Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-04-26

| domain. We have rarely met production more
sophis,ca more uncandid, more deeply tnctured
with Federalism, and which betrays more ignor-
auce Of the subisc; discussed. IL is hard TO say
whether disnseuuouSncSs. ignorance or Federalism
predominates-all three being copiousy and har-
moniously blended.
The article is in response to the following para
| graph from the Wing:
1--WE will not stop TO inquire what Uncle Sem is
| TO do, If he gives away his own Land Fund"
Enquirer.
| Will you pause and consider what Mother Tfr-
Snia is do, ii she surtenders her own pronertv7
she has not one-tonth OF the resources OF Uncle
Sam-aSd her debt Is half rs great as his. With
what propriety, under such circumstances can YOU
ask her TO aosndcn her rights and still further op.
press her ciIizsnsi You cannot deny, whatever
your Federal desires may prompt, that the Land
Money belongs 10 the States. The unanimous vote
OF the House OF Delegates years ago. affirmed the
right. IL has been, time after time, admitted by
men OF all parties, and it is confirmed by the Con.
stltuton and the Deeds of CeSson, and the ordi.
nnnces Of the Old Congress OF the Confederation
No man IN Virginia holds lands by hi her and more
indefeasbe title than do the States the public do
maln.-Riehm9nd Whig.
Now, We re affirm every position here assumed.
The House Of Delegates did ,uGnimousy--at least
no voice was heard in the negatve-declare that
the public lands were held by the General Govern
ment in ust, for the benefit OF all the States, Viz
sinia inclusive. II this be not tantamount TO say
ing, that all the beneficial interest in the lands
belongs 10 the States, not able to compre-
bend the import Of language, and we are profoundly
ignorant Of the meaning Of words According to
our old fashioned notions of honesty, we
thought trustee could not appropriate a trust fund
TO his own uses, without at least the acuuiescence
| of the cestique trust. But we are aware that n
different doctrine has gained ground since the as
cendancy Of Loco Focosm. Formerly, public
Offices were deemed and held to be trusts for the
benefit OF the people, hut of late, they are only re-
sarded as srOILs for victorious partsans Ii is on
this rogueish, Loco Foco prnciple-which has led
10 the bankruptcy Of the Government-,hat the
Enquirer contends, that the Government, in its ca.
Pacity OF trustee may deprive the States of their
inheritance, just Price, Boyd, Swartwout, < Co.
applied to their own use the funds of the Govern
ment
But whether the House of Delegates did or did
not assert the rights of the Staies-those rights
are not the less clear and incontrovertible. They
are based upon the Deeds Of Cession, and guaran
tied by the Constitution, and it is not in the power
OF man to alter or nbrdge them. The Deeds Of
Cesson expressly declare that the lands are coded
to the United States, upon certain specified condi
tons. In the words Of the Deeds: "Shall be COM
sidered as common fund for the use and benefit
Of such Of the United States as have become. or
shall become members OF the Confederation or Fe.
deral alliance OF the said States, Viz giniq inelsiue
according TO their respective proportions in the pc
neral charge and expenditure, aud shall be faith
fully and bona ide disposed of for that PURPOSE.
and for no other or purpose Whatsoever An
guage could not be more explicit-and there IS No,
a lawyer in the Commonwealth, whose opinion is
worth seven and six pence, who will not al once
and without hesitetion, say that a several and not
joint benefit was contemplated. To cons,rue /,
as joint fund, you must exclude half the word ,s
surpusage-"sueh Of the United Stalosn IS bung.
ling-nnd "Yirginia INCLUSIVE, is repugnant TO INV
such Interpretation. II the authors Of the Deeds
had designed to make a joint fund to be enioyed
IN common, and not otherwise, they would have
simply said, that it should have been a common
fund for the use and benefit Of the United States
jointly and not severally.
But we are not left TO the obvious imports Of the
wordsfor their real meaning. There was cotem-
poraneous interpretation, which settles the oues-
lion. Al the session of the Confederated Coneress
next succeeding the Deeds Of Cession, an ordinance
was passed for Distribution Of the proceeds of the
Lands among the States according to the respective
proportions IN the general charge and expenditure -
This is conclusive TO the sense or the saees Of
that day respecting the true meaning Of the Deeds
Of Cession Bot the fact u.s. that but for the Deb,
Of the Revolution, which was due by the States
there was no other disposition, which could be made
Of the Land Money at that time. The linton did
not srsi-and this important fact must not be over
looked in the consideration Of this subjse,-Tbere
was no Union ihen-save the old Confederation-n
mere rope Of sand' as 1t has been called-but 10
our think ing, the most perfect system Of Govern
ment which the ort Of man has devised. There
was no Union-ard but for The public debt-the
Land Money must bave continued 10 come directly
into the Treasures Of the different States. The
Confederation would have urged no claim to il. a.,
was proven by their ordering Disri5uffon in ~
at the very time, too, when they were calling
upon the States 10 contribute money TO meet the
obligations Of the Confedsmcy. All, who know
any thing Of our history know that the Coniedera.
lion had no means Of raising revenue-it could not
levy taIes-it could not impose duties On foreivp
| imporlaions-It had TO rely upon the states-wbo
contributed certain amount each. Whilst this pro
cess Of contribution was going o. on the part Of the
Stat e. 10 the Coniederncy, at this very iune.
ture, Distribution Of the Land Fund among
the States, was ordered by the Coniedsra,sd Con.
sress, in pursuance Of the Deeds Of Cessionl-
Could there be a more distinct and emphatic decls-
ration in support Of the right Of the States 10 the
fund.- Distribution subsequently fell into disuse,
Tor the simple reason, that Il was useless for Con.
gres', in ono breath, 10 distribute the Land money
among the States and in the next, call upon the
States 10 refund the same, and more, to defrsy the
general charge and eTpendhure'-C Congress, then
having, as above stated, no other means Of raisng
revenue, except by apple ition to the indivdual
States
The adoption Of the Constitution did not aGee,
the rights ofIhe States, in respect 10 the Land Fund
at all That instrument expressly saved the claims
Of the States This is conceded on all sides--even
BY the opponents Of Distribution; and, therefore, !,