Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-04-29
TwEaTY-sEyENTH CoNGREss--2d Session.
SPEECH or Mn. ATHERTON OF n. H.,
On the Loan G md In fror 1storing The Treasuru

On the Loan B and in aror Of restoring 10 The Ireasur
tho Proceeds Of The Public Lands.
In House Of Representatives., areh 80, 1872 I'm Com
miec OF the Whole the state at the Union, IN
bill "ior The extension Of the loan OF le4l, and i"
an addition of FIVE millions Of dollars ihereto ben:
then under conside ration
MIR. ATHERrON said: II must be apparent to all
that Of tie ,mporhn ques ions II not the mai
question, connected with this bill IS whether an amp
and specific pledge snl be offered in the negotiation
the Loan therein authorized, whether this pecauon
The Importance of whichss been often ncu!cs'ed by
the NEST eminent slatesme shall be ne leced. Mor'
especially IS this question forced upon since the mes
sage al the President transmitted few DAYS since, ~
Which he earnestly recommends suspension of the law
disr biting the proceeds OF the public lands for the pur
pose OF definitely pledgng those proceeds for the repay
meat oi the loan deemed necessary ard for restoring
the injured credit of the nation In the Grst place, it
my intention To reply briefly 10 statements muds
in the course Of this debate the subject Of he public
lands Tie gentleman from Kentucky, Mr. Nar
shall! referred To the land fund fund derived bl
means Of cessons By certain States and spoke OF III,
improperly of deprivng the States of the res'dnm
that which they had ceded TO The Government. Oihe
gentlemen have spoken in similar manner Of the pub
lie lands. Indeed this is the method Of treating III,
subject common TO all the advocates of the policy o
distribution To understand whether this view be cor
rect it is necessary briefly 10 adver, to some facts con
nec.ed with tie history OF the public lands.
J. Those ceded By several OF the old States to the
r. S. either under The Confederation since The rtoP
ton Of The Constitution.
= Those acquired since the adoption of the Consu
ticn from foreign nations by treaty and purchase, anc
paid for ont of The National Treasury.
Let us first consider that portion included in The
first Of these divisions 1t is well known matter o
history that difficulties arose in framing and completing
the Conf Iteration account of the public waste
lands Though the territorial limits of the Slates
were generally well defined yet they LAID claim ia
waste lands beyond their limits by virtue OF their cha
trrs There also conflicting claims between GER
tam States to the same lands. Virginia claimed rgh
to the whole nf the territory North west Of the Ohio
river; New York, Massachusetts, md Connecticut, I"
part Other States c0n,ended that the public lands
belonged 10 all equally who had made common Cause
in the Revolutionary struggle and thus were entitled
to then, n COMMON property. Maryland Rhode Is
land and New Jersey for time, declined joining TIE
Confsd era,;on on tins account until, al length, all
ccpt MARYLAND acceded 10 the Articles of Conecera
tod On the first of March, I7ei by the ssion o
Maryland, the Conf deraon was perfected and from
that time, during The Confederation, and uader the
Constitution, the cess!ons were made Until they were
completed.
The faurs of nc rcssions were as follows New
York ceded her title March |, ISL, Virginia in l1Si
Massachusetts, in 17S1, and Connecticut in l1e6, TEX
capt the Connecticut Western Reserve, which was
ceded in 1850 South Carolina coded in lae7, but n"
which thas passed nothing.
Government went INTO operation under the Ionsli-
tuition on the 9TH March, 1852.
North Carolina ccdcd her title in 1870, and Georgia
in lcG2
Next: AS 10 The territory ce3ed.
b. the cessons OF New YORK, Virginia, Nnss.cEu-
se,ts, and Connecticut, acquired the lands now
embraced within the limits OF Ohio, Indiana, Illinois,
Michigan, and Wisconsin. n. Carolina coded what
is now tennessee. Georgia ceded Nil that part Of the
present States Of mississippi and Alabama North of The
thirty first degree Of North latitude in consids alton OF
which the United States agreed 10 pay her, out OF
the proceeds 81 100000, and TO exlingush the In
dian tile within her limits The defn'tive treaty oil
ace with Great Britain, OF lIS3 makes The river MIS-.
sissppi the Western, and the thlriy-hrst degree OF
North latitude the Southern boundary oil The u D.
Within these boundaries contained oil the lands de-
rived bv cesson from tie States. They now esii-
mated al not far from hundred millions OF ncres.
Yet though the cessnns of the States have supplied
only this comparatively small and insignificant portion
OF the public domain they have furnished oil the ar2u-
en or more properly 10 speak, all the pretence Tor
arguEent IN favor OF Inc li5ht 10 oisioule lis pro-
cccds of the lands.
That bena the case it is material to inquire rs 10
NE ifyscs IF dc cesscas These may he gathered from
The ccssions Of New York, Virginia aud Georgia, az
from the 80 the arguments Ut the friends OF distribution
nre drawn end the title OF Virginia 10 The territory
Northwest of the Ohio has usually been considered the
best New York cedsd all her fright, title, interest,
jurisdiction and claim, o be granted, disposed of and
apprnpriard in such only, as the Congress OF
he SAID United or Conederaed States shall order or
direct" The condition annexed, was that the lands
coded 10 the u S. "-al be, and enue for The use and
benefit OF such of the U. s. shall become members
O! the Frde:ul alliance of the SAID States, and for no
o,Err use or purpose whatever Virginia ceded all
ri yht tte and claim as well of soil as jurisdiction;
and in the net authorizing the cesson, It provided
that tho "Iqnds cedcd shall be considered n common
4 Il, ,f
aye become or shall become members of the COME
d.raon or Federal alliance Of the sad States, Virginia
inclusive accordiag to their usual rrsprctire prnPoT-
tons in e ntntrni chprss and expenditure, ard shall
b. faithfully md Jonn Gc disposed of for that purpose,
and for no other "r purpose 1rhafSoerrr
l.: Ike ccsson IL Georgia, 1t IS provided that the
lands, after satisfying various claims there rected
shall ..bc considered as common fund for the use and
benefit of the IT, S., Georgia Inclnded, and shall br
faithfully disposed OF for that purpose, and for no ether
purpose achnicrer
the Stars TO part with their clam, and 10 remove tie
obstacles 10 the completion of the Confederation Con-
rress PASSED resolve hnt Tie necessary and reason
able cxpenses which any particular State shall have
incurred since the commence men Of The present war;
in subtung any Bris posts, or IN maintaining oIs OF
rar,isnns within and for the defence, or IN acquiring
any part of the territory that may be crdrd or rein
ouish,d tn tie United States shall be reimbursed
II - con,endrd with an earnesnrss that should pre-
Glade doub, as TO the sincerity Of those who assume the
POSITION that these lands were conveyed L" The Genra
Govcrnlncn trustee, and pledged In pay Inc re,
youonary debt, and after that, the proceeds belong"
right 10 The States
Admit for moment, tina. the General Government
con nor have. as 10 these lands coded To the Con
any powers not conferred BY the C"nsn
ton. II is evident that they were coded to the Cn''ed
States asa Government, as Confederation. IL th'fe
was reyersian intended, it must be to the States CO.
DIM hch is no, contendedfpr The resolution OF l'oo
,,om.es the reimbursement of the expenses incurred
b, the S.a,ee amoag other things, III acquiring an,
pat of the territory may be cedrd or renqn'sheo
-refinqmshcd to whom: To the Unnd States !,
the cpssons there is reservaon-no rrversnh macs
N, remainder The express terms are, that he iun'
shall he n "comnon fund "(or the use and benefit
the whole "acco:dng TO their usual respfcu:e prop"
mons in the general charge and expenditure: II Tue
States, by virtue Of the cessions, haze rghf 70 ,fs'
proceeds IN olgniirn equal 10 that Of Indebtedness
rests on the General Government, and me u"
vernmeo, commits n wrong in Withholding one Jar
,linr md this would apply not only to the future 1T"
the pas, proceeds Yet in the discussion on me ian'
q The lbleSt oil lie 40