The spirit of the age. [volume] (Woodstock, Vt.) 1840-1844, 1842-03-25

SECOND VIOLATION OF THE CONSTITUTION.
In relation TO that portion Of the Public Lands
coded 10 the United States by several Ofthe States,
the Distribution Bill is, if possible, n still clearer
violation Of the Constitution.
The lands in the territory now comprising the
whole of Ohio, Indiana, Illinois ana W,konsnn.
were conveyed to the United States by Virginia;
those embraced within Tennessee, by North Caro-
lima; aud the whole of those composing the States
of AMbama and Mississippi by Georgia To por-
tons Of these lands other states had claims which
were coded in like manner. The United States
paid nothing 10 those States for the lands unless
the State Of Georgia constitutes partial exception.
But it was upon certain explicit and clear condi-
tons, that these cessions Of territory and lands
were (1ciet by the States, and il was under an
absolute and express assent to those conditions,
that they were ccccpic} by the United Sates.-
These conditions. therefore, were Il part Of the
Con'pacts or bargains, as much as any similar con-
ditlons could form parts OF contract between IN
divlduais, and each was bound 10 observe them BY
all the moral obligations which in like cases bind
man to man. Moreover, the ccSsOn of Virginia
was made before the formation Of our prescn,
Constitution, and being recognised and guarran-
teed by that instrument, acquired legal oblian-
lion as binding aud solemn as could be created by
the iundamcElallaw Of great nation.
The condition in The Virginia Deed Of CGsson
most inaterill to this argument, Is in the following
words viz:
"Ihat all the lands within the territory so ceded
to the United States, ard not reserved for, NOR up
propriatrd TO any Of the before mentioned pur-
poses or disposed Of in bOunlcs to the Officers and
soldiers Of the American amy, shall be consider
ed a common fund for the use and benefit Of such
Of the L. States ms have become shall become,
muAhers orlhe confederation or federal alliance Of
sand States, Virginia inclusive, according TO their
usual respective proportions in the general Charge
and expenditure, and shall be faithfully and bona
tide disposed of for that purpose and for no other
use or purpose, whatsoever"
This deed was executed by Virginia and acrep-
ted By the United States on the Isl of March l,s4,
long before our present Constitution was formed
The cession Of North CaUna, containing the
same condition. was executed by that State in De-
ccmbcr 1859 and accepted by the | nited States in
April 1900 soon after the Government was Or
ganjYel under the new Constitution.
The CC5sion o! Georgia containing the samo
condition in he sane words, was accepted and
completed in June 1902, about thirteen years after
the present Constitution became the supreme law
Of the land.
In accordance with this condition. which ccnsii-
titulcd vital point in the Deeds Of CcssOn without
which they would never have been executed by the
States or accepted by the United States, the mou-
eys arising out of the sales Of the coded lands,
were paid into the Treasury of the United States
where before the adoption ofthe Constitution they
lessened the quotas Of revenue 10 be raised by each
State, "GccOrdiag" in both cases ''io their usual
respective proportions ia lie general chGrre and
/ CJpcGGiurc." And our present Constitution
when formed, expressly guaranteed 10 each Siata
the benefits stipulated for in these compacts, in
the following words, viz:
"Ihc Congress shall have power 10 dispose Of
and make all nCedu rules and regulations respect.
ing the territory and other property belonging 10 the
/ United States; and aOhiHs IN this Constitution
! shall ic 50 construed as 10 prGudice any claims
I IF lie Unite! States or Of arg particular State"
Could human language make condition more
explicit or give i, higher sanction But solemn
conpacis aud constitutional sanctions, are all in
vain when they obsIruci the designs of Nhgism.
} 1t is in vain, The coiupacts declare, these lands
| 10 be ~ COMMON IT NJ" aud secure 10 each
State benefit from lis application equal to iis
..j SUAL PROPORTION IN THE GENERAL
. CHARGE AND EXPENDITURE"
| 1t is in vain the compacis declare, that these
lands "sidii he faHb'dig ami bona tle disposei
Of for THAT PURPOSE"
il is in vain, the same compncis declare. That
they shall rot he disposed OF 'ibk ANY OIIi-
En- USE or PURPOSE WHATSOEVER"
1t is in vain that the Constitution expressly eunr-
anres the .'ciaim'' Of each "pGriicular State"
TO its dsiribuihe share Of his "commoa fund.-
ID il in vain, that from the time of the first ccs-
sion in 1884, down To the year lsil, period Of
iilly-sevcn years. embracing two forms Of govern
mcnt and eight different administration, these com-
pacis aud their constitutional guarantee have been
executed By paying tLosc @oHoys 10 The Treasury,
whereby, in lossening general taxation. each State
has received lis stipulated share of the scruing
benefit.
IL Is III vain, that under our present revenue sys-
ten, ii IS hoi rithin the uHof man 10 coHceire
any other mode Iy ickieh these compacts dan be er
ccuici
Ia this way only. as every man who understand.
the 'ubjcc, LnoNs and acknowledges. can the IN