Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-03-08

with him as TO the mode OF doing il. He did not
think that the proposition to cede the lands TO the
States IN which they were situated would remove
any OF the evils they had reason to apprehend
from suffering the question to remain open and
undecided. Passing by all other objections to the
lproposition il was enough that the cesson propos
ed would not create the relation debtor and credi-
tor between the new States and the General Gov
ernnent; relation above all Others to I've depre-
Gated and sudiousy avoided. Besides, fthe now
Staes without ccssion, would insist, as has been
I said, without even II plausible pretence Of right
upon having all the lands to themselves to the ex
cluson of the old States they would he quite as
likely, after cession TO insist against right, upon
Keeping to themselves all the money which the
lands Produced
In the opinion Of Mr.. p, the only plan which
seemed to he at the same time practicable, consti-
ltutional, and likely to settle the question finally
aud satisfactorily, was distribution Of the pro-
cecis of the lands among the States. A division
IN far and Just proportions among the States could
nor fail to command general acquiesence TO Sc
cure general appreciation, and give general salts
faction would pat All end at once aud forever
TO dangerously disturbing and dstractng ques
ton There would no longer exist among politi-
clans any motive for agitation on the subject 1t
was moreover the only conservative measure
the only measure Which would preserve the pub
lie domain, save this great interest of the country
from spoation, aud secure permanently and for
generations TO come its benefits 10 all The States.
II had been said, among other lhings, in oppos-
tIoh to the measure, that il they tod liom the
Treasury the revenue arising from the public
lauds, for the purpose of distribution, they would
he Obliged to provide in way for The decien-
cy II would occasion and that it would be idle
ana ioplish to distribute the money among the
states, and then Impose taxes to supply It's place.
Mr. Prehtiss would frankly admit that the reason
in OF gentlemen would be unuis wcrable, aud he
should feel himself bound to vote against disrihu-
nur Inut ri ri, III.
lher to distribute Gr retain the proceeds of the
lands at ITS discretion md the question was sim
pya question whether so mucb money should he
retained OF distrb ucd, and nothing more. In his
view the question went far beyond that, and in
f VOWED other and higher considerations II was
question which agilnlcd and distracted the coun-
: CHS OF the nation, and affected ble peace, tran
guilty, aud harmony OF the Union. II was on
hlgll considerations of public policy, for the sake
OF settling the question, and ut The same time Civ
ing TO the States what rghtniy belonged TO them,
thar he was in favor OF distributions 1t was his
deliberate opinion, long since formed and settled,
that the States were fairly and justly entitled to
the proceeds of all the public lands embraced ia
the compacis of cession. lie had given the rea.
sons Tor this opinion on former occasion, and he
did not know that he could add any thing, either
new or MATERIAL 10 what he then said. He then
considered, as he now consideret that the ques-
n tion depended upon the terms oi The deeds ofces-
: SION, connected with certain provisions of the
. Constitution
$ The deed from Virginia, the leading and most
important deed and the only one material to he no.
tced, declared that the lands coded "snll be con-
sldered as common fund, for The use and benefit
/, OF such of the United States as have become or
: shall become, members of the confederation or
federal alliance of said States, Virginia inclusive
according to the usual respective proportions in the
: general charge and expenditure and shall be
f faithfully and bona .fde disposed of for TINT pur-
III axAl.
it 1t would be difficult, giving to language lis fair
i and legitimate sense to make this clause any thing
,, more or less than declaration of trust in behalf
y OF The respective states composing the Confeder-
alton. Such was its obvious import and meaning.
c The words "for the and benefit of such of the
It United States, &c, Virginia INCLUSIVE" could be
: regarded as nothing else than declaration in
e terms that the cession was grant to the Use of
Il the several Suites But not only was the use de-
It cared to the States ms States; the proportion in
e which the States should share in the use also
s declared. A rule given for apportioning the
S lund among the States and the insertion of a
= rule OF apportonment, of ITSELF necessarily impli-
ed several, seperae interest in the States in the
J. common fund. They were 10 Share in it "accor-
ding to the usual respective proportions in the gen.
eral charge and expenditure : that is, they were
If TO share respectively in The fund.- each State have
d ITS proportion, its dsirbutve share, according 10
e the ratio prescribed. This the plain import
70 OF The language used and there nothing in
ID The words " common fund" which at all varied OF
l. IN any way qualified the meaning. In tie case Of
e giant 10 A, in trust for the and benefit Of b
ID Z, and ID, the fund would he q common fund
d whether SO declared or not, but the beneficial in
l. terest would be several Nor was the meaning a
10 MI effected, as some had contended it was by the
IT, words in the concluding clause, "and shall be
r faithfully and bona fde disposed of for that pm'-
: pose, and Tor no other use or purpose whatsoever
ST Disposed OF for what purpose The words re
I'm N dant
OF aud supposed The substantive object Of the gran
Oh TO have been previously declared and stated. Ano
a what was II! why, 10 form ga common funt
at for the use aud benefit ofsuch ofhe United States
Ell NC, PHginia ,nctuSre," sc. That WINS the de-
cIared purpose of the grant, and that was the pur
pose for which the lands were required TO be sold
il The words according the usual respective pro
he portions in HE general charge and expenditure
ire were Used, not TO designate the Object purpos
N OF The grant, but TO give measure of apporlion
no men and iimit and fix the Respective interests
TO the States III the fund. The short and true read
n ing OF the deed then was, that the cession was
lily grant To Tie Confederation by one member OF
nd Tor the use and benefit Of iisel and the sever,
Try other members of H. respectively, to he slnred
10 them IN the proportions specified. Such ",
aid clearly the nature and effect Of the ccsson undt
lr- The Confederation; and had the substitution
cir the present Constitution and Government in III
ct. place of The Confederation worked any change
the the rights of the States TO the fund. Whether
eir had not, would he seen from the Constitute
no itself.
IN. "The Congress shall have power TO dispose
ing and make all ueediui rules and regulations respe
rad ting the territory or other property belonging
H. the United States; and nothing in this Constil,
10 lion shall he construed as TO prejudice al
bic claim OF the United States, or Of any partlcul
ry State"
zee "All debts contracted, and engagements ene
on, ed into, before the adoption OF this CoDstiluto
see shall he valid against the United States under tn
3 a Constitution os under The Confederation"
3, These provisions of the Constitution, whit
cen were the only ones having any bearing upon Il
on question, instead Of extinguishing or impairing
Ev- any degree The obligation OF the compacls Of ce
lion sion, saved and confirmed all the antccedenl rg
cs sprnglng out OF them. The new Constitution 8