Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-05-28

PROCESSION Of the lands or distribution OF their pro-
cseds.
Had this assumption that the lands were ccded for
the specific purpose of paying the debt of the Reyo
luton any foundation in fact The assumption,
far as he had been able to ascertain its foundation,
rested upon the resolution Of the old Congress, OF
the 10Th Of October, loo0 That resolution was in the
following words
Reice That the nnapproPria,rd lands that hr coded
rrinuiSr ned states by particular State pursu
the recommendation Congress OF The 9th day Of Septrm
Der last shall be dpsea@ for the common benefit q The l. -
and be settled and formed nlo distinct republican states which
shall become members u The Federal non and have the
tights q sovereignty, freedom and independence a. the other
suitable extent of territory not less than one hundred nor more
"n" will a ADMIT my 1a t' n". and r,ana
zach particular State shall airs incurred tho
maintaining forts qrrio"s and for dteace,
qara part II II, Trorg t. eid ensaisaed
tte S. ssa be reimbursed That the ad Lands shall be grant
ed settled such and under snc regulations shall
ornier be agreed by The L. - in Congress assembled,
! sDy nine or more OF them"
Here promise Of specific appropriation Of the
proceeds of the lands, other means Tor certain OBJ
eCt namely to reimburse the States The necessary and
reasonable expenses incurred by tiem after tile cont
\ cienccment o! the var, IN subdu!ng British posts
whit, the ccdcd tcrIiory-in maintaining tnrs and
garrisons within and for the defence o! tie coded ter
rtory, or in acquiring any part OF the coded territory
These items OF expenditure were made claims IN favor
OF the States against the I. s, but not claims upon
the lands particularly. They to be CLAIMS in IA
vor Of the particular States mourning the expenses
against the common Treasury, aud might be paid from
the proceeds 81 sales OF the lands, from any other
means, the L. 5. should choose The cessons
not 10 be made conditional and dependent upon the
payment Of these expenses, and no such condition s
found in any Of the deeds Of ccsSon Yet this
sort Of specific obligation connected with The cessions
but pay the debt Of the Revolution, any por
ton oft which was charge against the common CO.
vernment Ii simply an obligation 10 pay certain
spec fled expense which had been incurred during tho
war, by particular States acquiring the land, de-
Tending il.
While. then, this resolution furnishes ground for
the assumption tina, the lands ceded for the spe
cfc purpose Of paying the debt o the Reynuton wnh
any lera or equitable rcrerson 10 the States,
naindrr the proceeds after the payment # that
debt il does furnish in this very stipulation - rem
bnrse the ccdng States all the expenses incurred by
them in acquiring and defending the lands the strong
est circums,antia evidence that such rcvcrsion
remainder either equitable legal, was contemplated,
and that other obligation or Indebtedness was con
iracted by The common Government TO the States than
tina, mentioned and directly assumed. That Obligation
has been long since discharged. Those expenses al
the States assumed and paid by this Government,
together with their separate debts contracted 10 carry
on the Of the Revolution, and both together form
I'd part Of that mass d. national debt which this Co
yernment has finally paid. No claim, therefore, IN ia
vor Of any State, be sustained upon this part
Of the resolution and other of pecuniary cha
raccr incurred by II.
The deed of cesson Of Massachusetts makes
press reference 10 this resolution and declares that the
-
4 reference is made in this resolution to recommends
ton of Congress Of the 9th Of September, 1850 That
is report and resolution adopted in consequence ~
certain instructions from the Stale OF Maryland 70
her delegates respecting the articles Of Confederation,
and containing declaration as 10 her common rights
in the lands the act Of the Legislature Of tie State Of
n York authorizing her ccssion, and remoEstrancc
from the State Of Virginia, upon the same general
subjects all before Congress at the same time and
all referred 10 the committee OF the body, "hch
II, snd ~
way Of recommendation the States here referred
TO- This report and resolution IS no other way
important, TO this d,scussion than 10 show as par.
of the history Of the period, that the cessIons from
the States were urgcd--not so much on the ground
Of the pecunary benefit 10 be derived to the common
Government, TO promote harmony among the States,
10 perfect the alliance and bring into the Confederation
the State Of Maryland, which State declined To sub
scribe II the Articles of Coniederaton, consequence
Of d llcrences about these lands. A reference hs
report was him matter Of the highest gratiica
ton as il presents the State winch he has the honor
part 10 represent here, foremost IN the exhibition OF
that patriotic libernlty which did finally perfect the
alliance cement the Union Of the States and oad 10
the glorious consequences, the blessings Q. which We
now enjoy.
Nothing, however, is found in any Of thes" proceed
inns upon which found the assumption that the ces
sons were made for the specific object al paying HE
debt Of the Revolution; but, the contrary, the
nor, and both resolutions, cbut that assumption d.
recy ard exhibit other aud higher Objects moving
the States those granls-nbJecis connected WIN The
harmony of the States, .he Union OF the States and,
queny with their success IN the fearful strug-
ole winch was 10 determine the question of our nde
ne NJ existence as nation. He felt authorized to
conclude therefore, that this assumption had no foun
da,ion in fact and could be sustained by the history
Of the TRANSACTIONS and it falling the assumed rights
Of cversion ofremandcr in tine States to the lands, Or
their proceeds supposed 10 now from ana rest upon ~
must fall with it.
Still another ground is assumed, however, and that
is that an equitable right 10 the nett proceeds Of these
lands after the payment Of debt OF the Revolution re-
suits in favor Of the States, Notwithstanding there are
no the deeds Of cesslon or in any OF the proceed
inrs on the par Of the States OF the u >, any terms
or conditions Of rrverson. any reservations 81 remain
ders or any specific application OF nc fund 10 the pay
ruent If that debt THIS broad assumption Of an equity
would require examination III various aspects.
The frs, step IN tins examination would seem 10 HIM
10 be to inquire what parties THIS tgutt0die reverson,
or rio not claimed as matter OF aw or OF far legal
inference from the deeds, but general efuiiy, with
out specified foundation, would enure, case The
rjph should be recognised: Could II be To any other
parties than those making the grants: lie thought
not Ii was found that there reveTsIon III
terms and remainder reserved, either To the cediHE
States or TO all the States, and the can one 81
mere equity without legal foundation and sad 10 re-
suit from the convevances Could such clam result
to parties known not thought OIL not IN existence
at the time the grants were made: lie aamitc6 me
right Of any gTantor OF an estate 10 secure remain
p'iA''
whether in existence or not al the time oihe grant but
he could not Of resulting ifeGi right, much
less Of resulting rqtH, to an entire stranger 10 the
conveyance to one OF whose existence the granor au
no, thought and towards whom there could have been
no intention of making The grant The claim IS thu;
of legal, equitable consequence ii . rested
upon the assumption that the estate conveyed, was
mere trust, that the have been fulfilled IN me
payment, ofhe debt Of the Revolu,lon and that; m the
absence Of other express provisions, revers'n 'ga!o
10 whom.
To nnv but the rran,ors: Certainly not IT was com
uetcn for them 10 have secured remanders and rever
sions 10 whatever parties they pleased but Is admit
ted that they did do TO any parties by the terms
of their grants IT. therefore, any such resulting right
can be Sustained must be in favor Of the seven c'd
nr States only and upon the principle that whatever
emains from an estate granted, beyond the full pur
nose and object Of the grant, az well By legal as by
o,tabc nsequcnce revets to the grantor. In other
words what not granted IS retained, and when tie
rrant satisfied the remainder, if any, rests where It
did before the grant.
If this position be wrong, and the deeds Of cession