Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-07-06


And what do those expenses include, according to Mr.
Norrell' All the grants to the Staes and Territories
ios all purposes whatever for public schools or roads
and canals, &C. &c. besides all the incidental ex-
pcnses of administering ,tle land ITSELF such as The
survey and The land officers yet, with all these items
;ncjod The cost Of the whole is not 500, 00G
rear INV aow this rate for 40 years, and what does
:, coma In S25 3D0,00O. To this add the purchase
mnnev for Louisiana and Florida which | place at
twenty millions and you have the grand aggregate OF
15 800, 900 WHILE in the same time the receipts ac
cordlnr TO Mr. Benton amount TO Sl04 ,o43 49o-leav.
inr clear and clean balance in our hands of So9,.
2i5 1890 that, so far from having been dead
weight, Il charge upon the Government, the public
lands have yielded 10 il an income exceeding hy-nn
millions Of dollars. -,
So much for the uentlcmans document. Yet still
he tells us the lands in debt. lie relies upon
private docu made up according to his own inter.
ropatories; rely on public printed document found
in the records Of your Government anu returned ~
the Senate by committee Of that body acting nnder
their oa,hs This hope will be sufic'ent 10 correct
ONE error which greatly dislike should go out TO the
co,n,ry | do not desire il should be understood by
the country that our public domain has been to this Go
yernment burden, instead OF source OF Proht NO,
sir from tina, it is we have been enabled 10 pay
of The debt ofthe Revolution besides much OF the debt
Of ,he&ar of IcI2 have been nllevated and we
have paid the public debts WITHOUT Expressing Tue III
dustry Of the country.
Gentlemen insist there is obligation upon US TO
look at the provisions Of the deeds of cesslon from the
States or TO administer the lands in conformity to the
stpulations there contained but INSIST That we are
under the same obligation now in lSil 10 proceed ac-
cordinu TO the stpuations in the deeds Of cesson,
far as il shall be practicable, the Confederation
were al the time The grants were made. To my mind
there is no distinction between the two. say that we
never can dispense with the obligation imposed upon
US not by the deeds of cesson only but by that Con
suon which, when we took our seats here, we swore
In annnort nrotect. and defend.
There Mr.. H. quoted that provision OF the Constitu-
ton which empowers Congress TO make rules and re-
guations respecting the territory of the u. )
Mark how carefully the language Of the nstru-
ment here guarded. proviso is inserted that our
rules respecting the territory shall not be such as
eudice any claims Of the IT, 5. or OF any partI-
cuar State. What equitable claim had Virginia 10
the immense empire she coded to us northwest OF the
Oho' None. Had Massachusetts none: ConnectI-
cut none? Had they not all claim on Congress
that the land they ceded should be disposed Of in
formy TO the grant That they should all receive the
benefit of the cession according to their respective
shares in the general charge aud expenditure Is Con-
gress at liberty 10 disregard tins clam: hold that
il is not | call the attention Of gentlemen to the
sixth article, which provides that all debts and en-
paGements entered into before the adoption of the Con-
s,uon shall remain as valid as they were under the
Confederation Now is to be inferred that the simple
adoption of this Constitution did of itself absove Con-
gress from all the obligation it had assumed : Was
Who will deny il; And who then can deny that Con
cress is still bound to administer the public lands in
conformity to those deeds of cesson under which It
received them, | ask not what high authority may
have asserted the contrary. ask not whether Mr.
Webster or Mr. Clay has has not taken this ground
lock at the Constitution for myself hold that am
able to understand plain English and from what read
satisfied that the obligation OF those acts IS binding
upon far as it now practicable for us TO comply
with it, Is Congress absoved from all obligation aris
q - IJx,,I "a
in 1887, undertake TO legslne northern boundary
for the State OF Ohio, which went to cut oil range
of almost townships from the State OF Michigan
The boundary settled under the ordinance OF l1-1
But Congress had not sufficient confidence in lis
doctrine, and they made the legality Of their act in
some sense dependent on the action Of the people Of
Michigan deciding whether they would consent TO the
boundary not A Convention was accordingly called
The act Of Congress was laid before the people, and
the whole question was argued on both sides with no
little abty-neyertheless, the Convention decided in
the ne gative, and rejected the boundary which Con-
gess had Professionally laid down. Soon after, another
assembage Of the people, altogether irregular and in.
formal, and tumutuouS, assumed To itself The
name Of Convention, though the persons who formed
Il elected without the solemnitcs oil law or the
Obligations of an oath, and with none OF the qua
ltcatons If poters-it was, III fact, mere caucus
II assembled at Ann Arbor, and decided that il
would accept the boundary described in the act. And
on the action of this unauthorized and informal assem-
bly, the State of Michigan was admitted into tins Con-
federacy The previous refusal in -3G which had been
declared Convention assembled in all respects
cording law, TO former President Of the
United States, (Aartn Van Buren, who took no notice
Of Whatever but the party and the pcftys Executive
no received the account of the decision by the
tumunary caucus at Ann Arbor than they declared it
the solemn of the People Of Michigan their prl-
mary assemblies, and she forthwith received into
the Union. We said that the boundary compact be-
tween the States could not be violated and Just such
an obligation, contend, binds MS in regard 10 the
public land. The Legislature of Michigan took the
counsel ofgen,lemen learned in the law. They sub
mitted the question TO no less authority than Chan
cellor Kent and James v Ogden of New York,
whether the act changing tho Southern boundary of
Michigan was or was not constitutional. And what
was their opinion Did they assert that there no
obligation resting upon Congress in relation TO the pub
lie lands: That they held these lands uncondton-
ally, to do respecting them just what they pleased;
No, sir, Those eminent jursts sanctioned no such
doctrine.
MIR. CLIFFORD here interposed, and inquired
whether the gentleman from Michigan assumed that
Mr. c. had advanced the doctrine that the Constitution
authorized Congress 10 violate the contract made be-
tween tho old Confederation and the States:
Mr.. HOWARD replied in the negative.
Mr.. CLIFFORD. lfthc gentleman assumes tina,
said that Congress might violate any contract what
ever, he has entirely misunderstood me.
MIR. HOWARD. understood the gentleman 10 ad
sttution which authorizes Congress 10 make rules
speeding the territory of the u s., Congress may dis
pose of the public lands Just it thinks h altogether
irrespective Of the deeds of cess;on.
MIR. CLIFFORD. Not at all. | advanced no such
opinion.
Mr.. II. Then confess did not understand what
the gentleman did mean. now understand him as
concedng the law of the case, and admitting that Con
gress cannot dispose Of the public domain for any and
all purposes may please, but that there is controlling
force in the provisions of the deeds Of cesson. Now
insist that according to Democratic doctrine, it is the
duty Of Congress to pay the debts Of the IT, s. and pro-
vide for the defence and general welfare, not
ont of the funds raised from the sale of the public
lands, bat raised IN the mode the Constitution itself
PRESERVES ln raising them namely, By laying and col
Letting taxes, duties, imposs, and e&clses. do not
object to The reading which strict corstruc,ionsts
give to this clause of the Constitutions namely that tie
duties land and collected must be for paying the debts
of the Union and providing for the common defence
and the general welfare but say that laying and col
lec:ng is the mode and that selling the public
lands 30; The mode provided in the Constitution for
these objects.
ID I gentlemen n Sho. mo anv clause AUTHORIZING