The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-07-02

L
| States.
But who now dreams Of surplus, with 20 per
cent. rate Of duty-or any other duy, inuecu, '''
| can be imposed Instead OF surplus, you nave
standing deficiency OF many milllons-your treasury
| is literally bankrupt you have debt already running
up 10 between twenty and thirty millions OF dollars,
| aud your credit is so impaired that you can porro"
| if at ALL only upon the most disadvanlageohs Terms
And yer, in this deplorabe condition oil the haona
finances and credit and despite OF solemo iegsia-
tive compact to the contrary, you are called upon 70
ALLEVIATE one of the most important financial resources
of the nation by the surrender OF It's pubic DOMAIN
| to the States course, SO opposed 10 e'e'y otui-
nary maxim Of political prudence and SOUND states-
| manshp, must needs find it, apology IN some new
and ingenious refinement; and according IL mas
been disc pered after sixty years exclusive ana uhas
puted possession and OF the public lands by inc
United States, that they do not belong TO them, pu.
are, in truth, the property OF the several states
find il very difficult Mr.. President, to address mysei
seriously to so strange and novel doctrine, which
my honorable colleague Mr.. Archer) not long since
| characterised in his own nervous and Impressive
manner, as fallacy 50 gross as hardly 10 ADMIT OF
encounter and refutation. Yet II has the SANCTION Oh
| some highly respectable names, and has, know,
made an impression on many intelligent minds IN my
own State Ii must, therefore, be met and eran,ned
and its utter of foundation, in reason and TACT
be exposed.
But before proceed to do this, will remark that
comparatively little would be gained to the cause OF
Distribution, even if this hypothesis were true
The whole argument is built on clause In the Deed
of cesson from Virginia, and applies, OF course, ex
clusivey to the lands ceded by her, which form but
| little more than one tenth part of the entire public
domain the great bulk Of which having been pur-
chased from France and Spain, with the common
treasure of the nation, became, in the fullest sense,
the property OF the nation.
Let us now, however, see what is the notable dis
covery which has been made, in relation to that por-
ton Of the public lands ceded to "he United StItes"
by Virginia. In her Deed Of cession, there is clause
declaring that all the lands within the territory so
ceded to the United States with certain reserva-
tons) 'shal be considered a common fund for the
Use and benefit of such of the United States as have
become or shall become, members of the confedera-
ton or federal alliance of the said States, Virginia
inclusive according to their usual respective proper
tons in the general charge and expenditure, and shall
be faithfully and bona de disposed of for that purpose,
and for other purpose whatsoever" II con-
tended that this declaration, that the cession was to
to "the benefit of such of the U. States
shall be members of the confederation, &C., accord
ing to their usual respective proportions In the gen.
eral charge and expenditure, plainly contemplated
separate and distinct interest in the subject of the ces
sion, in favor of the individual States, to be deter
mined by the proportion referred to- But, when it IS
recollected that the American States not then,
as now, connected together by intimate political uni
on, but were associated merely by league alliance,
leaving to each State its entire independence and
yeregnty, it will be perceived, at once, that the lam
guage employed in the Deed of cesson appro-
prately adapted to the peculiar relations then esta-
blished between them These allied confederated
State, had E" a common treasury" out of which all
| charges of war; and other expenses for the common
| defence or general welfare to be betrayed )"
| but this common Treasury was " to be supplied by
the several States, in proportion to the value of all
| granted land within each State The rule by which,
according to the Deed of oession the States to
participate in the benefit of the common fund of the
coded lands, identical with the rule by which, un-
der the articles of Confederation, they were to
Il,Ita tha .,,k
general charge and expenditure to be betrayed.
The most natural and efectual means by which the
States could be made to participate, according to The
| prescribed proportion in the benefit OF the public
lands, was to bring their proceeds into the common
| Treasury, and there apply them to the general
charge and expenditure to which the States
CURED to contribute, by the same precise proportion
The plain intent and meaning therefore, OF the Vir-
GINA deed was that the proceeds OF the lands coded
| by her, which were declared to be common fund,
| should be brought into the common Treasury, and
there to the benefit of all the States accord
ing t. their respective proportions in the general
charge and expenditure by be ng directly applied to
defray that general charge and expenditure.
That such was the destination sought and intended
by all parties to be given to the proceeds of these cedeJ
lands IS demonstrated, beyond all controversy 10y the
history OF the proceedings connected with their
sion 1t is well known that the large quantity of
western lands embraced within the chartered limits
OF some of the States, and especially Of Virginia
and what was to be their ultimate destination in the
eventof successful issue of the ontest,--wheher
they were to enure to the gene al and common benefit
OF all the States, remain the exclusive property Of
the States with whose limits they lay,-became a
subject of anxious and deeply interesting discussion,
very soon after the commencement of the Revou-
uonary war This question, indeed acquired para
mount and controlling al, influence that it impeded
Tor long time, the final ratification OF the Articles
of Confederation. These articles we're acceded to
and ratified by ten of the States the 9th of July,
ITS; but Maryland, New Jersey, and Delaware,
still held out in their refusal to accede to them, and
all OF them mainly the ground that those articles
did not give to the United States Congress- for the
general uses of the confederation, the entire control
aud disposal OF the waste and unappropriated lands
lying within the chartered limits of the several
States. 1t is quite instructive, and, indeed, highly
important, as bearing the true character and in
tention OF the cessons which made, to
what language was held by these States on the sub
ject of the western lands. First in point of time
New Jersey, in formal rep esentation submitted by
her to Congress the 25h july 1878, held the fol-
lowing clear and explicit language
"It was ever the confident expectation of this
State that the benefits derived from a successful con
test were to be general and proporonate and that
the property of the common enemy, falling in con-
sequence OF a prosperous issue Of the war, would
belong to the United States, and be appropriated to
their use We are therefore, greatly disappointed in
finding no provision made in the confederation for
empowering the Congress to dispose Of such property
but especially the racant and unpaenied lands,
monty called the crown lands, for detrdpng the
penses Of the lcar, and for such other public and general
purposes"
There IS here, certainly the remotest idea init
mated OF any separate and distinct benefit to be de-
rived TO the individual States, and to be enjoyed by
them severaIly from the Western lands, but the de-
! mand is that they should belong the United
States and be appropriated to their use" and disposed
OF for detraylng the expenses Of the war; and for
such other public and general purpose the whole
confederation. But let Us now what the Ian
guage held by Maryland. She was the State that
took the lead in agltatng the question of The Western