Sentinel of the valley. [volume] (Woodstock, Va) 1841-1848, 1843-03-30

mine the character Of the powers granted
we mast briefly refer to them again. N.
York. in hes deed provides that the lands
.shaU be and enure for the use and hen
elit Of such Of the United States as shall
becou.e members of the federal alliance
Of the said states' Virginia, that the
lands shall be considered "a common
! fund for the use and beuelit Of such of
] the United States as have or shall become
members Of the confederation Of the said
states, Virginia inclusive. according 10
their usual respective proportions in the
general charge and expenditure North
Carolina, that lhe lands 'shaH be eonsiG,
cred as a common fund for The use and
bentff cffhe United States Of .4meriea, ".
Carolina gatlasire, according 10 their req.
spectire and usual propoi lions Of The gem
eraL charge AID e1penditure.' All. how
ever, concluding with a positive declara-
ton that they were to be applied to that
purpose and none other. 1T will be per-
celved that these lands were designed as
a Common fund, and that the appropria-
ton or disposi tion of them was confded
TO the congress. Each state was to have
an interest equal 80 the charge laid upon
4 il by the congress of the COmfederacy.-
his charge Was the amount Ut money
which each state had to contribute to The
support If The federal afiiaUce. The
congress in Nav, 1885, before the adop-
ton OF the constitution. passed an 0rdi-
nance providing that the money ari-
sing from the sale If these lands should
be paid into The treasury Of the United
States-And after the adoptiOn of the
constitution, to wit, in 1870, the proceeds
OF these and all other lands we're set a.
part for The payment of the revolutionary
war debt. Thus it seems that by the
4 earliest laws these lands did enure for
the benefit of all the states. were paid
INTO the treasury. and were applied to
the expenses Of government and defray-
ing the war debt. They did then enure
TO each precisely in proportion TO the
charge and expenditure, and the appru-
priation was i'll strict accordance with
the deeds OF cession. Nothing was said
about distribution until the debt was
] paid of, OR nearly SO; and the friends IF
distribution take the ground that they
we're only designed to pay that debt.
and then to be distributed. Think you
that the lawyers of that day were SO ig-
;. norant OF law phrases. that they could
not hnti terms To express such an inten-
ton! 1t would have been the easiest
matter Imaginable thus 10 have provided
but nothing Of the kind can be found.
No other conclusion can be drawn, but
that this money was to 60 into che general
treasury, aud be applied as money paid
by the states tor general expenditure. IL
/ this be true, then the law we are cOnsid-
ering, so ia: rs 1t is applicable TO coded
Janus, violates iii express terms, the con- y
| ditOEs OF said deeds, as the new states
| each receive half million Of acres, then
| ten per cent, and afterwards an equal
| propQEtion according to federal numbers.
. 1t congress has been acting as the trus-
tee, it has flasraAtky violated the trust.
But did the adoption 0f the constitution
change the position which congress sus-
tanned towards the lands2 We think
| not, as a reservation was made, that the
lights OF the United States and of the
states were not to be affected by it. This
brings us to consider the second propu-
| sitlOn. Admitfor argument sake that all
| the ceded lands are under the control of
congress, under that provision of the
constitution which says, THAT congress
shall haze pol0er;to dispose Of and make all
neutrality-suspicious. respecting the terri
tory. &c. $of the United StattS,; can any
OF these lands he disposed of for purpo-
sessfor which money ;inight not be appro-
prlated directly out Of the treasury. 1t
never has been cOntendeA. believe, that
1t would be legal 'tD borrow tinOney or 10
! raise money by taxes to distribute am
ong the states, unless The new doctrine
o: assumption, would bear that construc-
it'on. hsthls lie true, how can you distng.
uish between land money and ary other
money, and low can you distinguish
between the land money and the money
taken out of the treasury to pay for the
greater portion Of these lauds. No dis.
.crimiuatlon Is made III the constitution.
and none can be made. We lay down,
then. as a fact which cannot be denied,
that congress can constitutionally apprO-
pirate M mnnry tina, any oppose not emu
merated under the powers delegated in
the 9th section of the federal constitution.
or to the purposes enumerated in the
compact with the states to which refer
ence Is made in the exception referred
to- mat ,the constitution s1aN not be so
construed as to prejudice any claims Of
ne U. y. or any particular Staie.' Ii,
then the poser TO distribute the proceeds
OF the public iards is no where 10 be
iound IN the constitution, as substan-
ave, independent power, land assert
positlNely 1t is not to be found thereinl
Under what clause is it pretended the
power IS Conferred? i presume the gen.
erdl 'ceJqre is the stron sest, as that ex-
preston covers "A multitude. of political
sins. Ask the friends of distribution.
aru .ney 'teii you congress may dispose
oi, aaA make all necessary .rules and re-
su'd''otls concerning the same. Then