Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-04-29
No. I17.--voLU5fE xxXvuI.

permit The proceeds of the lands 10 20 the Treasu-
~ as common fund, and diminish so far the general
charge, and thus the respective proportion IN that
general charge, Of the people of each State The land
Distribution law itself acknowledges this prlncole
while II violates and trampes IL under foot The res
son for th" additional ten per given by the Law 10
lie .'atrs, is alleged DC Their rnre rspil com
para,iye increase IN population. Why. 1t is cn encec
50" IN carry ca; tie eGniy oil aTpnroni9g the proc.
according 10 lie proportion Of The people OF each
Stale in the general charge, which only be done by
permitting those proceeds 10 20 into the Treasury ID
common fund. Thus the law itself acknowledges the
wrong IT inc,s by useless and laundering attempt
10 PALATE o lie Guences Of that wrong.
| But it viii not be coEtended that the Government
has any power except under the CONSTITUTIONS TIE par
ties 10 which were the same as 10 the Confederation.
The cessons Of Georgia and North Caroline, as has
seen already seen, subst qnent the adoption Of
the Constitutions and there has been any disnc-
ton drawn that account, between tie lands coded
by them, and those ceded y other States. BY article
section ), Of The Constitution tie General Govern.
ment has power "to dispose of and make all neecful
rules anu regulations respecting the terr!ory otr
property belonging TO the IT, ) aud nothing in The
Constitution shall be construed 10 prejudice any
claims of The United States OF any particular State
The meaning OF this clause is obvlous. Certain aada
| had, at the time OF the adoption of the Consuiu.
ton been ceded. These constituted ihe territory Of
the u. States, "to dispose Of 9hcl the same pow ia
| gwen as 10 dispose Of "other property" Some OF tie
States had not reinqushd Thu, lnles TO the lands
claimed by them. Other States had always INSISTED,
that The waste lands If right should lie considered
common fund. Thus the provision ine,,,d sayir e
al! the rights al the United States, aad each p.,!-
cular Stale IL is n lac. worthy % remark, t.:t
tie advocates o.! the power Of The Genera Govern
To distribute the proceeds 81 these ccdet .rGs,
place it various grounds, as # Determining frs, Ia
exercise that power and cropping about for reasons o.
excuses afterwards IL may tfEly, ir. Clay
the power 10 charter Bank Of ie U. s., be called
"a vagrant power, which wan'ers through tie Ger
<ti,uiion attempting TO rest in enc spot, !
another, but never finding permanent and secure
abode
Some have derived Tie power from The fact ,hct IL.
land REVENGE has always been considered like tie
venue from Other sources, and thry would 20
que that the night barrow money, 10 RAISE
by any other means, implies lie night 10 eSpend it tor
ann purpose. A gentleman from massachusetts, MIR
Winthrop. in the debaie last the D>lriu-
ton hllI sand ie could not have supported it unless he
had considered the proceeds of :hr lands 10 stand
different grounds from sums rnsed by axa"n OiL':a
Ieduce Tie power iroa Tie c,ause ii tie Constitution
heretofore quoted, and til sane gcn.!, man cnneEded
that the right dispose Of, includes the ut Apply
the proceeds for any object which Congress in tier
wisdom folly may think proper This view directly
conflicts with all those arguments based On the obliea-
tons OF the Governments rs trustee, AID the supposed
right Of the States 10 their ds.rihuvc shares IN tins
fund Besides it has been 'hlt the Constitution
conlers the power TO dispose o"oher property te
longing 10 the u. s, 10 dispose Of ",Ie territory.
Ii must then follow, necessary tquence Of THIS
mode G: reasoning ia Congress hrs power TO dispose
-four ships of forts lands ?Trt hasc asses for
public works, a:d ds:rl Ute The proceeds or gse them
away Or apply tbcm for nay object winch they may
"lhink proper instead 81 placing them in tie pnhilc
Treasury he used 10. .ie common defence and Ge-
neral welfare in tie InoiIods Iu,i,ed by tire specified
powers granted IN the Constitution II, wien money
shall have ken borrowed, or revenue iaised Is I'M
posts or d sum realized from sale ct the "p'operty'
of the United States, the RICH. follows To cSpcnd hoae
T. ..t.r A.
vcfn,ie nj is no longer # .,'ed powers and the
Constitution mockery. Il seems 20 plan proro-
sition that reasoning can mase palmer that Con-
gress has right 10 expcnd money Tor purpose for
which has right 10 tax the people snc" the excr
Of the former power involves, In The same cxtcat
the necessity Of the exercise of the latter.
Another aspect of The subject deserves few remarks
admitted by these who nss; the deeds OF ccssIon
as aIordinp reasons for the scheme oil distribution, that
all the expenses incident 10 the acquisition and
Mt Of the fund TO be paid, besides the Revo-
lu,ionary debit before ,.he distribution should COM
Time viii ony p'rmi, NE TO say that attempts
have been made, and think successfully, TO show
that the public lands indebted 10 the Treasury IN
n large amount, and even that t..Is Is the
relation TO those acquired by ccss;on. For IL must
be recoected that oil The lands brought into market
are purchased from tie Indians, the whole having been
subject to the Indian title. Not foot has been sold
without having first been TINS purchased Ihe States
by their cessons only III efrct conveyed the right Of
purchase of the lndans. AID there To Ge taken into
consideration The pad II pursuance ot treaties,
for permanent unnue.-annniies for years--ior liie
specific articles to be acknowledgements Of reno
val, &c besides all the expenses of the ucbincfy q
the land system, 10 say nothing 81 the wars with lnd
ans arising from these sources.
Whether these lands lie indebted TO the Treasury or
moi far the past Is concerned, tie TRENDS OF lie
law of last session The right of The Safes TO
the nat proceeds which shall yearly rccfnr. Yt;whst
is the law: y bile il Processes to distribute only the
proceeds all that tins - prttSston "hy
and that, in this respect, II operates rs ceat ard Il
deluslon. Tie law drcucts from he gross proceeds
only the 'saarirs and expenses on account OF The
General Land Office expenses OF surveying public
unds salaries and expenses in the Survey or-Gehefals
office salaries. commissions, aid allowances 10 lie
Registers and Receivers, and The h'e per crn'nm 10
States. ] hat greatest source OF EXPENSE Ny
which The lands Themselves are purchased from ihe
aboriginal inhabitants is entncly omitted aud no &C.
duc,lon is made for arru'tes aud expenses OF all
SORTS in treating wrh lie rdian tr'oss The people
are be taxed tor these Spendi'ures-an"uhihg IN
s,ue wears TO millions often greater in 4 year than
no who,. average yearly revenue ircm TIE lands. III
order 10 supply means or this ia.oae scheme u dis-
i.ibulion.
In the preceding remarks, atiemp, has been made I"
show that the o. The lessons afford Just ecu3o
Tor the system Of distribution, but that on the ccntIary
the true construction Of h"se ccssions, aud the Con
stitutlon itself, mpeativey forbid any such sPpca-
ton of the proceeds Of the lands But let Us admit Tor
the purposes Of the argument Tie orce 81 oil Inc con-
s:derat;OTS drawn fO.i TIE ctfCs VI
yoca;es of distribution; ic iGci, The pbGviabe ac,
presents itself that these consdrot are entirely IA
appcablc to far Tie larger portion Of The Lands CO.
y.red b. the Distribution scheme. i" show tins, let
~ turn our attention To those lands which fa under
he second DIVISION viz: "hose which have been rcGaH-
ed b., the United States since the adoption OF The Con-
.,tu,lo by treaty and purchase from iorrgn r:tos,
md paid for out Of tho NATIONAL Treasury.
By tho treaty Of PARIS If a prl 81, 1903, 5ctw.ei
France and the U. S. France conveyed the coil mi
jurisdiction Of the colony and province q LOUISIANA,
n consideration OF which the L. ). agreed TO pay t.
France l coo and $500 GEO 10 our own citizens
;or French spo.ialinns uur cOmin'Ice.
Bv the ,,,a;v made ut Washington, with Spain, on
lie 22d Of February, 1919, Spain conveyed Last and
IVES; Florida, and what now part OF the States OF
louisiana Alabama, and Mississippi, and the U D,
eeased their cla for spoaions, a"t agreed to ply
citizens Eve millions OF c''ia's on ilat account.
By lie former of ,hc Sc treaties lie U. s. acquired