New-York tribune. [volume] (New-York [N.Y.]) 1841-1842, 1842-02-26
New-York Legislature.

New. u ork sAe&AsI ntHfe.
WEDNESDAY, Feb 49,
In the ASSEMBLY, petitions were presented and
appropriately referred, and reports of various ON
mittees were presented. Among the latter was
a bill to compel the Utica and Schenectady Rail
road to carry freight. The General Election Bill
was then debated until the hour of adjournment.
a clause was added to it making it penal deceit
fully to change the ballot of any elector to fur
nish an eector with any ballot containing more
than the proper number of names or cause any
deceit to be practiced with intent TO vitiate the
ballot
In the SENATE, after the presentation of petit
tons, the following Message from the Governor
was received, transmitting the refusal of the State
of South Carolina to receive her share of the Dis
tribution Money, and asking the cooperation of the
New-York Legislature in an attempt to procure
the repeal of the Distribution Law. After some
debate the documents were referred to The Com
mittee on the National Domain
MESSAGE FROM THE GOVERNOR.
EXECUTIVE CHAMBER, Feb. %, 1872
TIC the Legislature
The State of South Carolina asserts in the Reso-
lurions herewith submitted, that the act of Con-
gress which directs an appropriation OF the pro-
ceeds Of the Public Lands among the States, Is
unconstitutional and violates the terms of ccssion.
She, therefore announces her determination to re-
fuse her share of the funds and requests to So
licit your cooperation in annulling and repeating
the law.
Her argument is, that 1.-THE United States of
America is body corporate distinct from the
States as political bodies, and capable OF holding
real and personal property" and that the Public
,t,o Ma, Ha1n
United States of America, and like them, are to
be used or disposed of" for "the common
benefit of all the States" but the property in
them does not vest in any in all the indi-
vidual States for partition
South Carolina, in 1889, invoked our coopcra-
ton in annuling u Tariff Law and then informed
us that in her opinion oil national sovereignty re-
mained undivided and undiminished in the several
States, and that the United States of America con-
sidered in relation to the several States, was
strictly and merely confederation without abso-
lutte independence or sovereignty. Happily 1t IS
not necessary to decide between these certainly
very homogeneous expositons of the same text by
the same respected authority The Public Lands
we're ceded by the several States and acquired by
the United States of America before the Federal
Constitution adopted, and at time when the
United States of America was that mere confed-
eracy of independent sovereign States, that South
Carolina in 1882 insisted that it continued to be,
notwithstanding the adoption of the Federal Con
stitution The deeds of cession respectively, and
the resolution inviting the cession declared that
the lands should enure to the common use and BEN
eft Of such States including the granting State, as
should become members of the Confederacy; and
it was stipulated that the coded territory should be
formed into States The Constitution did not
change the estate, but, on the contrary, expressly
declared that no claim Of the United States, or OF
any particular State should be impaired.
Besides since Congress is authorized to dispose
! of the Lands for the common benefit, it seems to
bo competent for that body to decide that parti-
| ton of the proceeds among the several States IN
| Jus, proportion, is such disposition as the Con-
stitution contempates.
| AS early rs 1906 President Jeuerson. ioreseelng
the then distant payment Of the National Debt
repeatedly and earnestly submitted to Congress
the necessity of retaining discriminating duties
upon foreign fabrics, to protect domestic nanutac
lures, and advised the application OF the conse-
| ouently inevitable surplus revenues to the great
national purposes of education and internal I'M
provement. This policy has been relnaulshed-
whether for good or for evil 1t Is yet perhaps too
| curly to determine and education and internal I'M
provcments IRE regarded as raining With 1iie
peculiar responsibilities of the States. ne r cd
eral Government in 1888 acquiesced in an impor-
tunase demand of South Carolina, and so far sup
pressed imposts upon foreign luxuries that att. the
revenues from that source are not merely made
quate to the protection Of domestic
but arc insufficient for the ordinary expenses OF the
Government in of peace and while III e.; It
seeks to pursue course Of studicd economy a nd
yet our sister State a manner scarcely less
earnest than before, insists now that the General
Government shall spend the patrimony Of the States
in order to reduce still lowerthe duties upon lux