Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1842-03-26

bcc, and - nov often excrcicd is maintained hy
N Iaofc unqualified than by Tie political friends
u the gentleman from Louisa. viii call the aen-
lion Of he House TO an extract from speech delivered
nv iir Benton "a" Miss NJ: on the bill t.. the gr&dni'
Ton oc the nrcc ol the Public Lands 81 the year ib
Zach succeeding Congress has felt itself at liberty
To make .ratui,ous donations q: land 10 any extent Al
pleased Look tie statute book: its pages flied
81 II these donations roa The year lIco down 10 Tie
present Session
sir Bent n Lere enumerated many of these Gona
tio:s: the hnun'y 70 officers aud soldiers of tie Revo
u;;on 100 900 icres in ,hc year 1857, 10 actual set
tiers in Op: - $40 acres 10 The French Gul!ops, do
nations e. the Nova Scotia and Canada refugees OOCo
600 acres 10 the soldiers of 'le late wa;; O0D0 Ia iht
French settlers IN Aabama donations 10 the States FOL
seats o: G. yernncmi aud 10 counties for courthonsos
to schools and colleges 2,00a 10 General lafayette
u 900 20 the as luin the deaf and dumb at Hartford
u 900 10 similar asylum in Kentucky. Mr.. Benton
.rn continued and declared The principle oil donation
10 bc entirely free ffom objection.
The extract have read contains ,!ue history d
the LEGISLATION &c Congress the subject of the public
lands From " HON does it come: From one OF the
chief opaoaenls OF the Distribution law. ltthus ap
pears that the right 10 make donaonS has been eXcr
cised By every administration, and that donations o.
land have been made .nr every conceivable purpose
upon conditions aud without condltons 10 schools and
coleuas-;o asylums-to a,iens-lo ciiizens-and even
10 Satcs Look the statute book and you VII! ind
lis paues filled with acts of this character. not unde'
one but under all administrations, not by one but by all
partics VIII it bc contenGed that these laws, making
donations Of the public lands do sanction the prn
cpe of dis,hulion far the rigM TO dtsfrdne Is
concerned: Certainly, If Congress can make these
puytiQi donations to the States, to individuals, TO
corporalions it has The right 10 make an equal aho
impartial distribution Of .hia fund amongst The states
If it has the right distribute nncquaHy, 1t has the
right to distribute eqaaNy IL il has the right to
make donations 10 some Of the States 1t has TIC
same r;gh; To make them TO all. il Is fact, that
twcntyone States of this Union have, IN some form or
other sanctioned the principle Of distributions Again,
viii appear by reference to o.c:a documents, that
Sl2l>7 900 have been granted 10 the soldiers oil the
Revolutionary war and the late war, IN land or money,
rs hounties Indeed Mr. Benton states in his speech,
from which have read extract, that The L. D had
given away much as they had sold up TO $50
I'm answer, then, to the armument"f the gentleman
from Louisa will appeal to the authority OF twenty
one out Of twentys,x States OF this Union, who have
sanctioned the principle of DStributlon-o the ann
trruptcd practice of the Government from lis com
nencement-to 'rh0c systems OF laws, whose conSttu'
tionality has remained unquestone" up 10 'hs day"
the op:aions Of all gertts, who have IL some form as
serted The rrht Of Congress 20 dispose IF the public
lands--n short 10 the elpreSS rGrdS oi the e"hsli'u
ton which gives 10 Congress, IN express terms, The
right IT, dispose Of this fund.
| will now reply 10 that portion of the gentleman 5
speech, in which he discussed this question as CONNECT
ed with the deeds Of cession executed by Nrytna and
other States The gentleman, may remark, has saved
himself the trouble Of gong in'oa history oil these dcecs
in order 10 show the obligation Of Congress 10 comply
with their provisions. lie admits the trust imposed
upon Congress- BIZ those deeds, and the obligation 1t is
under To carry INTO effect the intentions OF the granors
IN the deeds: bnt contends that the Distribution aw
is violation Of the deeds Of ceSsion aud that the
only way OF carving the intention OF the er1ntors
into r;f,c, is apply the proceeds OF The sales oil
tie lands the current expenses Of The Government
merely wish to state his argument on thus point Tor
,t,. t.- ~ discus
ablest men Of the country that shall be excused from
going into details The point between the gentleman
from Louisa aud myself Is simply this. lie con.
ciudes that the lands, being the common property,
should he applied 10 tie common purposes OF the
common Government |, on the other hand though
adn,ittiug tbs land fund be common fund for
all the States contend that 1t the intention Of
the States that this fund should be applied Ivy the
National Government TO heir separate THIS ques
ton therefore turns manly upon the deeds themselves
That, which vas executed by Virginia IN l.ci, ceued
more territory than any other. The deeds From other
States were drawn in language nearly similar. The
deeds from Virginia stated, that the lands should be
coded as "a common fuad for the and beGe OF such
Of the United States have become or shall beconr
" members Of the Confederation or Federal alliance o"
" the said States, according 10 hsiF ns"a TfsPectre
proportions in NE general charge and expenditure, ana
Shall be faithfully and boaa fas disposed OF for that
90 purpose aud for other purpose chdtSo-
" err. Could any language have been used which
would have been palmer; and which would have
more clearly Indicated the design Of the grantor
that there should b. 4 separate of this fund.-
The deed specifies the ratio If contribution 10 the
general charge and expenditure, that By which the
proportion which each State shall receive IS TO he set
tied. Al the deeds contain the remarkable phrase,
slrgiEia inclusive, Georgia inclusive, &c. Why
was necessary Ia this language II II was The IN.
cn,ion Of the urantors that this fund sonld he used by
the Federal Union in is current expenditures. If had
been theif intention that il should he thus used, Nrgi
ma as one Of the States would have enjoyed portion
Of the fund and certainly there would have been ne
necessity for the insertion of the phrase The same
caution is however observed 10 all Of the deeds and
therefore, the Inference is irresistible, that II was the IN
enon %: tie States ceding these lands That their pro
ceeds should be r separate Us" and distribution among
the States that "wcre at that nc and that should be
come members Of the Federal Union
Again. ask the attention Of the gentleman to ano
tier writer Of the question, winch think ought to set
tie Il. AT the time these deeds were executed, the
General Government had not been established. The
States united 10y The articles Confederation How
wac that Confederation supported: Ey contributions
from the States. These contributions were made IN
compliance with acquisitions from tac Congress oil The
Confederation and each STATE paid in proportion 10 The
assessed value of tie lands within its nh, Suppose
requs,,ion had been made upon Virginia for her pro
portion OF the amount required Tor the general charge
and expenditures suppose there was required OF all The
States s. 600 coo, and Virginia proportion was lG
UOJ: virginia inight pay lhto Tue -'i'i""ai lieu
surv the amount required Of her, and by the ex
press terms Of the deco would be entitled 10 a
portion Of the public lands, amounting TO her
proportion of the general charge mud expenditures
In tie supposed, her share would be enc tenth Of
that sun Of &I,G0o0o0. Suppose in the same ycal
there had been sold Sl,0000O0 worth OF the public
lands, Virginia would be entitled 10 her ds,ributivc
share OF 100000. regard this view Of the subject
conclusive because from the nature OF the Gorfra
meat 10 which the grant If this fund had been made
there c0uid rat haze teen compliance 'sh TIE terms OF
these deeds ercePt By distribution amongst The States
In the Illumination othis subject, have referred 10 the
journal Of the Congress Of the Confederation, and
find ihat in l1c3 ,hcte complete con,emporane
Gus xposi.on OF the Intention OF the acts Of cession
The House viii recoliect that Tie deed from the State
of Virginia executed III ia. At Tie first session
of the Congress Of The Confederation cttcr the cxecu
ton OF this deed, ordinance passed fixing The
price 81 these lands nj 81 per acre IN certificates oil
publ: Gtai. This ordinance directed them to be divided
as la; myryed, into ~ portions, according 10 the
quotes o Ia" States IN the last acquisitions; d'tT5aro
GmoBg tie att5eat SUITS, aud offered al every count;
cunrt hou>c This ordinance Il shofd he remembers