Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-03-19
REMARKS or MR. sTRoTHER,
on THE DISTRIBUTION ACT,
IN THE HOUSE OF DELEGATES,
.March 5th, Isi2.

=
out or my convictions OF It's very great importance
and ~ increased by the surprise expressed by III,
gentleman from Louisa, that any Estates Rights
man should be an advocate OF Distribution. Al
monished by the late period Of the session, and tn
amour: of important business'yet to he despatched
will consult oreviIy in the EXPOSITION of my view
In considering the question, shall make distnc
ton between the lands ceded by the States, an,
those purchased by MIR Jefferson; because the deb
created for the latter was charged upon the former
by which they became part OF the "com MOI
fund.-" created by the deeds OF ceSson. agree with
tho gentleman from Louisa, in his construction o
the Federal Constitution, and in the opinion, that
whatever power Congress Ind over the subject was
derived from the deeds Of cession but dissent en-
tirely from his construction OF the terms and mean
ing ofthosc deeds. | believe that they warrant, and
in fact require, distribution OF the proceeds of the
sale of the pub &c lands among the States. IL would
be collected, that by the treaty nj 1873, Great
Britain did not acknowledge the independence Of
the United States, as oLo nation but recognized
each separate Colony an Independent sovereignty
by name as they were respectively formed by then
ancient charters thereby surrendering 10 each the
undivided ownership OF whatever domain was with.
m its chartered limits. That such WAS the nature
and effect Of that treaty, was Acknowledged by tn,
Federal Government in its purchase, in 1902, from
Georgia, OF her western lands for the sum Of =,
$50 600. Some OF the States held large territories
stretching far into the West; while others were o.
very circumscrbed extent. The les, for innate
States, fearful of the prepon1erance Of power &c
arise from this inequality OF Territory, and belev-
ing that they were equiaby entitled by their con-
trbutons 10 the war Of independence, To participate
IN the beneh;s OF thus immeosc domain, Claimed q
surrender OF II 10 their common Government. And
between the years 1881 and l7s5 the States Of New
York, Massachusetts, and virginia, ceded their
Western lands 10 the Federal Government; nnd
the States Of Connecticut, and North and South Ca
rona did so at subsequent periods. IL will also be
borne in mind that previous TO the adoption or the
present Federal Constitution. the Federal Govern
mcnt held very limited powers, and its expenses
were paid by contributions from the several States
made Ivy them in proportion TO the value of the
real estate within their respective limits.
MIR Sirother said, all the deeds OF cession being
alike, will quote only from that made by Virginia,
who surrendered beyond all comparison, the largest
extent OF Territory. That deed recites, shat the
lands shall be considered as common fund for the
and benefit OF such OF the United States os have
become, or shall become, members of the confede-
ration federal alliance OF said States, Virginia
inclusive, according TO their usual respective por
tons IN the general charge and expenditure, and
shall lie faithfully and bona fde disposed Of for that
purpose, and for other purpose wha soever" Such
being the terms OF the deeds, what is their mean.
Inc, as appearing on their face, and intended Ivy
those who made Ihem1 What was the extent and
limit of the powers OF Congress under thom7 The
gentleman from Louisa eued, that they do no,
authorize or warrant distribution OF the proceeds
ofthe sales Of the lands among the States but ere
u fund for the common benefit in the form and char
uCAcT oi hOuFCc OF ordinary revenue. n1WlnE from
thence into the public isc, like to that from "cus-
toms" and to be applied in the mode as is the
lAitr-to the ordinary uses of the eovernmcnt.-
Such construction ofthese deeds is in direct conf CT
with their provisions, rs | will proceed TO show
Ire gentleman from Louisa will recognise without
argument, the corTectLess Of the judicial rule
which requires such construction OF a written
instrument as vii, give effect 10 all its parts; and
he will further agree that the circumstances, under
winch the deed was made, are also TO be consider
"a along with il. At the time when Virginia made
THIS deed OF cession, she was a member Of the con-
iederacy and a participant OF ell its fortunes
whether Of veal or woe. Whatever contributed
10 It's benefit, benefited her also; whatever revenue
flowed into its Treasury, diminished TO that extent,
her contributions, discharged the common debts"
and Charges" and contributed TO the common
oeneht. Every expenditure Of money, and every
action by II, included her in its beneficial effects
Such was her relation TO this Govern meni; and vet
ih her deed, she stpuaies for q bona hde DISPOSE
ton OF this Common fund.-" stipu.ates who are to
Cerive beneht from II; fixes the proportions in
winch they are 10 be participants; includes herself
ny express terms, beneficiary; and provides that
Tor no other purpose whatever, shall this fund b,
disposed c. Ii the intention had been 10 create
iuru oil ORDINARY revenuc'-f the design ha,
seen 10 eEdow the Government, with an estate In
issues of which to flow into its Treasury
why were these stipulAtons made? In that aspect
are they not uncalled for, Inappropriate unmeanng
and atsuTd7 Ii this common fund was 10 be I
source OF ordinary revenue, why provide that the
Government, of which Virginia was a member
should eNpend II Tor the benefit OF its members
Virginia inclusive7" Why fix the proportions in
which this revenue was TO be expended, when in
that expenditure would consist the benefit To
what end, was this striking phraseology usec7 The
men VINO drafted that deed were able lawyers snd
distinguished statesmen, who knew the meaning OF
words, and the effect OF phrases; and yet under
the construction OF the gentleman from Louisa
they have preiaced an instrument, y hich would he
The rIltcu.e q IN T.
sisiain that contraction, you must disregard, en-.
trely, tie whole frame work Of the deed: for rs
s.ipulaions and requirements, ssns-'est and i'm.
paeueabe, when applied 10 the expenditure Of
revenue 10y the government. How can YOU mea.
ere the exact benefits 10 each State, Of the e1pen
otUrei How can you apply the standard Of the
iced 70 such eTpendIure7 And you must frs.
ppose thstE such pss the intention Of the drsf.
n-n q ine coed, and then supply such phrsseoo-
~ IS vii express snch 10 intention; for there is
rons s1ct, now eIisung 10 the Jee1s None ina,
u warrant sucn construction. o. that a The
rfrt oman f.cn. LOUISA. b. Z you turrose ID a.
N Craftsmen Of THIS deed, were couveyancers and
Ill give - JEST cons fUrtion 20 her I1nglase.
thsn voI are compelled 70 siop, ny viez Or the
meaning q .nls deed, a0d % recogn zs disir.5u.
ucn q -nl8 fund among the safes, Is me cispo.i-
t1n intended Such construction is er.ire.y a,
harmony with the deed, and gives eiTeet and mean
ing 70 every section and portion Of Il. IT. that
YeT Of the Whole subject, you behold Virginia
itro~ing her enormous wealth 1910 "ho,ch po:ca -
with her poor sisters, and providing that the Com
missioner, (the Federal Governmentl should dis.
pose OF the fund thus created, for the common
benefit Of all the SuteE, and distribute the pro.
ceeds Of such disposition, amOEz them, according
TO Their respective portions in the common e1pen
tes OF the Government herself melt jed and should
dispose Of the furd in TO other mode whatever
10 tnat view, the expression, "Virginla inclusive -
- appropriate and has meaning; md the provision
hNing Tie proper ions IN which the benefits were
10 be enjoyed, becomes not only sensible and com.
prchensible, but practicable and the stipulation that
this fund should be disposed Of bona fde for Inn,
purpose, and none other whatsoever, becomes M
propuaie, and oi effect. The connection too be
tween the inducement that lead Virginia TO max,
the deed, and the deed ITSELF becomes manifest.
The lesser States claimed that they had contrbu.
ted 10 take from Great Britain this enormous fund;
they had done 81 IN proportion 10 their resources.
and were emitted. If at oil, 10 share in the
same proportion; and Virginia, surrendered 10
them, this fund, and provided for iIs distribution
m precisely that proportion. IL is true that the
States did not claim such actual distribution
among hem; the reason for which was obvious.
The debt Of the revolution still rested upon the
States, and was part Of the Charges and txpen-
dhureF That required from them "conlnbu,ionsn
10 m extent Tor beyond their respective shnres Of
this common fund.- bnd they permitted an appi
cation OF o. directly TO those "chlrgos ard expendi.
lures" because that Gpp cation was in proportion
10 Their Liabilities, and the benefit received by each
yrs stu according TO the terms Of the deeds Bot
they could not only have demanded, but have r..
quired, an actual disttibu,ion. n psrcbance II bod
been 10 the interest Of the States TO make tbe,,
quotas Of contribution from their own Golfers tbev
would have been entitled IN receive, and the o.
vernmeni would have been bound 10 pay their DOR.
tons Of this common fund" or, IL the issues of
his common fund had exceeded the "chnrges and az
u. HHaN..