The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-02-20


OF the Confederacy and very ingeniousy attemit TO
deduce from these acts of cesslon the power make
Distribution Of the public lands coded by them. l will
examine this proposition very briefly, That part Of
the act of cession Of Virginia, passed on the first day
OF March, 1854 which is 10 determine this question
is in the following words That all the lands within
The territory coded To the United States and not
served for, appropriated TO any OF the before men
TONED purposes, disposed ofn bounies TO the Off
GERS and soldiers Of the American army shall be con-
sidered as common fund for the and benefit OF
such the United States have become shall be-
come, members Of the Confederation or federal al
lance the said States Virginia inclusive according
Their usual respective portions in the general charge
and expenditure and shall be faithfully and bona ide
disposed Of Tor that purpose, and for other
purpose whatsoever These words are preceded by
several specific appropriations and are introduced for
the express purpose OF controlling the appropriations
OF the surplus OF the coded lands which shall remain
after satstyngthese specific appropriations The sur
plus, thus remaining according the terms Of the
act, 10 be considered fund for the use OF
such Of the United States as had become or should
become members Of the confederation which then ex-
isted, Virginia included The words common fund.-
simply mean that these lands should become the pro-
perty OF the Confedeacy for the of the Confede
racy and not joint stock fund for the use of each of
the States in their individual character II is to be
used for the benefit of the Confederacy and the Con-
ederacy only; 10 relieve the States of the gene
raj charge and expenditure to which they were liable
for the heavy debt incurred during the Revolutionary
War and for the amount of the expenditure to which
they liable for the support and maintenance ofthe
Government Of the Coniederacy. This is all that is
intended by the act of cesson and this the fair and
natural import of the terms employed. When il is
membecd that at the time Of the passage Of this act
the Government of the Confederacy had no power
whatever TO collect revenue either by mpos excise,
direct taxation otherwise, bu, had to rely upon
questions the States in proportion to their repre-
sentatIon to discharge the heavy debt with which il
was burthened and TO meet its annual expenditures
The object of this cession and the Interpretation of
the clause which have cited are too obvious for doubt
augmentation. The restriction contained in the
clause simply intended to prevent the local par
tal application of this common fund to the separate
and distinct benefit of any State or portion of the
States The object was TO provide +" common fund"
to relieve the States from common charge and pay
a common expenditure and cannot well imagine,
considering that our Government was mere federal
alliance poweress and penn less, without the aid
and support of the States, how the trainers of
The act could have employed more appropriate terms.
If the trainers of the act had contemplated that
there would have remained surplus out of this
surplus to be applied to the individual and local
concerns of the States | feel very confident that
they would have been cautious enough to have made
specific provision for such result but their not
having done so, is conclusive proof TO my mind that
they did not design it, From the passage Of the act
through long series Of years the Congress of the
U nited States, both under the conederacy and the
Mon, has been acting under the influence of this
Interpretation in approprating the proceeds OF the pub
lie lands and see no cool reason for reversing at
this late day In aid OF this view Of the subject will
refer another fact, which regard conclusive Of
its correctness. The trainers of the Constitution hav
ing this whole subject before them, gave to Congress
the same power the coded lands that they did
over all lands which the Government then held or
might thereafter acquire and that simply to pre-
scribe proper rules and regulations for their manage
ment and disposition There is not word nor a
timent which indicates that the trainers Of the Const-
4 A l.L-
the local use and benefit of the States. The power
conferred these lands is precisely the same con-
ferred all other lands and if the be dis
tributed, the other From these considerations
my mind has to the decided conclusion that the
distribution of the public lands among the States for
their local and pirate use is not justified upon any
principles of expedency, not warranted by the spirit
Of the Constitution and not required by the proyis ons
of the act Of cession. There is more safe, more
just profitable disposition Of the public lands
than to bring their proceeds into the public Treasury,
and TO relieve the people 10 that extent from hur,hen
and oppressive AVIATION upon those articles which
necessary to them.
But Mr.. Chairman notwithstanding my opposition
to distribution, was not little surprised to hear the
gentleman from North Carolina Mr.. Shepard) im-
pugn the title of Virginia to the ceded lands After
entering into compact with her-acccpting the ces
sion and executing il according to IFS very letter, tor
more than half century see no proprety in the
Government of the United States impugnng the title
by which she holds these lands 1t is very singular
position, that while we are acting by virtue of this
cesson, disposing of these lands and erecting new
States in conformity with its provisions at the
same time denying the title by which we hold them !
Did the gentleman from North Carolina reflect what
effect his argument might have upon the future ro-
cal balance, betu cen the North and South in another
body, if his argument were true If he did not |
pray him to reconsider II
The next subject which has been introduced into
this discussion is that Of protecfire tariff II is mat
ter of extreme regret to me that subject OF SO much
decacy and irritating character should nave been
introduced ut a time and under circumstances when
there could possibly be action upon il and il is
matter of more regret that any gentleman on this oor
should have indicated purpose, at a future day of
breaking through the principles of the Compromise
Act of 1892 and reopen this fountain of bitter and
agtating waters.
Mr.. BARNARD here asked permission to say
word by way of explanation. Mr. GARLAND yielded
the floor for this purpose.
MIR. BARNARD then said, in substance That
he found himself alluded TO now, and he had been
frequently before in the of the debate having
proposed and advocated in his speech the bill now
before the committee, protective tariff and high pro
tective tariff There was entire mlsapprehenslon and
error here and apparently growing misapprehen-
sion and error, which he thought il time TO correct
He had made proposition, nor had he advocated in
his speech high protective tariff or any protective
tariff whatever His proposition looked TO revenue,
and to only, and not even incidentally to pro
lection
NV motion (said Mr. 3D. was to strike out the
enacng clause of this bll-and that is the whole of
the motion. accompanied this motion with notice
which disclosed the object of it, II was, that, Il the
motion prevailed would move the House TO instruct
the Committee Of Ways and Means to bring in bill
to borrow $40 600 600 the issue Of bonds script
and also bill TO lay duties articles now admitted
free of duty such wines silks spices and other artl-
ces being luxuries-but all within The terms and POI
Icy of the Compromise act This was my notice;
and is, suppose to that that reference is made when
il is imagined that have proposed to make new la
riff for protection.
Sir, have proposed nothing of the sort, did
in all my speech from the beginning to the end advo-
cate any measure of the sort, found, as thought,
that the Treasury would want $l0000600 in 1871,
"A aLo all / proposeu IN