Lynchburg Virginian. [volume] (Lynchburg [Va.]) 1829-185?, 1842-04-14
LYNCMRVRG, THURSDAY MORNINGS APRIL II, IsI9.


session."
Mr. Benton hare enumerated many Of these donations
the bounty 10 officers and soldiers oi tho Revolutions
100000 acre. in the year l3Sl 10 actual sotlles in
Ohio; II 900 10 the French Gulops donations to
the Nova Scotia and Canada refugees 5000 900 acres
to the soldiers Of the late war; 10000 Ia the Frenc,
settlers III Alabama; donations to the States for
Government and 10 counties for court huusos TO schools
and colleges 81 600 10 General Lafayette; "a oo0 10 tho
ASYLUM ar the deaf and dumb Al ilartord 81 900 10
similar asylum in Kentucky. Mir Benton then contln-
ued, and declared the principle Of donation to be- entire
" free from objection.
The extract have read contains true history OF the
Legislation OF Congress the subject Of the public lands
From whom does II GOMEZ From Of the chief oppo-
ncns of the Distribution lawl lthus appears that the
right To make donations, has been exercised by every
Administration, and that donations Of land have boom
made Tor every conceivable pufpose-upon conditions
and without COndltions-tp schools and colleges
to asylums, TO aliens, to citizens. aud even 10
Statcs'' Look to the statute books. aud You will find
Its pages filed with acts Of this character. not under one
hut under all Administrations not by ono but by all par
t,,s VIII 1t be contendod that these laws, making do
nations O. II spuhlc lands do not sanction the principle
of Distribution. 80 Ear the right TO distribute is
ccrncd} Certainly IA 1sagTess can make these partial
donations the States. 10 tnGN duai' 10 corporations 1t
has the right To make equal and ''pafual dh'foahon
of this fund among the States II II has Inc Ight 10
make donations 10 OF the Statoa, IL has nc same
right To make them To all Its fact, that 81 Satsei
this Union have in some leIm oiher sanctioned the
principle oil distribution Again, II will appear by reGr
TO the official documents, thai S2,lS7 900 have
been granted 10 the soldiers Of tho Revolutionary wal
and the late war. IN land or money, "a bounues. In
deed, Mr.. Benton states IN his speech. from which
have read extract. that the United Siatcs lind given
away Us much as they had sold up 10 la'}6.
In answer, then. 10 the argument of tho gentleman
from Louisa, viii appeal 10 the authority of II out Of
% States o The Union. who have sanctioned the prnci
Pile Of Dslrlbution.-io the uninterrupted practice Of
the Government from lis commemorate the whole
System oi laws whose cousuutonaltty has remained I'M
questioned mp this dayto the OPINIONS Of all parties
who have In form asserted the feht Of Compress
dispose Of the public lands-n bhelt, To the eAposs
words Of the Constitution, Which gives to Congress, in
express terms, the right 10 s}hse Of THIS fund,
viii nov reply 10 that portion 81 the gentlemans
speech IN which he discussed this question connected
with the deeds Of ccssion executed by Virginia and other
States. The gentleman. may remark, has saved him
sell the trouble Of going into history OF thcso deeds IN
order IL so" the obligation Of Congress Ia comply with
their provisions lie admits the trust imposed upon Con
pross by those deeds. md the obligation 1t u under to
carry Into effect the Intentions Of the granoIs IN the
deeds. but contends that the Distribution law ~
violation OF the dcods OF ccsslon, and That the only
way of carrying the intention Of the granlors into
effect is 10 apply the proceeds Of the sales Of the lands
10 the current expenses OF the Government | merely
wish to state his argument that ppln br the subject
has been oegucny discussed by the abIcsi men OF the
country that shall be excused from going into details.
Tho point between the gentleman from Louisa aud my
the common property, should hc applied TO the common
purposes OF the colnnoo government. J. the other
hand, though admitting os IaUd fund 10 be common
fund for all the States. contend tet II the intention
OF the States that this fund should be applied by the Ma
tonal Government TO tier separate hs question,
therefore. turns mainly upon the deeds themselves
That which was executed by Virginia. in ESl, eedsd
more territory than any other The deeds rom other
States were drawn IN language nearly similar The
deeds from Virginia stated that the lands should he cedcd
as f1r p,uIHs of Oi
II nited States As have become shall become mem
"bcrs OF the Confederation Federal alliance Of the sad
Estates according 10 then usual respective proportions in
Tho general charge and expenditure. shall be faith
"uy and bona Gde disposed Of for that purpose aud for
mo other use purpose Whatsoever Could any Ian
guage have bCen used which would have been palmer
and which would have more clearly Indicated the design
OF the grantor that there should he separate Of this
nnd?-1he deed specifics the ,aijo n contribution to
the Goncal charge and expenditure. hat by which
the proportion which each State shall receive 10 be set
tied. All the deeds contain the remarkable phTase,
~ Irgina inclusive" Georgia inclusive" Sc. Why
II necessary this language. lit the lnen
ton OF the granOrs that this fund should be used by the
Federal Union in its current expenditures II II had
been their intention that il should be thus used, Virginia
as one Of The States wond have enjoyed portion Of the
fund.- and certainly there would have btcn necessity
for the insertion Of the phrase. The same caution Ii
however observed in all OF the deeds and therefore, tho
inference is rrcss he that il the intention Of tho
States codng these lands that their proceeds should be
for separate and distribution among the States that
were at that time and that should become members OF
the Federal [ MON"
Again. ask the attention Of the gentleman 10 another
view of the question, which think ought to settle it.
At the time these deeds executed the General Go
vernment had moi been established. The States were
united by the articles OF Confederation How that
Confederate on supported BY contributions from the
States. These contributions made in compliance
with acquisitions from the Congress Of the Confederation
and each State paid IN proportion to the assessed value
of the lands within It's limits. Suppose requisltlon had
been made upon Virginia for her proportion Of the amount
there required Of all the States 81 600 O00 and Viz
ginias proportion was 100000 Virginia might pay
into the National Treasury the amount required OF her,
and by the express terms Of the deed would be entitled
to portion Of tho public lands, amounting to her propof
ton Of the general charge and expenditures. In the
supposed her share would be ono-tenh of that
of 81 100000. Suppose in the year there had
been sold 81 100000 worth Of the public lands
Virginia would be entitled 10 her dstributivc
share of 100000. regard this view Of the subject
as conclusive because from the nature Of the Govern
mont TO which the grant If this fund has been made
there could not have been compliance with the terms
Of those deeds except by distribution amongst the States
In the examination of this subject, have referred TO tho
Journal Of the Congress Of the Confederation, and fine
that IN lIs5, there was complete cocmporaneous eX
position Of the intention Of the acts of ccsson The
House will recOoc that the decd from the State Of Nir
gnia executed in 1884. AT the first session Of h'
Congress Of the Confederation after the execution
this decd, ordinance passed fixing the price
these lands 81 per in certificates Of public debt
This ordinance directed them to be divided fast
surveyed, into Is portions, according 10 the quotas 0
tho STATES the Distributed am0np tn,