Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1840-02-11

insisted that these lands should enure not - the bene
OF the States in which they were situated, but 70 I'll
Congress o: the United States, and onghi to BE cons
dc!ed as common property, 10 be disposed OF tor III
common benefit The assent Of some Of The States
The articles Of confederation, delayed tor years. be
c use this principle not recognized III the.h AM
but for the compromise Of that question, our presen
Constitution would probably never have been adopled
The talents and influence of the leading men o
III. Revelation were devoted with the utmost soil
,,ude 10 the settlement: Of this d:sracting question
The; appealed TO the States intcrested through re
solutions TO Congress- and otherwise, imporing them
~ The love OF liberty, union, and independence
% cede the waste lands within their limits, to The
,,,.cd States, to be held and disposed of as com
mon property As earl rs the tenth ot OctobcT, Sc
vsnteen hundred aud eighty Congress declared the puF
nose to which the proceeds of these lands IN case q
their session, should be applied, 10 wit "heSoicca
That The unappropriated lands which may be coded OF
r.linca,shed TO the United States by any particular
State pursuant to the recommendation oil congress
The sixth day Of December last shall be disposed Of t.
The common benefit of the United States and be settled
and formed into distinct Republican States w.ch shai
become members of the Federal Ur'on, and have the
same r;ah,s of sovereignty, freedo !, and independ-
,ncc as the other States These Sfcr's were, to
rrea. extent, successful and most q. the States cedel
Inc principal part Of their waste lands TO the u States
Tire words in which the ccssions were made are some
what different but, effect, they were the same The
following is the language used IN the cession made
hr the Site of Virginia, on the first day of March,
seventeen hundred and cshty-orr, I" wit That all
the lands within the territory ceced TO the United
Safes and not reserved or appropriated 10 any OF inc
before mentioned purposes, disposed OF IN bountes
10 officers and soldiers of the American army shall be
considered as common fund, for the use and benefit
OF such Of the United States have become, or shall
become members Of the Confederation or Federal e.
lance Of said States, Virginia inclusive, according to
the usual respective proportions in the general charge
and expenditure and shall be faithfully and bona t6e
disposed of for that purpose, and for no other use or
purpose whatsoever" These ccssons were made un.
der H., old articles of confederation, when Congress
did possess the power of taxation BY those art,
cles Congress determined the wanted for TIE
common defence and general welfare of the United
States which were apportioned among the several
States sin proportion TO the value OF the land within
each State granted or surveyed and the buildings and
improvements thereon; tut the taxes 10 raise them
were laid only BY the State Legislatures.
To tits rule Of superintendent the cessons Of Virgi-
and other States directly alluded The proceeds OF
the sales of these lands to be common fund.- Tor
the benefit of the U. s, in the benefits OF which the
States to participate, according TO the usual re-
epective proportions in the general charge and expend
1re ", in other words whenever Congress shall call
ON the States for their respective Quotas Of money for
the expenditures or the General Government, they
shall give credit to each for their due portion u the
proceeds of the land sales, Sin proportion to tn value
If the land within each State granted surveyed, and
the buildings and improvements thereon Each State
thus 10 enjoy its due portion OF neht arising from
;.s common fund, although none of il came into -
own Treasury The Constitution subsequently adopt
ID gave Congress power TO make regulations for the
disposition of the public lands but did interfere
with the terms Of ccsson. Those lands were still to be
disposed OF for the common benefit o! the |. ;, IN
wL:c each State 10 share, according TO its due
proportion of the general charge and expenditure but
the criterion b. which the proportion 10 be aScer
iaincd was changed by the new mode introduced Tor
furnishing the L. $. with money to carry on the Go.
Gcnnent Instead Of calling the States for quotas
al money, assessed according 10 the lands and improve
lents, the Constitution vested in Congress power
raise taxes, direct ANA indirect without the aid or IN
Proposition Of the States.
When MONEYS raised, under the provisions Of the
Constitution particularly by duties and mposts, it Is
obviously impossible I" ascertain The proportion really
10 he furnished Il each State ard there is but one
MODE By which the compacts OF cess.oa be carried
into eject; that Is By the payment of the proceeds OF
the public land sales into the common Treasury there
~ essennG the amounts which have 10 be raised from
PEOPLE OF the several States, in exact proportion as
they contribute 10 the general char and expenditure
Ahaau 2h il is quite obvious that no such thing an
actual distribution of the proceeds Of the sales long
lie several ,.aes was thought of under tn Con
federation, vet there difficulty in asccrta.nIag
sc exact portions of r.iy given sym Tor which each
State was he credited; Congress had only to divide
according to tie proportions OF The lasi assessment
Eat il is no, 50 nnds uur present Constitution. Tn
der lie systcm al d;Eec taxation nov n use II u IN
possible 10 ascertain wha, each Smtc pays and 9
course impossible ascertain what proportion OF any
given sum- arising from the sales OF the public lands
should actually belong 10 il TO divide sach sun
,ong the States according TO tie terms Of cesson, is
therefore, impractcahle. The only way IN whci
these compacs can be carried into effect IS, BY paying
these moneys into The Treasury, where they will les
sen the amount 10 be raised by taxation, precisely a
intended BY the compacts. This view OF the sub)ec
seems TO your committee to De conclusive. The bind
ing effect of the compact s not denied On al! hand
thcy are admitted 10 lie as ooSelory as the tonstu
ION itself
If there be one wsv, and hn one, in which they car
b. executed in letter and spirit. i, admissible depar
from it, Is safe legal constitutional, 10 abandon
,aix plain path and bcwilder ourselves in the
CONSTRUCTION and assumption, under the pretence o
Iecn-.g eac.i State in other modes the dement's IN
tended by the compacts OF cession?
II we 10 adopt the population Of the States, o
the representative numbers, the lands of the Stot
or the entire property OF the States, the bass OF l..
trbution we should do it with perfect conviction tina
j would fail to the rights OF each State, &C
cordnp 20 the sompacts when tEern lies before
broad and beaten path, leading d. city TO that result
The evident object of al! the paci provisions
the subject of the public lands, 10 make them tn
property Of the United States collectively, and not
parately, and to the application Of the proceed
~ the common benefit, in the same manner othe
public money should be applied and not TO create
paru,e fans. for general or SPECIAL purposes As con,
mon property they have always been treated, and III
proceeds of sales have at all times, been paid into tn
Treasury ike any other revenue. The fact that, ate
the adoption Of the Constitution, Congress then
apart fund for the payment of the public debt con
firms this position.
That debt was charge upon al and each Of tn
States, according to the amounts paid by them res
pectively, towards the general expenditure as much
US The current expenses of the Government
II was the fact that the lands belonged to the Unite
siaes and not to the several States; that they
source of to the United States for general pur
pose- on which this pledge was based. Nor has tn
question received any shape in consequence of III
payment Of the debt for which they were pledged
That pledge did not alter or impair the compacts Q
cesson; it step taken in faithful execution Q
those compacts, and in strict conformity with their Pre-
visions
When the debt was paid, the lands stood in III
same position they did before the pledge made
The terms OF the compact controlled them still II was
and is, the imperative duty Of Congress to see tina
the States profit BIZ the sales in the exac; ratio of the
respective proportions of the general charge and
di,l,re, which can only be done by treating them
source of revenue for the ordinary purposes of the &c
rl~t o,,iry o5,h