their having Hen purchased out Of the
common treasure held by The United States for the
common Use ard benefit OF all The States and for
other use purpose whatsoever; and that was and is,
the duty of Congress dispose of rm and Of their
proceeds as equally 10 cnue 10 the benefit Of the said
States and to proceed 10 take proper
any inequality Of benefit resulting to the several States
from The disposition heretofore made Of them.
Mr. lrNsT,L would also 90 for the striking out, with
the view of oiirrng respulions which lie thought
would present the proper distinction between the cedrd
lands and those acquired by purchase. Mr. i. usat
ed his vlcws in brief mlmner and read the following
resolutions by way of aVgumcni:
4ih Res0rcd, That igh, and Justice proper regard for
the interest OF the Old States well the interest
and meaning OF the various Acts CT Cessinn by which
the United States acquired possession of large portion
oi the Public Lands require the speedy adoption OF
some equitable plan for distribution among all the States
OF the proceeds Ct The sales of e lands coded.
9th. RcS0ir'J, That much Of the Public Lands as
has been acquired By purchase out Of the Tea-
sury the United States, should be held subject all
the limitations and restrictions imposed by the Constl
tuition upon the application Of the Public Treasure, and
this Legislature sOcmn!y protests agains! any partial
donations appropriations o.! that portion OF the Public
Domain. as unequal and unconstitutional.
Mr.. TYlEK suggested, that if other propositions
to be made now the timc; ard he hoped the mem.
h1rs that
Tarant views might he al before The House He
confessed he somewhat attached 10 the 4th resp!u
ton III lis present form, well OF lis paternity
as of It's nconlCnvertblc truths It embraced pro.
POSITIONS the adoption OF both OF which urged BY
experience and wise forecast. He thought the whole
course of expenditure for The last fifteen years was
enough to induce its adoption Judging of the future
by the past there strong promplngs 10 It's passage
lie could not think rxprd!en 10 give money either 10
governments or individuals, with the mere caution
Take, bat economist" Mr. T. cnmplInencd the gen.
tlcnan irccn Northampton (Alr Yety) Ior the strong
array Of facts ard arguments which he had nduced in
favor Of the policy q! distribution and expressed his
confidence that, after full developement of all propo,
siiions he could {whnut mourning The charge Of
Cancel answer all objections to The positions assumed in
the report il the amendment OF the gentleman from
Acconac were adopted, Mr. Il. would be excused for
saying would leave tie matter precisely where now
stands &c
Mr. Wircnrr hoped tie ca for the ayes and noes
upon striking out, would be withdrawn, as 10 allow
room CIR something TO be agreed upon that might meet
with general concurrence. lie invited Mr. Tyler 10 give
his views in advance. There many members who
questioned the right Of The Government to distribute the
proceeds Of the pubic lands-lhosc at least that
acquired by purchase. As to those embraced in the
deeds Of ces.!on, there could he question. The 5'h
resolution u! his colleague waived The question as 10 The
purchased LANDS, and Mr.. ". thought the distinction
very proper one
M. TYlrR excused himself from debating questions
not yet formally raised bu, i, his opinion that The
possession O: all the IaGGs stands emphuticaIy the
leuurc lie thought The article in The compact Of
cesso:, mere surplusagG |, had been adopted from
perabundc caution Mr.. Il could no, make any dis
tinclon between land side OF The Mississippi and
that on lie other.
Mr. May though. il would save time by declining to
act this evening. by Consent, before gentlemen com.
med themselves too far, something might he agreed
uaoH, satisfactory 10 all. le therefore, moved adj
jnurrmcn but Withdrew the motion at the request cf
Mr.. SuaTASr, who stated that when the resolution
came up for transmitting the document TO The several
States, lie should move 10 exclude Vermont.
Mr.. WITcuER ard Mr.. TYLER made some further CO.
plantations VI their views.
Mr. STUART said there single view OF this sub
icct which he would Suggest for the consideration OF the
House He did in consequence Of the request OF The
gentleman from riltsylvania (Alr Witch,r,) that the
advocates CT distribution would state the ground on
which they rested III" power Of the Congress of the U.
S. 10 distribute the 5occeds Of the public Iants Mr..
said he ded this question Of l1w, and 10 be
considered upon legal principles 1t was in that light
lie should present II.
TIE gentleman from Pittsylvania discriminoes bn.
tween a, portion Of the public domain which ceded
by the States. and that part which acquired BY pur
chnsc from France and Spain. lie admits The right
10 distribute lie former, The ground Of the express
trust contained in lie deeds of ccssion but he denies
the gi, to distribute the proceeds of lie latter because
there was no such trust MIR Stuart denied that the
distinction tenabie He commended that the trust
the in relation TO BOTH though, IA case, II
expressed the face OF the deed. and IN the other,
il arcse 10y implication. He contrndcd, that in neither
III n i,p irItGt and iLp n
hut that il resulted M the intrinsic nature 81 the con.
tracts. independently Of their particular terms
MI = said he would illustrate his view, by reference
10 transactions of private character which annla
uOus principle, and OF every day occurrence. 1t was
familiar principle Of law. that wherever individual
employ I'd another to purchase tract Of land for him,
and furnished the money 10 pay for II, it the agent made
The purchase and took the Conveyance 10 himself trust
reSuitd from the nature of 'hc Transaction, IN favor OF
the principal WHO advanced the money. and he could al
any lnc enforce its execution by resort 10 the judicial
tribunals Mr. SrrAKr then asked the House to apply
this principle 10 The contract for Tie purchase Of Louisa
ma and Florida Those Territories were purchased by
the mumey Of the u. S, which The proceeds Of
iaxaon, either direct indirect. They were puchao
ed BY the Government Of The U S, which is the ccm
non agent of the several States, and Of the people Of
the States. The title was conveyed 10 the agent OF
trustee hu, The purchase money paid BY the States
or by The people OF the States
Mr. SruAET said he was Indifferent which position
gentlemen nigh, assume. They at liberty to say
lint tney WE'RE W 'He IoHeJ VI ''c
siGcrcd their corporate character, by the people IN
dviduai!y. IL the money was regarded as the money
of the States then the trust resulted in favor OF the
States and they had Tie right to direct the proper exc
cution of the in which aspect Of the case, II was
clearly within the legitimate province Of the Legislature
as the representative Of the State, TO indicate to The
common trustee, ilr u S Government The wishes Of
Virginia to the manner Of executing the trust. -,
Ii gentlemen thought proper to take the other horn oil
the dilemma and 10 contend that the public domain was
paid for with the money of Tie people, who paid the taxes
in their individual character, then the principle applied
with equal force The lrs resulted in favor ot the pro
pie individually, and they had the right 10 direct The
trustee, either Immediately OF by their agent in the ul
fIncnt Of the trust MIR S then asked, If this reasoning
BIZ true, in what relation dues the Legislature OF Pg
MIA sand the subject of the public domain IS hot
In. II he npnnlp of NIrplnla