Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-07-18

But who now dreams Of a surplus. with 90 pc
cent rate Of duty-or any other duty. indeed, tha
can he imPosedi Instead of a surpIs, you have
rtandns deficiency oi many millons-your Urea
surY ~ literally bankrupt. you have deb, alread,
runnn. up to between twenty and thirty million
OF dollars, and your credit Is impaired that yo,
osa borrow, II at all, only upon the most d,advaa
togeous terms. Aud yet, in this De plorable condi
'oa oi the national finances and credit and IN de.
pits OF solemn legislative compact To the contrary
YOU called upon to alienato one Of tina mos, i'm
poctant hnsncai resources Of the nation bv the sur
renjer OF It's public domain to the States, eours
so opposed to every ordinary maxim Of politica
prudence ana SQUAD statesma nship, must need no,
as apology m some new aud ingenious refinement
and aecordinsiy IL has been discovered after sisl,
years exclusive ADD undispued possession and us'
Of the public lands by the United States that they
do not bolong To than. but are truth. the proper
~ OF tho several States, I fine Il very difficult
Me. President. to address myself seriously TO 81
strange md novel a doctrine, which my honorabl,
colleague tMr Arehsr) not long since characterizc,
10 hts own nervous aud impressive manner. us fal
lacy 80 gross as hardly to admit OF encounter and
rtio.stion. Yet 1t has the sanction OF some high y
respectable names, and has, know, made an I'm
preston on many intelligent minds IN my own
State. IL must, Therefore, be met and examined
ani its utter want OF foundation IN reason and fact
he exposed.
But before proceed TO do this, will remark tina,
comparatively little would be gained to the cause o
Distribution, even II this new hypothesis were true
The whole argument is built on q clause in the
Deed Of cesson from Virgins, and applies, ofcourse
exclusively to the lands coded by her, which form
but ltto more than one tonth part OF the entire pub
lac domain; the great bulk of which having been
purchased from France aud Spain, with the com
mon treasure OF the nation, because, in the fullest
sense, the property OF the nation.
Let us now, however, see what is the notable
discovery which has been made in relation to that
portion of the public lands ceaed TO 'the United
States" by Virginia. In her Deed of cesson, there
is aclause declaring that call the lands within the
territory cedcd to the United States" with GER
tain reservations) "shall be considered as common
fund for the use and benefit Of such OF the United
States rs have become, or shall become, members
of the confederation federal alliance Of the said
States, Virginia inclusive, according their usual
respective proportions in the general charge and
expenditure, and shall be faithfully and bona fde
disposed Of for that purpose, and for other use
or purpose whatsoever" Ii is contendcd that this
declaration, that the cession to enure to "the
benefit OF such of the United States as are or shall
he members oil the confederation, Sc, according to
their usual respective proportions in the general
charge and expenditure" plainly contemplated n
separate and distinct interest in tho subject of the
cclson, in favor of the individual States 10 be de
termined by the proportion referred 10. But, when
II is recollectcd that the American States not
then, as now, connect cd together by an intimate
political union, but were associated merely by a
league or alliance, leaving TO each State its entire
independence and sovereignty, it will be perceived
a. once, that the language employed in tie Deed OF
ceSsion was appropriately adapted to the peculiar
relations then established between them. These
allied confedernted States had "a common trca
sury," out Of which "all charges of war; and other
expenses for the defence or general welCar,
were TO be defnyed;" But this common Treasury
was Ito be supplied by the several States, in pro
portion to the value of oil granted land within each
State" The rule by which, according to the Deed o
eesson, the States were to participate in the benef
of tho common furd or the ceded lands, was iden
teal with the rule by which, under the articles o
Confederation, they were TO contribute the COM
mon Treasury, out OF which the general chars
and expenditure was TO be betrayed. The mos
natural and efectual means by which the State
could be made to participate, according TO the pre-
scrbej proportion, 10 the benefit OF the public lands
was to bring their proceeds into the common Trea
suty, and there apply them to the general charge
and expenditure, TO which the States required
20 contribute, by the same precise proportion Thu
plain intent and meaning, therefore, ofthe Virgins
deed was that the proceeds Of the lands ceded by
her, which were declared TO be common fund should
be brought into the common Treasury, and Their,
enure 10 the benefit Of all the States ACCORDING 10
their respective proportions in the general charge
and expenditure, by being directly applied 10 de.
fray that general charge and expenditure.
Thatsuch was the destination sought and intended
by oil parties, TO be given the proceeds Of thes,
coded landsis demonstrated, beyond all controversy
Wy the history OF the proceedings connected with the
ccssion. IL II we'll known that the large quantity
of western lands embraced within the charterel
limits OF some OF the States and especially Of Viz
IN the event ola successful issue of the CONTEST
whether they were TO TO the general ant
common benefit OF all the States, or remain TIT
r-~p.-., ttv cIaIus witnlu -I-e.. lin,
ITS they lay,-becams subject Of xious anG
deeply interesting discussion, very soon after III,
commencement OF the Revolutionary war. Thi
question, indeed, acquired so paramount anu con
trolling an influence that it impeded for long
time, the final ratification of the Articles of Con
federation. These articles were acceded 10 an,
ratified 10y ten of the States on the 9th Of July
i77S; but Maryland, New Jersey, and Delswar,
sui held out ~ their refusal TO acccde 10 ho ant
oil oil them mainly on the ground that those article
did not gave In the u. States ia Congress for the gen
era! uses Of the confederation the entire control n,
disposal oil the waste and unappropfiated lands "
1ng within the chartered limits Of the several State,
IL II quite instructive and, indeed Highly importan
rs bearing on tho true character aud intention O
the cesslons which made, to see what Ian
euage was held by these States on the subject a
she western lands. First in point OF time, New
jersey, in formal representation submitted by he
90 Congress on the 25ih July Tvs held the fol
lowing clear and explicit language:
at was ever tho confident expectation Of This STATE III
fhc benefits derived from successful contest to h
general and propononatei ana the properly OF th
sue % the war would belong % the Uaed siafss, 0a
disappointed IN finding no provision made In the oonc1er
Hon for empowering the Congress TO dsp0e Of such pre-
commonly called the lands dsfrayinE ne ,
cases Of The mar and for such other public and gsneT.
fsNFssts
There is here. certainly, not the remotest idle
animated of any separate and distinct benefit To
derived to the individual States, and to be enioye
ty them severaly, from the Western lands, but III
demand is that "they should be long to the Unite
States and be appropriated to their use" and dis
posed of "for deiraying the expenses Of the wa
and for such other public and general purposes
the whole confederation But let uB now see yyha
was the language held by Maryland. She was IN
State that took the lead in ngitating the question o
the Western lands, and for three years, perssyer
ingly refused on that ground alone. TO sccede [,
the articles Of confederation. On the I5lh day o
December, i775 sho addressed special instruction
the subject TO her Delegates in Congress il
which after laying down, IN similar terms, The prn.
cipes contained ~ the representation Of New Jer-
scy, she formally "insrucied her Delegates not "a
nsTee 10 the confederation, unless an article or arii.
ces DO added thereto in conformity Declaration
transmited with those Instructions, 10 be laid he
fore Congress, and copies Of IL 10 10 delivered 10
the Delegates Of the other States. IL is little re
markablo that while the instructions nre entered
upon the Journals OF Congress the Declaration il.
self is no, TO be found there. IL is however by far
the more important document; aud ns | have been
fortunate enough, in my researches 10 fnd 1t in On
appendix 10 compilation OF the ancient stature,
Of Virginia, and as II has never hitherto been
brought TO light so far as know, in the discussions
which, from time 70 time, have taken place on the
subject OF the public lands, beg leave 10 c,lI III,
attention OF the Senate to rs most significant nnt
conclusive language. would especially invite IN,
attention Of my honorable friend the Senator from
Maryland, who sits near me, (Mr Keu,) TO TN
language Of this important document which give
80 little cOun,onanes, II will he seen, 20 the new
doctrine Of q separate dig'ributive vested right o
H.. IT, al l.. - 80