The pilot and transcript. [volume] (Baltimore, Md.) 1840-1841, 1841-01-01

q
Common fund provided, for discharging the debts
and deiraying the expenses of the general go
Vernment; and for relieving themselves, to the
extent OF that fund, from &C their respective pro-
portions OF the general charge ant expenditure
The United States were bound to indemnify
the States for expenses previously incurred; and
We're obliged to purchase the Indiar titles, and
make large preliminary expenditures, before the
lands could be sold; and, if they were not enti-
tied to the proceeds of sales, they assumed all
the burdens Of the compact, without deriving
single advantage from it. The States, however,
evidently intended that the territory and the
enue arising from it, should be surrendered to
the United States, as common fund, for paying
the general charge and expenditure, or, in other
words, for disrharging the debts and defraying
the expenses OF the general government. In none
OF the deeds OF cession is there to be found,
seryation OF this fund for the separate use Of the
different members of the Union; or any stipula-
ton, that 1t should be applied exclusively to the
payment of the public debt; or the slightest init
nation, that it was 10 be distributed among the
States Tor any purpose whatever.
The fourth article of the constitution recog-
States
Mr. Madison, in the 18th number of the Fed
eralst, auudes to this territory Gas a mine of
vast wealth to the United States; !" and remarks
that "a very large portion of this fand has al
ready been surrendered by the States" He then
expresses the hope that the remaining States
will give similar proofs of their equity and gen.
erosity, and that the whole territory viii soon
become ga national stock" The remaining
States subsequently relinquished their claims,
and the whole fund was surrendered to the
Union.
Judge Marshall, in delivering the opinion of
the Supreme court in the case of johnson VS.. Nc
Intosh Declares that 'Ethe States ceded that ter
ritory. generally to the U. States, on conditions
EXPRESSED in the deeds of cession, which demon
strate the opinion, that they ceded the soils as
well as jurisdiction, and, that in doing so they
granted productive fund to the government Of
the Union"
1t was granted, when the States were bound
by the articles of confederation, to levy taxes
for their respective proportions OF call charges OF
war; and all other expenses incurred for the COM
mon defence and general welfare.o Whether
these taxes were laid by Congress or the States,
they were to be paid by the people of the States;
and it was equally important, in either case, to
convert the public lands into a permanent fund
for paying the debts and expenses Of the Union;
which must otherwise have been provided for by
oppressive taxes and imposts.
They were eeded by the States, and accepted
by the United States, for that purpose; and It is
difficult to conjecture, upon what authority they
can be applied to any Other use or purpose what
ever.
a
of the Union might revive the territorial ques-
ton, and create other disputes on the same sub
ject. In the 18th number of the Federalist, it is
urged as a reason for adopting the constitution,
that If the Union were at end, ssthe States
which have made cessions, principle of fe-
deral compromise, would be apt, when the mo-
tive of the grant had ceased, to reclaim the
lands as a reversion. The other States would
no doubt insist proportion, by right of re-
presentation. Their argument would be, that
grant once made, could not be revoked; and that
the Justice of their participating in territory ac-
quired or secured, by the joint efforts of the con-
federacy, remained undiminished If, contrary
to probability, it should be admitted by all the
States, that each had right to a share of this
common stock, there would still be difficulty
as to a proper rule of appsrtionment. Diffe-
rent principles would be set up by different
States for this purpose; and as they would affect
the opposite interests of the parties, they might
not easily be susceptible of pacific adjust
ment.o
1t is remarkable that the difficulties, anticipa-
ted, in relation to this subject, from dissoIu-
lion of the Union, are likely to arise from the
agitation of the scheme to distribute the pro-
ceeds of the public lands The old States con-
tend for share, according to representation;
the new States insist upon more, and some of
them are disposed to claim all the unsold
tracts within their limits. The southern States
might claim an interest in proportion to their
whole population; while the ceding States might
expect d retrocession, the ground that the
territory was no longer wanted for the purposes
of the grant.
The land bill, passed by Congress in 1888,
and vetoed by Gen. Jackson, provided for DIS
tribution of the proceeds of the whole public
domain. whether included in the original boun-
dar;es of the United States, or in the cessons of
Louisiana and the Floridas. 1t proposed ''to
set apart for the benefit of the new States, 125
per cent. out of the aggregate proceeds, before
any division took place among the States gene
rally" The new and old States were then to
receive their proportions of the residue, and to
Esapply the amount received, either to the pur-
poses of education, or the colonization of free
people of color, or for internal Improvements, or
for debts which may have been contracted by
the States for internal Improvements"
The bill proposed to distribute among the
States, for State purposes, fund which had
been surrendered to the general government for
national purposes; and to distribute it in diff
ferent proportion, for the separate use of the
States, from that in which it was intended to
be used for the common benefit of the Union
1t proposed to appropriate the public lands, pur-
chased from France and Spain, to the construc
ton of State railroads and canals, and to the
support of State schools; to which objects, the
revenue expended in that purchase could not
have been applied. twill hardly be contended,
that the general government has power over
these subjects; or that Congress has the authori.
ty 10 place the public money under the control
of the State Legislatures TO be expended in the
exercise of powers reserved to the States.
This bill, which was in violation of the con.
stitution of the United States, and of the COM
pact between the general government and the
States, was perhaps as free from objections as
any other that could be passed for similar OBJ
ject. The principle of distributing the revenue
of the United States, in the manner proposed,
can never be established, without disturbing
the constitutional relations between the general
government and the States, and finally des-
troying the limits, which were intended to sep
arate their functions and powers. Congress
and the State Legislatures, are now responsible
to their respective constituents; and there will
L. a..o t,r,r,r, thnir nee