Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-12-25

the GortTR0r Message as relates TO the Distribution
Of the Pubtic Lands. ~:
The Committee on Federal Relations have received,
together with the Governors Message, communications
addresscdtp the Executive Of this State, on the subject
of the dibution Of thee pceeds of the sales of the
Public D&na71 Of the u. States, from Pennsylvania,
Massachusetts, Rhode Island, Kentucky, New York,
Delaware and Indiana.
In all these communications, these States express
their approval of the scheme of dividing and paying
into The treasures of the several States the proceeds OF
the public lands
The RESPECT we have for the deliberately expressed
opinions of-osH. sister States, has induced your Com
mitee TO givesto their communications the most calm
and cautious considerations 10 weigh their reasons, ex
anime their facts, and form dispassonate judgment
upon them.
Your committee having done SO, have come TO the
conclusion that the facts which these States rely to
support their concentrations, lmperecy stated,
and hat the differences drawn from those which are
correctly stated, not warranted by sound
IS conceded No., he lands now owned by the u
rescued from Great Britain by the Revolution. Second,
the soil Of Louisiana and Florida, and all that is nclu-
ded in the treaties ccdng those territories II IS also
admitted, that the Revolution which extinguIshed the
title Of Great Britain 10 the back lands, was strug-
gle in which the old Thirteen States united, with more
or less power and effect: and that the funds which paid
for Florida and Louisiana were derived from the ordl-
nary revenue of the u. S. Your committee also ad.
nit that the general expressions used in the ccssons
Of the several States in part correctly stated But
still all the facts not brought to bear together upon
the point, and the results insisted upon are not larry
deducibe. Your committee think it due TO the re-
spec,!ul consideration which they entertain towards
those States who have communicated with them, as
we'll 10 the gravity OF the subject ITSELF to give as
fu! vie Of the Of their dissent from the 'Il
making distribution of the public lands, az the decisive
opposition they propose to its provisions demands Ihe
first subject is the right of property the Crown lands
Under The old confederation, II was questionable
whether Congress such distinct body polic as
to be able TO hold lands. Necessity, however, com.
PEELED them to the right. All question ceased
with the formation of the present Federal Government
which is unqucstlonaby body corporate distinct from
The States political bodies, and capable OF holding
real and personal property The United States oil Anne
RIGA distinct person or corporation from the States
themselves. The vessels OF the Navy belong TO lhe
u. S. of America, and although belong TO the Ma
tonal Government, they used for the common be-
nef of all the States still the property in them does
not vest in any one or in all the individual States Tor
partition.
This principle lies at the root Of the whole matter
The confederation, from necessity, usurped the luhc.
tons Of State or Sovereignty. The present form OF
government established the United States as Nation,
and as such, she is recognized by all the powers and
princpates Of the earth. 1t may be safely stated,
that the back lands never PRIOR to any cesson belong
ed TO any Of the individual States, except those few
who claimed them as included within their charters.
All the right pretended by the other States, arises from
the cesson by the claiming States. The very dawn OF
our country was cloued by this question OF the West
ern lands Two years after the Revolution began,
nroposiiion was made in the Continental Congress- that
it should have power 10 settle and INK "the limits 81
such States as claimed to the Mississippi South Sea-
by virtue of their original grants or charters and that
the lands beyond such limits, should enure 10 The bene-
fit of the United States that is, the new government
This measure was negatived, and it was proposed
that CONGRESS should "x the Western bounds OF eacn
IN. I1ud Le,o
ne,c SUITS The historians Of that day, say that when
l77 zone Of lie o6icciGGhsa 81 yrfFf qRdePas6d
some OF the other States that the Western lands
were not secured far tic benlft Of the Uaion that il,
the new body corporate substituted for the British
Crown, and now the United States OF America-one OF
the best articles of that day, after full argument
stated awe are therefore, greatly disappointed IN
finding no provision made in the Confederation, en-
towering Congress TO dispose of the Crown property
rescued from Great Britain, but especially the vacant
and unpalened lands, commonly called the crown
lands for defrayng the expenses of the war, anu
for such other and general purposes Such lands
sshoud belong the Congress, in trust for the use
and benefit of the IT, S." The jeaousies OF the States
owning no territory, were so strong, that the COME
deration even would hardly have been effected; and
after battling with England during bloody war; the
senarate States would have formed petty alliances
These lands were the source of the NEST lnvcterate
beart.Lurnngs and 10 effect the first unlon New York
led The way in 1870. AS much stress is laid upon tile
language of these cessons, to prove that they were
made in trust TO distribute these lands among the ndI-
vdua States it must De remarked tat at inns pef'oo'
there was no admitted Union, no Body Polite, no v.
s. the struggle to form one, and this stale oil al
fairs fully explains the aluson to the States, winch
meant only that these cesslons should ensfe TO hs
Union composed Of such States as might adopt Tie con
federation Thus, New York, in that part oil her ces-
s;o, ybcb includes the habendum and uses says the
territory thus coded sshoud be and for the use
and benefit of such of the U. s. should become mem
here ne the Federal alliance Of the said States, and Tor
no other use and purpose
Tins looking to the future Federal Government, and
cri,;nr of such States as did not join the alliance
Not word which indicates parillon-no such WORDS us
sereroyiu and respeeiireiyn fact the contest on the
suhec was that these lands belonged to the new Go-
yornment. as the successor Of the British Crown
afer This act Of New York, Congress, on 9th Sepem
nor 1850 addressed circular, urging The cess'on OF 'e
claims of the individual States, as essential TO pubic
crodt ard confidence the support OF our army, TO Inc
ygor of our councils and success OF our :.
o1 tranquility at home and reputation abroad, 10 our
rory existence as free, sovereign, and independent
naonle-"a subject interesting to The Cntcn STATES,
and so necessary TO the happy establishment Oh .e
dar,I Union" Not n word or hint OF pasutionlng
,mong the States. Nay, to put The matter beyond
d;s,nie Congress, "to induce the States 10 make oe
vi crssions on 10Th October following, declated, that
h Territory which might be thus coded, should be DIS
nosed of for the common bcnf Of The oaton anu io'fo
into republican States, WIN lhe san'e ill., ,Lo
r.;ontr. freedom and independence, as the othcr
States Here no mistake can arise In the net Of
1850 Congress then kept toge,he, only BY the press
urc Of a common struggle, held out ITS nducemem. los
\ cesson of the Western lands 1t was The common
benefit uefl Of The Union-,hr National Government and
to form republican States On this invitation sst sI In-
mia, on I'd January, ISL passed an act TO ceae ner
lands All this was in the midst Of the Revolutionary
War Let us now turn to the language Of the deeds OF
cession themselves; that of Virginia, alluded to- is
lln ~ p
seots convey transfer assign, and make over unto me
d. S. in Congress assembled, for the benefit OF san
virginia nsasrs all s sh to- snd 'R S1 ' Ss uses
I md on the condition OF the act Of VlrSl.
By recurring to that act find these
declared these lands to be conveyed "f0 e
S,,n.. and all RIGHT title and claim, well OF soil as
Has which this hath to the ter ter
gtory or tract Of country within the limits OF the VIZ
GINA charter situate lying and beng TO sne nd non
vest of the River Ohio, subject TO the terms ana con
,;ons contained in the above rccited Act oil Congress-