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

called Congress- but II was more Ike congress VI
nations than like the present Congress OF Inc u >.
All the States however represented equal IN that
body, and had power to act coercveiy either upon
the Slaes the people of the States, IN the raising Of
revenue, the imposition of taxes OF any character
when money wanted for the purposes OF the CONF
mon Government, the Congress determined the sum
10 be raised apporoned il among the States according
10 rule established in the Articles OF Confeaefa''oh
ana called upon each State to raise its proporon III us
own way, BY virtue of its own taxing powers, ano
through the agency of it's affairs ii these facts are
borne constantly in mind, the language used IN The
deeds OF cession will be Ineligible.
The State of New York did ssccde transfer, and for
ever reiinqush 10 and for the only and beneht OF
such OF the States as are shall become parties TO the
Articles oil Confederation all The right, ttfe, interest
jurisdiction, and claim, of the said State Of New York
TO all lands and territories 10 the norhward and west
ward Of the boundaries 10 which the said State II
manner aforesaid limited and restricted and to be grant
ed, disposed Of and appropriated in such manner cnly
as the Congress of the SAID United or ConedeTa ~
States shalt order and direct"
The Legislature of the State Of Virginia in tie
authorizing and directing the cesson, enact that he
lands coded ''sall be considered fund os the
and benefit Of such OF the u. S. have become,
shalt become, members Of the Confederation, or Fede
raj alliance Of The said States, Virginia inclusive,
cordng to their usual respective proportions IN the ge
neral charge and expenditure, and shall be faithfully
and bona lc disposed Of for that purpose and for NJ
other purpose whatsoever; and her delegates
the Congress- in obedience TO that net, "trans!rr,
sign and make over, unto the T. 5. IN Congress as
scnbed for the benefit Of the SAID States Virginia
elusive, all right title and ciam, well of soil as fc
Jurisdiction, which the said Commonwealth hath TO the
territory, or tract Of country within the limits Of the
Virginia charter, situate, lying nd being 10 the north
west OF the river Ohio, 10 and the and pur
poses, and on the conditions of said recitcd act.
Such the terms employed ard such the estates
granted BY the States Of New k and Virginia. and
SuI al
one the other Of these forms in their cesslans sub
seqnently made All the FIVE States granted all they
had all they owned, and all they "c'aimcd, in the
lands coded hy them respectively, and what was that
It was al most, the sovereignty, the jurisdiction Of
Government and an appurenan to these the right 10
purchase The lands from the Indians. Perhaps would
be more technically proper say that The States grant
ed the SOIL the fee of the land, with the .creignty
and jnrsdcilon and the aPpur,rnnnt right 10 purchase
the possessoy interests Of The Indians The substance
IL the same, however, each State granted all il had
sail liz right, titlc interest, and 'eiaim in the Ian
guagc of the deeds.
Is there, them in any Of these deeds, any condition
of reversion; any specific appropriation Of the proceeds
o the lands, with remainder all any of the
States: None whatever. The grants were "for TIE
only and benefit Of such ot The States are,
shall become, parties 10 the Articles of confederation
"fur the benefit OF the SAID States, Virginia Inclusive
and the proceeds 10 be "a common fund for the
use and benefit Of such OF the IT, s. have become
shall become, members Of the Confederation, or Fede-
raj alliance of the SAID States, the granting State IN
elusive, "acccrding 10 their usual respective proper
lions in the general charge and expenditure The
States under The Confederation, paid their respective
proportions the Charge and expenditure OF The
mon Government by States, and zach to receive
from the proceeds oil the ccIsd lands share exactly
proportion 10 lis share Of the common charge In
other words lis proportion of that charge to be raised
by taxation upon its own citizens 10 be diminished
by It's proportion of The proceeds of the land, which
proceeds were 10 be- s'camnon fund for the bene-
fit, that way, Of all the States, parties TO the a
ancP. The common Government, the Congress, was
to "dispose Of tie lands, bu, for that purpose and
other. Such The state Of things under the COME
deration
The difficulties about these lands retarded the
summation Of the Con'ederacy The States which dad
not claim any Of the coded lands within their limits,
did claim right with the other States in them,
contendng tia, they not the separate property Of
certain States, bua part Of the royal domain of the Br
tish Crow By conquest 10 The Of the RevoIu
ton, at the common expense and peril OF all the States
parties 10 the war; and that they were thus, OF right
made tie common property ct all. The State OF Ma
ryland, though active and patriotic in the prosecu
ton of the her sister States, did not subscribe
to the Articles of Confederation until the day of the
date of the New York deed Of cession standing out
exclusively upon her claim to common right in these
lands.
The Constitution was formed in l7-7, subsequently
adopted by the States, they being the same States
which parties TO the Confederation, Federal
alliance, and consequently 10 the deeds of cesson, and
the new Government went into operation on the ilh Of
March, 1889 Still the ccssions were imperfect. The
States Of North Carolina and Georgia, claiming large
portions Of the Western lands within their respective
chartered limits had made cessons 10 the common
Government. They did, however, subsequently cede,
TO the Coniederation but to the Union at the fol-
lowing dates.
North Carolina-Deed of cession executed 25th Feb.
ruary, 1890
Gcorgia-Deed of cesson executed 10th June, 1902
The deeds from these two States were, in all mate
rial respects far this argument is concerned, SINH
lar TO those executed By the five States before named
They like the other deeds contain no reversonary
clauses no specific applications OF the proceeds of tie
lands with reminders to the gronting States, or
any other but expressly declare the ceded lands 'a
common fund" for the benefit Of the Union 10 which
they ceded
The fact that these States had not made cess;ons At
the time of the formation OF the Constitution, may ana
probably does account for the insertion, in that ins,rn
mcn, of The clause last above quoted, "and nothing in
this Constitution shall be construed as to prejudice
auv claims of The IT, s., or any particular State. =
What has been before sad will show that other States
did claim common right III tic unceded lands, not as
their individual and separate property but az the pro-
,er,v Of The nation of the Confederation before tie
CONSTITUTIONS of the Union afterwards Still the ced-
inp States claimed them their several property and
hence the language, that the Constitution should not
.prejudice any claims OF The y ), or OF any partcn
lar State" If this conjecture be we'll founded the
deeds of cesson from these tw States put at rest Tor
ever the "clams referred TO i all the parties inter
ostcd by the surrender and 'inqushmeni on the
one side, and the acceptance satisfaction on the
other. ,
Be ,l,t, however as il may there is rot, upon The
face Of any of these deeds, any ground for caIns IN
favor of any all Of these States against the y. >,
bcvond The obligation upon the latter 10 administer The
common fund constituted by the cessons for the com
mon benefit of the whole Union and the right Of The
former 10 have il 50 administered. Whatever may have
been the powers Of Congress under this fund, under
he Confrdrraon is not material, as the parties
10 the Confederation the same parties winch formed
and adopted the Constitution, and voluntarily merged
the old in The new Government with new, and differ
ent, and defined powers. The Congress under The
cannot look behind that instrument for
either powers prohibitions, not even to these deeds
of cess,on or any other act Of single State, or OF
the confederated States If possess any power over
this common fund constituted by the deeds OF cessnn
that power must be found in the Constitution, and be
exercised in obedience to It's provisions THIS VIII oe
admitted as to the cessons made subsequent 10 lh
Constitution and to the Union, and no man mas eyer
A ttnrf