, 1841-04-10

- VI III phrase united States. |
STANDS IN contradistinction to the States ia
ken separately and individually, and if Their
could be, by possibility, any doubt on tina
point; 1t would be removed by the express
ION IN Congress assembled''-an assem-
DiaSe winch constituted the very knot tina
united them. 1regard the execution of spcI
an assemblage. to the United Siafes so assem-
DIED., SD conclusive, that the cession WIS tc
them IN their united and aggregate charac
Ter, III contr2dlStinction 10 their individual
ana separate character, and by necessary
consequences, the lands SO coded belonret
10 them IN their former and not in their lat
ter character, that am at a loss for words
to make 1t clearer. To deny it. would be
TO deny that there is anv truth in language.
But as strang as this is, it is not all. The
deed proceeds and saws that all the lands
so cedcd, shall be considered a common
fund Tor the Use and benefit of such of the
United States as have become members Of
the Confederation. or Fc3erdl alliance of
SAID States, Virginia inclusive" and con-
cludes by saving land shall be faithfully and
6ona.Jfei disposed Of for that purpose. and
Tor no other use and purpose whatever.~-
II II were possible TO raise a doubt before.
these full, clear. and explicit terms would
dlSpel 1t. It's Impossible for language To he
clear. To be considered a COMMON fund"
an expression directly in contradislinction
10 separate or individual. and is BIZ necessary
implication as clear Il negative oi the latter.
is II II had been positively expressed. This
common fund TO "bc for the use and benefit
OF such OF the United States. as have be-
or shall become members of the Con-
federation or Federal alliance" that is rs
clear Us language can express it for their
common U.s. III their united Federal charac-
ter. Virginia beng included Is the grantor.
out of abundant caution.
Here Mr.. Clay said N an audible voice,
there were other words no; cited. To which
Mr.. Calhoun replied:
| I'M glad To hear tie Senator say so. as
ii shows. not only that he regards the en-
prcssions cited standing alone. IL clearly es-
tabli,hin- what ! coutcndcd for, but IN what
he relies Ia rehl.; my conclusion. lshall pre-
scnt!y SHOW. that the expression to which he
refers Wi! utterly iaiI INN. The concluding
words are. %-:siriIl be faithfully and boHa Gei
disposed OF or that use and no other use
and proposes Whatcscr. For that use
that Is. the cOmunun Use Of the States. in
Their capacity OF members ut the Confede-
ration or Federal al,Iance-and no other:
positively i]orbldding 10 Use ihe fund TO bc
derived from the lands for the separate use of
tie States. or 10 be distributed among them
for their separate or individual use, as pro-
posed by this amendment, rs II is possible
for woods 10 do. SO lar. ali doubt would
seem To he excluded.
But there are other words 10 which the
refers, and on which the advocates
ot the measure vaInIy rely 10 establish the
right. After asserting that 1t shall be con-
4 common fund for the use and benefit
Of the States that are or shall become men,
bers OF the Confederation or Federal ALI
ance. Virginia inclusive, Il adds. according
10 their usual respective proportions IN the
general charge and expenditure" Now
assert. i these words were susceptible of Il
that the fund WIS intended for
the separate and individual Use and benefit
IF the Statcs-whIch ] utterly demy-vet II
would be contrary 10 ono al the iuuaancn-
tai rules 81 coustrurtipn To ave item that
meaning. ! refer To- the well known rule.
hat doubtful expressions, IN Il grant or 9th
.r instrument. are not la he so construed as
% Cib!ilidtllEtN IIil ~ tltiiIE anu IHdiihN tA-i
IreSscd-aS would hc the case IN this in
stance, if they should bC so construed as to
mean the separate and individual use and
benefit Of the States severeaI!y. But they
ire not susceptible of such construction
Whatever ambiguity may be supposed to
,rtach TO them. will be readily explained bv
to the history Of the times. The
:esSion was made unier the old Articles of
Confederation. according to which the gen.
raj or common fund OF the Union was raised,
lot by taxation on individuals, rs ut present
by requisiiion on the States, proportion
ID among them according to the assessed
,alue of their improved lands. An account
OF course 10 be kept between each
State and the common treasury: and these
words were inserted simply TO direct that the
unds from the ceded lands were TO be credi-
ed to States according 10 tie proportion
hey had TO contribute 10 the general or COM
fund respectively, in order, if not
.nough should be received from the lands, 10
meet their contribution. they should be debt
I'd with the deficit: and if more than suffi. !
lent, credited with the excess ia making
he next reuui.iiion. The exnreSsion can {