Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-05-25


the ,leh;ss, reference 20. and uniformly in violation
OF, that equal rule OF m ut pf.seribed yh
so much care and caution in the deeds Of ees.ionf
IL the authors OF the deeds OF cession did not
contemplate the transfer OF the Lands to the Fede
/ raj Government as a source OF revenue We AK did
the trainers Of the Federal Constitution have any
reference TO them IN the preparation Of ruAr instr
ment1 Manliesily not. The Constitution itself il
on this point its own lntespfe,er-and it's language
~ so PLAIN, precise and lucid that ..the wayfsring
man. though fool" cannot misapptehend or dis.
tort Its meaning. II provides only two source. Of
rersnus for the Federal Government-"inpos,sa and
t'Ses" The Lands were not dreamed OF at that
| time; Tor II they had been, they would have been
specially set apart for that purpose If rur Sr.rrs
Tor whose 'uss and benefit" they had been coded TO
that government IN trust, had not rehelleJ as VI.
take Tor granted they would have DONE against 50
slarng an niraetion OF the deeds and so m vi ,u.
an aegtc ssion upon their rights And in this c,n-
neeiion, We would ask all strict cons,ruers of IN,
consttut lon-those who claim 10 bc tho n,cnli,,
guardians and champions OF that instrument those
who, reversing the scrip.ural MAXIM contend thar
the spird killeth and that the kiier maketh alive
and who therefore 90 FOE e literal adherence 10 lis
provs'ons-wc ask them, where they find. in IN,
constitution, any warrant, even by the most forced
and latitudinous construction OF that instrument
for using the fund arising from the sales of the r,
Lands, as reyenuei And tchere do thew find nnv
provision OF that instrument, which sanctions the
purchase of Lands, to be aftcrw ,rds sold nnd n,
proceeds converted into revenue We CHALLENGE
I
s1uints at such a thing. On the contrary the RIGHT
To DO s." Is emphNcally negetived by the fact, that
other sources ot revenue" are provided and that
,hey are limited IN express language, to duties upon
imports and 10 direct taxes.
They, Therefore, who claim the ands ns Ecd,,,l
fevcnue do not only most lntitudin ously nterpr,t
IRE consututIon-an act which they hold 10 no in
o'hets crln'e OF no small magnitudc.-but thew
aI'u,'V m'etrolate words into that instrument
which ITS authors did not put there! So far iron,
the Public Lands being legitimate source of rev.
ehue Tor the federal government, we hold that I'm
using II ms revenue ut all, that government over
steps the express grant of the constitution, which
virtually cuts off from II all revenue not derived
from "imposts and taxes" While il inst as manifest,
~ uamples the deeds OF cesson, which clothed II,
ony win the powers OF a trustee, for specific and
enumerated purposes, under its feet
bni let us look at the cotemporaneous exnos;,ion
OF the meaning OF the deeds OF cession rs furnished
/ Ivy the Ordinance, passed 10y tho Congress oI tho
Consistency, IN l1S5. The public is indebted for
the htst allusion 10 this mos, important ,locumen,
To MIR Irving, the able member OF the House OF
Delegates from Cumberland county. The Enaui-
rer II is true, enieavored get lid of its force mo-,
ny critical exposition Of It's meaning but by the
Application OF one OF its favore epithes-sneerins
nj the Ordinance the discovering of mares n,
but we are much deceived, if before this discus.
SION is over, he docs not find it TO be rather nest
oil hornets. "J.teTsoR," too, the correspondent of
the Lynchburg Republican, abored hard and long
TO mystliy its meaning, and thereby TO imrair lis
ioree-though he manfesly reeed under the heavy
burden, which so severely taskcd and what i
more, bottled his ingenuity.
Inc argument against the construction given by
the friends OF the Distribution pocy to the OrJi-
nance OF l1s5, is, that it did not auiho,i.e the mo-
ney derived from the sale of the Innds 10 be onpI,
10 me ordinary expenses Of The States But what of
that The States were compelled to supnort tho
Confederaiton-and this they did by Lowing n Ia
upon their citizens for the purpose OF raising sum
snitcIeHt to pay both their own ordinary expenGi-
n nd fhp stfs., H.
by the federal government. IL made no difference
win them. therefore, whether the money arising
from the Lana sales was applied TO the one pur-
pose or the other-whe the general government
he'ins the management Of that fund, it was mos,
/ convenient 10 all parties that the Land money
after having, IN the express language of the Ord.
nance, oeenhrst "DIsTRIBUrED" among the States
IN the ratio of their proportion i'm the genera
charge ana expenditure" should go into the federal
treasury nj once. No one can doubt that If ~
States, or any one or more of them had chosen en-
TO DO, they might have applied the Land fund Ia
'heir ordinary expenses, and paid the general GOV.
eminent rs requsition f'om the proceeds OF their
taxes. The Ordinance shows this bevond ali
dispute-and that is the purpose for which i,
was quoted-thai, under the Confederation. and
Immediately after the execution Of the deeds
| OF cesslon, the money arising from the Pub.
! NC LANDS was regarded and treated as a fund
ier the SEPARATE use AND BENEFIT OF THE
SrArEs,"-and indeed, that was then REGARDED ns
the only mode by which the intention OF the cedine
States could be carried out and the rights of ali
parties secured. We ask our readers TO look again
at the language OF the Ordnance of 1855 as quoted
IN MIR SMITHS letter. |; will be seen that the and
warrants were drawn for in the name Of the thir
teen states, respectively. according to the QUOTAS
IN the last preceding requsi'iOnr upon them and so
careful were MS trainers 20 protect the rights OF each
state, and TO prevent any OF them from obtain
inS stenter dslrbutive portion than she was en-
tlt'ed TO, that 1t provided, that, 'n case more
and than ITS PROPORTION IS allotted for sale in AMY
STATE NJ any DISTRIBUTION, A DEDUCTION
SHALL ~ MADE THEREFoR AT TnE NEXT"
IL seem to US, taking together the language of
the deeds OF cesson and the ordinance of i7s5, and
coupling with the silence of the contribution in re
spect TO the Public Lands ms n source of "revenue -
mat no unprejudiced mind can for a moment doub,
that the Lands were intended "FoR rHs usg ANN
btsEFIr CT THE STATES" separately according 20
hXrd ard equitable ratio; and that the "use" of
them, Tor the "beneft" OF THE UNION, by which all
equality, as between the States, is absolutely de-
s'foyed, IS gross and pa pablo infrac,ion of the
deeds OF cesson, figrant outrage upon the rights
OF tne states, and an undenlabc violation both OF
the letter and spirit OF the federal constitution
we owe an apology to our readers Tor the unex.
pec'ed length OF this article The importance of
The subject, and the vehemcnce with which ths
friends OF distribution assaed, must be our ex-