The Middlebury people's press. [volume] (Middlebury, Vt.) 1841-1843, 1841-08-17

that their obligatory force was maintained oy
that instrument; cited the deeds from North
Carolina and Georgia, both of which, he said,
were made after the adoption of the Constltu-
ton, and both of which contained language
similar to the language Of the deed of Virginia.
I He said that il was clear that the lands were
convened to a common head for a separate
use, or why was the ceeding S1tesincluded' In
terms, by name, in the use " vtrgtatd ,hclu-
siye," Georgia inclusive" These states
were both members of the Union, or Feceral
Alliance. Why did not the deeds stop win a
mere conveyance TO the Confederation or u
the General Government, if no separate use
was to be created? lie asserted that the DIS
tribution of the proceeds Of these LANDS was
subject to the demand o: the States through
their REPRESENTATIVES in Congress.
Mr.. :. next looked into the subject as TO the
lands net embraced by the deeds OF cessIon.
He said these lands came clearly within the
provisions of that clause in the Constitution
which gives Congress power to dispose OF the
public property Of the United States main
taiped that the power over this property was
annie and unlimited, except by Congressional
| al discretion that such had been the whole
conrse of action since the General Govern
ment had taken jurisdiction of the public lands;
nointed to the compacts with the States, and
The grants of public lands for all the uses 10
which they had been directed by Congress- as
being alone based on the unconditional ano
simple powers conferred upon Congress over
the subject by the Constitution. lie maintain
ed that The power of disposition over the lands
was a power over The funds arising from that
disposi,ion. in the absence of a constitutional
direction 10 the contrary. In that respect, he
contended that the proceeds of the public lands
differed from the proceeds Of imposts. In the
former case. the power was unconditional over
the proceeds, while IN the latter the use was ex-
~pressIy declared by the Constitution.
Mr.. S arrived at the conclusion that Con-
gress was bound 10 distribute the proceeds of
the lands covered by the deeds of cession, and
was at liberty, under a sound discretion, 10
distribute the proceeds of those not embraced
by those deeds. lie urged The expectancy of
the measure by al! the considerations that be-
longed to the subject. He examined the pc.
sition, that lie said had been urged by Senators
and others, that the public lands were indebted
10 the Government upon an account stated
He showed from tables, estimates, and calcu-
l~ations. that the lands were over 500, O0O 1000
creditor, even in a pecuniary point OF view.
lie read the report Of Mr.. King, of Alabama,
made in 1882, showing the gross errors ofthe
charges that had been made against the public
lands stated that, taking the estimate of .hr.
( King and the table of the sales of the pubic
lands since that time as the credit side of the
account, and deductingE the just charges a.
gainst the lands since that time, the result
would be found as he had stated it. He read
tables to show the amount received from the
sales, the present quantity and situation of the
public lands, and said he thought the sales
might average So, 000,0 900 annually.
Mr.. S. examined the position that had
been, he said, ccntended for by the OPPOSITION
to distribution, that The proceeds of the public
lands should continue to form a portion of the
general revenue. He denied that doctrine !;
showed that it had been given up by President
Jackson and others contenGed that The public
lands could never be looked TO as a permanent
source of revenue that The sales were TOO fiuc-
ruating and uncertain, ranging from $3.50, III to
S25, 167, 1873 a year. He had been informed
that it was a part Of the compromise act that the
tariff should be brought to the revenue standard
with out the aid of the land funds, and that in
formation was greatly strengthened by the fact
that the land bill was passed before the comprom
Use act of 1888.
He next noticed the objection that the distri-
button was for the benefit of British holders of
State bonds; and those who assumed that po-
sition did it upon the hypothesis that Ne indebt-
ed states would prove faithiess TO Their creditors
without Ilsy received their STARE of the land
fund. but. if the distribution took place, they
would maintain their honor. He commented on
this view Of the case, & argued its absurdity. He
maintained that the States were entitled to their
Just r ghts, although it might aid them in paying
IL part of their debts and he envied not the
american citizen who desired to see either the
States dIshonored or their people ground to the
earth by direct taxation SAID the debts of the
States were once paid directly by Congress,
and he was surprised 10 see Senators whose
States had received the benefit Of that payment
hOrrified now lest the States might pay some
part Of the money distributed 10 their creditors,
in lieu of increasing the taxes on their citizens {:
said 1t was no obiecti on in his mind that Justice
and relief were united in the measure.
Mr.. S. then remarked upon the declaration
that had been repeatedly made, that the people
were not represented under the last census. He
SAID there might be some force in the argument
II the proposed measure was in orosifion TO the
public will, as declared at the last election, but,
as 1t was not, he could not see the force of the
o~hJection as an argument against the BILL. He
maintained that if Congress was the true ex-
Pohent OF Inc puOllc Will at this time, the b i'll
would pass the Senate by an Overwhelming
majority. The public voice was loud and dis
tInct In is favor. The tables of the Senate were
loaded with legislative memorials calling upon
congress Tor The measure, The President had
made 1t an object OF his special notice and re-
gard. MIR. S. sutained it as a measure due to
the West as Just and generous 10 the Old States
as well as the new.
He adverted TO the pre-emptiou pant of the
bill said it Was well guarded would Inure TO
the benefit of the actual settler alone. He de-
cllned 10 go into an examination of the details of
the bill. as he should give all necessary exDlana-