Richmond daily Whig. [volume] (Richmond, Va.) 1842-1861, 1843-03-09

portion was not originally and ought now, be msd'
party question. It, proPrev and necessity are recon
mended by important considerations, deeply al
fectng the Of the States and OF the people, eve
admit OF being prcjudiccd by the Espcry OF mer'
party controversy. IL is too universal and Pervsdng IN II
benecen effects and consequences thus 20 be considered
and carried lost and protest against H. But ou
adversarcs insist making issue with upon its
r, be tried before the people. we confidently accept
the condition and gladly enter the lists its cham
pons happy be advocates ct so Just cause, and yet viii
ling prcering, that the sole credit OF its support
should be left 10 US bat should be shared by our pou
cal opponents rather than its benefits 10 the people be post
poned single day. As they, however, contemptuouSy
spurn its support. and make fierce upon IT, cheer
fully assume the responsibility. and them IN the field
with profound conviction OF its magnitude and
an abiding confidence in IL ultimate
IL is objected this great that Is unconstu
donal IL sanazing that intelligent and impartial men
should this opinion find any for
doubt OF the public lands Of the United States, largc
portions acquired by cesons Of individual States to
the United States, and the residue he vast domains OF
Louisiana and Forida) by purchase under treaties with
France and Span since the adoption OF the
constitution.
With respect the lands acquired by treaythe
stuon explicitly provides, that 'ihe Congress shall have
power dispose Of and make all needul rules and regua
tons respecting the territory other property belonging
the United Sates Congress- thcn has righu OLrer
dispose of these lands, unless indeed IL be main
tanned (Which will hardly be prctended that they held
by constitutional tenure whatever. Congress has,
cordngy in repeated instances, exercised the power Of
dsposing of these lands a discretion Among many such
dispositions the public will recoect, with pleasure and
gratitude. the grant Of land in Florida 10 Cen Lafayette.
Was that grant unconstitutional and therefore vod May
be rsvokedl Or will be Cravcly contcnded, that Con-
gess may rghuy dispose OF the lands themselves, but
cannot dispose o the proceeds of the sale of heml that
Congress may give the lands the proceeds, TO ndyi
duals, but cannot distribute them among the Statesl
Under the delegation ct power in the constitution,
Congress has exercised the power OF dposng OF the lands
acquired by the cessons OF the States; and
deru that the constitutional power make such DISPOSE
should be questioned this day, and con,rovered
with such apparent siuceryand pertnacity when look
back the OF Congress upon the subject from the
foundation of the government and the opinions OF
Presidents and distinguished statesmen OF both and OF
all parties, reference oit We perceive byeSaminng the
laws OF the United States that almost innumerabc grants and
appropriations OF the public lands different individuals pm
waite and corporate and for divers objects have been made
from time time, and the power do never Tor mo-
disputed. But only has Congress the coHsfifu-
tioRd poIcer make such dsp sSion; II Il bOuRd by
pact, give tie benefit OF the lands which the United
States acquired by ccssions from individual States not
the States which ceded them but IN ateabe proportions
all the States OF the Union The Supreme Court of the
United States decided the of Jackson Clark,
Peters p 62S, hat the General Government received this
territory for the aud beReft Of the men,
bcrs OF the Contederacy" And Gen Jackson in his
sage Congress- in December 1899, said-"li
to be policy that the public lands shall cease,
'soon practicable, be OF revenue" And in
his message in 1888, employs the following pointed Ian.
guage-Ihe cessiOns Of Virginia, North Carolina, and
"GeOrgid in express terms, and all the implicitly, not
ony provide specifically the proportion according which
leach State shall profit by the proceeds ii the land sales
bOna d disposed Of for that purpose and for other
cor purpose whatsoeyer,"-and adds, "the Constitution
cleft all the compacts before made full force and the
"rghts of all parties remain the under the Co
"yornment, that they under the Confederation And
again: 1.-The solemn compacIs, invited by Congress- IN
"ResOuton declaring the purposes which the proceeds Of
he lands should be applied originating before the Consuu
zion, and forming the basis on which was made bound
"he United States To particular of policy IN rca
on 10 them, by ties strong can be invented 10 secure
"the faith of nations"
ought should think have weight IN certain quar-
But besides these examples OF authoritative exposition
Of the constitutional power aud duty Of Congress TO dispose
OF the public lands for other purposes than revenue find
various propositions introduced different periods 10y emi-
men-and they OF the strctest sectior the disposal
Of these landsome for their gradual cesSon 10 the
States and may mention especially the plan Of Mr..
Calhoun, which contemplated transfer of the whole Of
these lands the States, with only of halt
the proceeds the United States This proposition
was of ITSELF surrender Of the whole argument in favour
OF the constitutional ability of Congress part from these
lands in whatever mode and upon whatever terms, might
in It's wisdom and justice determine. If farther evidence
were wanting, OF what the public sentiment is IN relation
to this power We may mention the resolutions adopted by
20 OF % State Legislatures of the Union, strongly
commenting the policy Of distribution. Here might
conclude the argument and ask what be found
tor hesitation and doubt
But Of opponents taking halfway stand upoI
the subject, and possessing overnice discrimination
whilst they admit the control Of Congress the public
lands and Its power, under the Constitution, dispose
them in the proposed contend that the States have
claim, Of right and that there exists legal obligation
10 distribute the proceeds Of sale. And they dcduse then
concusionsnot from the language Of % deeds OF cesson
which furnish the best gui- -
from the Teucface which OF the States manifested ~
rafy confederation some Of them requiring coudi-
don precedent 10 their ayng the articles that the states
holding these lands should Surrender them the United
States, or he joint benefit OF all the States" But those
who argue forget do advert 10 the fact that
outstanding this requirement. the Of these States
this surrender, ceson made until after all the
States had ratified the confederation, e States,
Maryland, Nep Jersey and DslacHre, ncudedl were
the ccssons finally made upon the terms recommended by
these States On the contrary the articles Of
federation adopted l7IS, aud the deed OF convey
from Virginia. for far the largest portion Of the Western
Lands which cedod time the United States
not executed until lIe3-tve after the ratification by
ten Of the States aud years after Maryland, Ne Jer-
sey and DeLardre, who danger and raised the
greatest difficulty in regard it, had implicitly waived their
objections, and joined the confederation. Nor the
Of Virgnias cesson made in any respect conform
TO the recommendations Of the recusnn States.
These deeds, do not, therefore, constitute a condition
precedent the ratification, and form part OF the
pact upon which OF the States acceded the conede-
ration. On the contrary the Of the c0sson exclude
the conclusion that they dictated according the
views and in obedience the wishes the fears Of the
recusant States The deed from Virginia particularly
shews beyond controversy that the lands which she
yeyed 10 be considered and held seUeTG and not
Joint fund, and expresses in words plain be mis-
understood the precise object for which the made
The deeds 1T the ceding States nearly the Ian
guage and the tenor. For sake Of illustration
will quote the words OF the conveyance from Virginia
The lands conveyed TO 'hs United States
fund for the and Jsnct Of such Of the United
States hare become, shall beeCms members Of the
confederation tsderai alliance Of the said States
Virginia iuoiusioe according 10 their usual TespeefUe
charge and expenditure, and shall be faithfully and bona
de disposed Of for purpose and for other
purpose Thdtsrsr" And this express condition
the cesson. The stipulation procludcs the idea that this
fund 10 be applied to the ordinary purposes OF
revenue in which all the States, rather the people
Of them, would receive, equal rateabe, but still
portion Of the benefit; and the stipulation would
have been idle and ncongruOu, that the fund should be
held tor the Of oil the States OF the Union
then existing he afterwards admitted n rateabe pro
portions. and that Yrgna should be entitled her racabIc
share.
Whether regard the words and plain intent Of the
grant, its history, the construction which, have
has been put upon by the Supreme Court, and by h,
Messages Of President Jackson this absout,
unconditional grant Of these lands 10y tho ccdinR States
Had such been intended, words appropriate the
ing would have been used. But the language 1 this clause
clearly intended condition constituting trust which vest
ed the subjects IN the United States trustee be exc
cuted according to the import Of the instrument Il doo
not place the fund ~ the absolute discrcuOna
disposal Of Congress, but limits it To a particular
nd fifF