Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1841-02-20
HOLE NUMBER 5o7.

upon the question OF distributing the surplus
venue; and that decision approved of by tho
late President. feel disposition TO open tho
argument OF the question, until the case shall a.
rise making 4 necessary for me TO DO | cen
tend that the proposed disposition of the proceeds
"a the Paoic lands. By distributing them among
me States according To population, evidenced by
their representation IN Congress, is the most con-
sutuiionai disposition that can be made Of them
and that iaIIh!al discharge Of The constitutional
duties OF Congress demands the measure proposed
The land question arose prior to tho adoption of
tho federal constitution. 1t was revolutionary
measure in its origin. 1t bears date anterior 10
that at which the General Government had tho
power oi levyIng tniposts on foreign merchandise;
ana hence II never was connected with that mode
Of raising revenue. The different States, during
tho H. oiu ;ionaTy war, had contracted debts
which The Confederation desired to sc Q liquidated
Many OF the States owned large tracts of Wild
iand-NngInia being tho largest proprietor, her
claim covering most Of the Northwest Territory,
now Ohio, Indiana, Illinois, Michigan and Wis
honsan. Cessions Of these lands wero made by
The proprietary States to the Confederation
That Of Virginia, which may DO selected 10 ties.
the question, after ceding her lands, prov ded tho
use to which they should be applied, follows
"fhcso lands shall to considered "A common fund
for the and benefit Of such Of the u. States rs
have become shal become members of Tho
Confederation or federal alliance Of said States,
Virginia inclusive, according to their usual re-
speciive proportion, III the general charge and eN-
disposed al lnt that purpose. and for other uso
or purpose whatsoever" The Confederation, be-
Ing mere lc1sc If States acting for The bcnei,
Of States, accepted the cession upon the terms,
and took upon Itself the trust conhled to it, la
1916, after the trust had been accepted by tho
Confederation upon the terms Of tho deeds e
coss!on, ana while It's execution was obligatory
upon II, the federal constitution adopted, l..
which provision was made for this very property,
the eye OF the convention evidently being drec-
ted tot. The 81 section Of the fourth article
provides that "ncw States may DO admitted by
the Congress into this Union; but no new State
shall he formed erected within the jurisdiction
OF any other State, nor any State be formed by
the junction OF two or more States, or parts Of
States, without tho consent of the legislatures Of
the States concerned, we'll as Of tho Congress.
The Congress shall have power 10 dispose of and
make all Eeediui rules and regulations respecting
the territory or other property belonging to tho
United States; and nothing in This constitution
shall be so construed to pre- udtce any claims of
the United States, or of any particular State."-
Here are ample powers conferred, aud expressly
Delegated 10 ougress over tho enliro subject If
the public domain, the object Of which was clear
ly % enable the General Government to act d.
roctly upon the subject matter Of the public lands
uncontrolled, except by the terms of tho const-
tuition and tho previous contracts and engage
ments OF the Confederation. These contracts
and engagements were expressly recognised by
tho first clause of the 9Th article Of The consii-
and eng gcnlenis entered into before the adop-
tinn of this constitution, shall be valid against
the JHttcd States under this constitution II under
the Confederation" Thus, you see, the contracts
and engagements of the Confederation of States
unde- tho Articles, were expressly recognised and
provided for by tho federal constitution Tho
question then arises, did the cession of tho pub
he lands by the States, and the acceptance Of
them by the Confederation, under the deeds Of
cesslon, upon the terms specified, and for the pun
poses declared, amount In the eye Of the law tot
''contract' or ''enga cement" on the par, Of tho
which was obligatory upon if?-
Can there be any doubt upon this point: IF not,
then the article Of the constitution which have
lst read provides for the very case, and tho OBJ.
liga tions Of the General Government now are
change Of government and the adoption Of the
federal constitution. The question then rGcurs,
what Inc obligations Of the Confederation?
This question must Do decided By the deeds Of
cession, and can be well answered in tho very
language used by the parties-to dispose Of these
Ia ds s'lor the and benefit Of such Of the u.
States as have become or shall become members
OF the confederation federal alliance Of tho
States, Virginia inclusive, according to their
al respective proportions in the general charge
ami expenditure and shall be faithfully and bona
fie disposed of for that purpose, and for other
purpose whatsoever | leave The constitutional
argument here, having ia my mind at least
sustained the constItutionality of the disposiIon
proposed OF the proceeds OF the public lands, by
" hich il would seem 10 follow tha; any other dis
position, except to make the trust fund more VAL
liable, since the discharge Of the revolutionary
debt, for which purpose they were coded, has
been in violation OF me declared object Of tho
trust, and consequently inrraciion Of that Sec
ton OF the constitution which have read, secu-
ring the involability Of the CONTRACTS" and sen
gagemenls" Of The Confederation.
The questions may arise, how do you maintain,
under this state OF the argument, tho grants Of
lands to the ne States and the distribution Of the
land fund not covered By the deeds of ccssion2
Nv answer 10 the first Is, tina, the clause OF the
constitution which | have read, expressly gives
the power of disposition over the property; and,
as a trustee, Congress has the power TO grant or
appropriate one part OF the fund to enhance the