Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-05-13
To break a butterfly on u wheel.

from the Lpnrllurr Rrpn5ieanl
LETTER ITO RiCHARD ii. ToLER, Esq.
propose TO show to your constituents that the States
have right whatever, legal or equitable, 10 the fuoc
Lands, their proceeds. rest the question, not on
resolutions, pro CON- of the Legislature, but upon in.
dnhlabe facts recorded and laid up amongst lie ar
chves Of the country.
Previously TO the adoption of the Constitution, FIVE
States coded lands, niles TO lands, TO the Federal
Government. First New York, by deed bearing date
the Isl Of March, 1881. Second Virginia, by deed
dated LIST of March, lisa. Third, Massachusetts, by
deed dated 9lh Of April, 1865 Fourth, Connecticut,
BY deed executed the 18Th of September l7sG, and
Fifth, South Carolina, by deed dated 9th of August
| l7c7 All these deeds made while we lived
under the old articles Of confederation. They were
executed by the Representatives, of the respective
States in Congress, in pursuance of special laws
passed by their Legislatures. The lands they ce.
ded, rather the jurisdiction over them, were not
designated by particular metes and bounds. The
| deed of New York specifies sail lands and ter
,orics 10 The Norfhpard and West;card Of the bOun.
daries to chch the said State is limited and restrift-
ed" The deed of Virginia specifies the "terrtory,
or tract of country within the limits of The Virginia
charter, situated lying and being 10 the Northwest OF
the river Ohio" Several of these deeds the
terrtory for was, at the time, question OF cor
trolling influence, whether either OF the States were,
Separately entitled to lands. Maryland, which made
no Decd still commended that the lands claimed by other
States were common property, won by the arms OF The
States generally; and refused TO ratify the Constitution,
until the lands then ceded were made The common pro-
perty Of the thirteen original States.
The deeds referred 10 expressly cede transfer and
forerer renquish 10 and for the only and 6en.tt
IF such IF The STATES are, shall become parties
10 the articles Of confederation, aU the right htc jE-
risdieton, interest," and claim to the lands in ques-
ton. These are the words Of the New York grant
The Virginia deed specifies that the lands coded shall
be considered a common fund for the use and benefit
of snch of the United States, Virginia inclusive, as
have become shall become members Of the confede
ration federal alliance of the said States according
10 their usual respective proportions in the general
charge and expenditure
This latter provision introduced for well
known 10 you. Under the articles Of Confederation
the "senerat charge and trpenditare apportoned
amongst the respective States; and the Legislatures OF
EACH raised ITS portion QUOTA by taxes on its
citizens, in its way. These lands, therefore,
we're ceded as "coMMos FUND, 10 be applied to the
payment of these quotas in the "generai charge and
penditure" Had the articles Of Confederation CONT
nued this day, the proceeds would have been regu
Iarly chargeabe with, and applied to The general ex
pendtures of the country, according 10 The respective
proportions which each State would have borne in the
general charge.
In these deeds, no reservations remainders, legal
or equitable, were mentioned the mote
degree limited at. The cession absolute and IN
conditional. The proceeds Of the lands to
sue a common fund, (such as the public Treasury
now isl 10 be applied 10 the and benefit of
The States There other limitation whatever,
no pedgng Of the fund to pay the debt Of the Reyo
luton especaiiy which your leader, Mr.. Clay, at
tempts 10 establish. The whole fund was conveyed
absolutely 10 the Government Of the Confederacy,
and the only limitation 10 the use Of it. This
specifically and particularly limited to the ''eon