Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-03-19

conveyance and the residue is considered as still re
naming in him. Mr. H. objected TO this argument or
several grounds In the first place, these lanes were
not ceded for the sole purpose of paying the Aevoin
tionary debt. The deeds Of cesson themselves, and
the history of the times, show ucontesbly, that these
cessons were made obstacles to the adoption
OF the articles of considerations TO the Union
and tn provide common fund for the common henehl
OF the Unlon-not merely TO pay the Revo ponary debt
Thus the basis which the whole argument rests is
moved, and that being removed the argument falls with
It, But in the next place, if these cess0ns made to
pay the Revolutionary debit they have not yet paid IT
Take the proceeds Of the lands ceded under the Con-
federation, deduct herctrom the costs Of bringing them
into market and selling them, any even plausible
mode of making the estimate and the nett proceeds up
TO this time fall far short of the Revolutionary debt
there in fact nett proceeds, would be shown
in the sequa So that, though the Revolutionary debt
has been paid 1t has been paid not out Ut the proceeds
of the coded lands, but out Of the public rescnue de-
rived from other sources; mainly from the duties on
imports.
But suppose for the sake of argument that both these
objections to this position founded in error-sup-
pose these lands coded for the single purpose OF
paying the Revolutionary debt and that they have paid
it, resulting trust arises as TO the remaining lands;
for whose benefit would such trust result? UnGues.
,ionably according the argument for the benefit of
the grantDrs for the benefit Of the States which made
the cessons. They, and they alone would then be
titled this dstributahle fund.- far il arises from
the ceded lands But the distribution law gives TO all
the Stntes and Territories, and the District of Column
ba, as well TO those States which have made
sons as to those which have and to the Territories and
District which have made no cessons. Thus this ar.
gument resting false premises if carried out to its
legitimate results instead Of sustaining the distribution
law, is most hostile TO it.
These lands not coded merely to pay the Revo
lutionary debt. The States were engaged in an ardu
Gus struggle with the mother country. 1t was their
common interest to unite in opposing her claims OF do
mnion over them, and in asserting their independence
and freedom They succeeded in the effort. They Sc
vered themselves from England and wresed from her
vast extent Of waste and uninhabited territory be-
yond the settled limits of the States but lying within
the limits of the United States established and ac
knowledged by the treaty with Great Britain, which
recognised our independence. Large portions OF thus
vacant territory were claimed by The several States
as lying within their chartered limits or as belonging
to them by right Of conquest. Virginia particularly
claimed immense tract of country, since known as
the North Western Territory. Other States claimed
other portions of it-and there conflicting claims
of different States to much Of it, including the North
Western Territory 1t was moreover, conended, that
these lands Crown lands and having been
wresed from the Crown by common success, in
common cause, for the common benefit of the Union,
they were the property of the whole Union, by whose
united efforts, and by whose common blood and trea
sure they had been acquired.
These conflicting claims, and the jealouses and dis
contents growing out of them, were the most serious
obstacles to the adoption Of the Articles Of Coniedera
ton, and the formation of Federal Union. Maryland
particularly, though giving her aid in the Revolution
airy struggle, refused 10 accede 10 the confederation
until after New York executed her deed of cesson,
and there fair prospect that other States,
particularly Virginia, would make similar ccss'ons'
Mr. Holiday said he could not go into an ex-
animation of all the deeds of cession. Time would
no, allow it. To do so, and to 20 fully into every
branch of this subject would require days. instead OF
the short hour two which he proposed to occupy
lie would however, refer to the deed from virginia,
the language of which was certainly as favorable to
the of the Dstrbu,ioniss. that of any one OF
the deeds of cession and an examination Of It, would
suffice for oil the deeds, they all substantially cor
respond This deed refers TO the resolution OF Con-
gross, of September 9Th $780, leading to the cesson
of Virginia The following extract from the re-
port accompanying that resolution; at appears more
advisable to press upon those States which can remove
the embarrassment respecting the Western country,
liberal surrender of portion of their territorial claims,
since they cannot be preserved entire, without endan-
rerinr the stability of the General Coniederacy To re-
mind them how ndspensably necessary IS to esab-
lsh the Federal Union firm and permanent basis,
and on principles acceptable TO all its respective MEM
bprs how essential public credit and confidence, to
The support of army, to the ygour of our councils,
and the OF our measures, to our tranquility at
home and reputation abroad TO our present safety,
and our future prosperity, to very existence, rs
free sovereign and independent people" Reference
is $50 made in the deed TO the resolutions of the &C.
nera Assembly Of Vrg na, OF January 2nd 1S yield
ing up to Congress, Vrsnas claim 10 the Northwest
ern Territory The following an extract from the re-
solution: "That this Commonwealth will yield to the
Congress Of the United States, far the benefit Of the
said United States all right tile and claim, which the
said Commonwealth hath 10 the lands Northwest OF
the river Ohio, upon the following conditions, TO vii,
&C. and in the last clause of the resolution, IS the FOL
lowing: Yrgnia having thus, for the sake OF the &C.
do VITO tnF
territory the Continent is expected in return that
every other State in the Union, under similar circum-
as 10 vacant territory, will make similar ces-
sons of the same 10 the United States, Tor the general
cmoiument."
II is apparent from these extracts from the proceed
inos of Congress- and the General Assembly of Virgil
mia that The object Of these cessons was to remove OBJ
s,aclcs TO The adoption Of the Confederation, and TO
weld up the vacant lands "or the 6eaett 81 ne sad o.
States," and "for the general emofomeHt' The deed
contained among others, the following condition: ma,
all The lands within the territory coded TO the United
States and not reserved for, appropriated to, any
of the aforementioned purposes, or disposed oil IN
bounties to the officers and soldiers OF the American
army shall be considered "a common iurd Tor the
p.e and benefit OF such Of the United States rs
have become. or shall become members OF the con-
federation or Federal alliance of the said States Fir-
u;nia inclusive, according TO their several respec-
i've nroportions in the general charge and expen.
dture and shall be faithfully and bona tde disposea
oi far that purpose, and for other use or purpose
sI,a,socver On the language ofthis condition IN the
dred the dslribu,ionss rely looking to dlsr'bu-
lion Of the proceeds of the lands. They ask, u th.s
,rbn,ion is not what meant by declaring The lands
coded "shal be considered common fund Tor the use
and benefit OF such of the u S. as have become or
Shall become members Of the confederation or Federal
alliance of the said States Virginia inclusive, according
to their usual and respective proportions in the genera
charge md xpenditure lfsuch the meaning OF the
persons who prepared executed and received the deed
!, is strange that distribution was ever thought OF
or attempted in their day But such IS not It's 'alf
meaning or construction. The object and design Of
The cession was as have seen, to secure ana con-
firm the union of the States under the articles OF con
federation and to the lands to the States oil inc
Union and the object of this condition. IN the oeea
from Virginia to provide that in the application n
the fund 10 the purposes othe Union, each State should
be benefited by in proportion TO her usual respective
proportion in the charge and EXPENDITURES res 10
other words the contributions Of the States 10 the conf
man treasury were to be essened by this fund IN pro-
portion TO their usual respective proportion IN Inc
raj charge ard expenditure Under the coneoe,s'I III
CONGRESS determined the amount OF revenue 10 De
raised for the e. s. The amount TO be raiseo was ap