The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-07-02

and eX EXPRESSLY reserving or securing to he United
States right IA common In and 10 ali the lands ~
10 TO the westward Of the frontiers as aforesaid, a.
such that the said lands be sold out, "her
vice disposed OF JJr the common bsniM Of oil The
States and that the money arising from The sale VI
those llnds he quit rents reserved thereon may be
deemed and aiken part u The moneys belonging 10
the United States, AID as such be appropriated by
Congres, towards defrayng The trPensss Of The toar,
aud The payment Of interest on moneys borrowed, or
TO be borroped on the credit OF the United States
from France or any her European power, OF for any
other Joint bsnsft Of the United States
N thing, surely could lie more explicit and une-
quvocal lnan the language used mere he western
lands according To the demand OF Maryiand' we'o 10
be disposed OF Tor the bencht OF all the otaes
and the money arising ryn The sale thereof was TO De
deemed aud aiken part Of The moneys belonging
10 the United stat $, and such, 10 be appfopfaeo
by Congress towards defraylng the expenses OF 'he
war the payment Of the national debt, or ior any
o her joint benefit of the United States MS de-
claration of the State of Maryland, and remon-
STRANGE OF the General Assembly OF Virginia Oh Inc
18th December, l779, protesting against any rgn' VI
Congress 10 decide the claims al certain iahd conn
PAM TO a portion OF her Western territory, "'iere-
feTed by Congress- To one aud the same coulini"ee.
On the 9th day of September $780, the report oil mat
commiltee taken into consideration, ana fes'iu
ton was tn reu2on adopted by Congress Iecomiheho
ing To the States which have claims TO the Wes'ein
country 10 make liberal cesslons OF Their territorial
claims "for the general benefit, and thereby theo
tually remove the only obstacle TO final RATIFICATION
of The articles OF Con ederallon and earnestly re-
quostng "the Legislature OF Maryland to authorize
their Delegates in Congress to subscribe the saia
articles" On The 10Th day OF the following Inon'h
another resolution was adopted by Congress, aeo'ai
ing that lhe unapproprIaed lands that may De ceueo
or relinqushed United Staies by any particular
State pursuant to the recommendation of Congress OF
the 9Th day of September last shall be disposed ol Tor
the common benefit Of the United States" &c. Nr-
ginia thus appealed TO by Congress, and having De-
lore her the resolutions and declaration of Congress-
and of Maryland the 81 Of January, l7ol, passed
for cedlng the whole of her Northwestern Ter
rlory the United States. trust, MIR. President,
il will be INDUCED paIdonable hlial pride, when
say that mott ing can be nobler or more elevated
than the language of the preamble to that monument
tai act of her patriotism and munihcence. III SETS
FORTH that " the General Assembly of Virginia being
well satisfied that the happiness, strength and safety
Of the United States, depends, under Providence,
upon the ratification Of the articles for federal UNION
between the States and then adding, IN that spirit
of generous and sef-sacrihcing PATRIOTISM, which
ever has, and | trust ever will con niue to aclate
her public councils, Were the interests and welfare
of the whole Union are concerned, that "prJeTtng
the good Of their country TO erery object Of smaller tnpo-
tance" they g Do resolve that this commonwealth
will yield to the Congress of the United States for the
benefit of The said United States, all right, title, &C." to
her Northwestern Territory This act being passed by
Virginia the I'd day of January ISL the Legsla-
turc of Maryland did, on the Both day Of the same
month"; pass act empowering h Delegates In
Congress to subscribe and ratty the'arcles OF con-
federation and on the lst day of March following,
in pursuance of that authority, her Delegates, In
the presence of Congress- signed and subscribed the
said article "by which act" the Journal OF
Congress solemnly expresses 1t, the confederation
of the United States of America was completed"
From this connected narrative OF the proceedings
in regard TO the cession of the Western lands,
and coItatiny the RI aDly COinclueut language
of all the contemporaneous public acts relating
to them whether of Maryland and New Jersey
who demanded their surrender to the United States,
of Congress who recommended 1t, or OF Vlrgl-
MIA who executed it, can any thing be more
lndispulaby established that 1t was the purpose, IN
tenton and concurrng declaration of all parties that
the made for the joint benefit of the Oni-
ted States, and NOT is argued, for the seperdl
benefit OF the indiridudl States
The act of cession of Virginia. referred to
above, not Immediately carried into execu-
ton, IN consequence of some objection made
IN Congress 10 Two of the conditions annexed to
the cession. On the l3lh of September, 1853,
however, Congress passed an act accedlng TO all
the other conditions proposed by Virginia. and on the
2Oth day of October following the General Assem-
bly, of Virginia passed act authorizing and empow-
ering her Delegates in Congress TO convey by deed,
unto he United States, for the benefit Of the said
States all her right, title and clam 10 the North
western Territory, subject to the terms and cond-
No''"'
lions, is the very clause. $50 much commented upon
to sustain The new theory IN regard To the character
OF the cesslon which set for in ipsissmS rerblS
n the acl Nothing Can more conciu>iNey oW
what was the understanding of this clause by The Ge.
neral Assembly of Virginia han that, IN The preamble
OF The very ACT sti ag 1t fortb, together with the
ether conditions of the cesson they refer u the ces-
sIons Of territory whoa had heen Invited 10y Congress
as beng Tor the " common benefit OF the Union, and
in yielding to this rec ommendston, they express 1.-The
f.,ilr n innr fh.t NJ ,ps cn
State Tor the liberal ce,sIvn she hath de, earnestly
press upon the other States cai ing large tracts o
waste aud uncultvated territory the Iroprety f max
ing ctssions, equally LIBERAL for the benefit and
support of the Union" The Legislature of Virginia,
IN this act, seemed to have taken especial care, by
the of the collective term, (Unon,) to exclude
every appearance of ambiguity, and TO show, beyond
all controversy, that the cesson made by them was
for the benefit of the United States in their aggregate
and not their ndird,a capacity. And yet TINS preg-
nant Interpretation of tn character of the cession
the very act under which it is made is overlooked
a circumstance the more remarkable nasmuch as
the whole act is set forth and reced in the Deed of
cessi1n itself.
(NIr. SMITH, Of Iadana, chairman of the Commit
tee the Public Lands, here remarked that an ord-
nance was passed by Congress, very soon after the
ssion by Virginia. providing for distribution mong
the States.)
MIR. RyEs said he was quite surprised that gen.
teman presumed to be conversant with the hsto-
tory of our land laws the honorable Senator from
Indiana should, for a m ment have been deceived
as to the true character of that ordinance. What
was it, Mr.. President 1t provided for the appoint
ment OF surveyors and geographer to lay off the
public lands into suitable and convenient di, visions
and subdivisions, and directed the plas of these
veys to be returned to the Board of Treasury, when
the Secretary OF War was to draw by lot one-seventh
part of the townships and fractional parts of town
ships to SATISFY the military claims, and " then the
Board OF treasury was to cause the remain
ing numbers to be drawn for, in the name of
the thirteen States, respectively, according to the
quotas in the last preceding requisition on all the
States" But what, then was to be done with these
townships and parts of townships so drawn for in the
name of the respective States' Were they to be-
come the property of the respective States, in whose