Martinsburg gazette. [volume] (Martinsburg, Va. [W. Va.]) 1833-1855, 1843-03-23

viii il be gravcly contended, that ION
,ress may rightiully dispose of the lanos
themselves, but cauuo, dispose OF the pro-
leeds Of the sale Of them that Congress
nay give the lands, or the proceeds, 10
but cannot distribute them a.
nong the States
Under the same delegs non Of power IN the con-
,,itutiop Congress Las exercised the power o. his-
posing Of The lauds orqured by the cessions OF Tue
States and IL seems wonderful That tne constitn-
tionaI power Ia nske such disposition should be
1t this late day. and coptroyerted with
such apr .rent sincerity and perinscity, when we
look b.ek 10 the action Of Congress upon the sub
iec, nom the foundation Of the government, and 10
tba opinion. Of our Presidents and distinguish
ri statesmen Of both and Of al parties, in reference
10 IT, We perceive, by examining the laws OF the
United States, that almost innumetsble grants and
appropriations oithe public land. to different indi-
viduals private and corporate, and Tor Divers OBJ
scts, have been made from time TO time, aud The
po~ er TO do so, never for moment disputed. Bur
not only has CongIes. the eonstitutioHai poper TO
make such disposition; it IL hound by compact to
give the benefit Of the lands which the United
States acquired by cessions from individual States
not to the States which ceded them, bn'in fateable
proportions to all the Stairs of the Union. The
Supreme Court Of the United States decided, IN
the case Of jackson Clark, Peters ?. 626
THAT the General Government received this terri
tory in trust for The ase anil 5emeft Of the mem
beers Of the Coniederscy." And General jackson
in his message to Congress, in December. 1892
said" IL seems to me to be our true policy that
the public lands .hali cease, soon practicable
to be a source Of revenue" And his message IN
1898, employs the following pointed language
:" The cessiens Of Virginia, North Carolina. and
Georgia. in express terms. and ell the rest implied
w. not only provide specifically the proportion &C
cotdng to which, each State shall proitby the pro-
creds Of the land sales but they proceed TO declare
that they shall be faithfully and bona fde dispos-
ed o for that purpose, and for no other use or pur
pose whatsoever, and adds, " the Constitution
left al the compacls before mode in full force, and
the rshts Of all parties remain the same under me
ne " Government, that they under the Con'ed'
eraron" And again: "The solemn cnmpacts, invit-
ed b, Congress in resolution declaring the purpose
To which the proceeds Of the lands should be sp-
piled originating before the Constitution, end form
ing the basis on which it was made, bound the Oni-
ted States 10 particular course OF policy IN reIa-
ton to ,hem, by ties a. stfoeg a. ca" De ih'ens"
to secure the fanh OF nations
Tbi. language il most forcible and conclusive
and ought, we should think 10 have weight IN
certain quarter. But besides these examples 'i
authoritative exposition of the CONSTITUTIONS pow
pr and duty Of Congress TO dispose OF ths Puoho
lands iof o:her pnr poses thah 'eFe - -,
rions propositions inttodoctn at ''"'
ny eminent men--aha lucy % w e.. ,t.i, a.a.
Tor the dl'possi OF these lan"'
dual cession to the new States. aud we may mem
ton especiaDIy the plan of Nr. Calhoun, Which
concentrated transfer Of the whole OF These ian''
to the States with reservation only OF one hnhtne
uett proceed. Ia tie United States This PROPOSE
tion was, OF itself, SURRENDER Oh 'he W"''e "so-
ment In favor OF me c"nsutl''o"'i army "
gress to part from these lanh', IN whatever t'o'e'
and upon whatever terms u m'gh' 10 '' "'S'o''
aud Justice determine. II iarther eVfiehee "e'
wanting. of what the public sentiment a. 10 rr'a
ton to this power. We may mention the re'o'u''"hs'
adopted by twenty ont OF twenty'sx state L"s'sia
tures ofrhe Union, strongly recommending Tue ?o'i'
CIV of distribution. Here we might conclude the
argument. and ak what room can oe iouna ior
hesitation and dopb'
Bat some of our opponents, taking a halfway
stand upon the subject and possessing an over-nce
discrimination whist they admit the control of
Congress over the public lands and its power, I'M
dor The Constitution to dispose of them in the
ner proposed, contend ihst the States nave u"
china asof right, and that there exists no legal OBJ
legation to distribute the proceeds of SAFE. ANA
they deduce their concusions-not nom the nan
guage of the deeds Of cesson, which furnish the
best guide to a correct interpretatian--hut from
the reluctance which some ofthe States manifested
to ratify the confederation, some OF them requiring
a condition precedent 10 their ratiiying the art-
ces that the States holding these lauds should sur
render them TO the United States, tor the JOINT
benefit Of all the States But those WIN so Argue
forget, or do not advert to the fact. that, n"tw'f-
standing this requirement on the part OF these
States, this surrender cession was not made I'M
Ill after all the States had ratified the c"n'edera'
ton. (the Iescu.ant States, Maryland, Ne'e Jersey
and DeiaTare, Included nor were the er's'on'
finally made upon the terms recommended y'hese
rescusant STATES. on the contrary the @'l''''s u,
confederation we've adopted IN lI'o, an" me "eFu
of conveyance from Virginia, Tor lar 'he HteeS'
portion OF the Western Lands when were eea'' e,
any time To the United States was not executed
until l783-hve wears after the iallrcntion py 'e"
of the States, and Two years after Maryland New
Jersey and Delaware, who saw most danger asa
raised The greatest difficulty IN regard 10 H. "an
implicitly waived their objections, and Joined TOE
confederation. Nor were the terms OF '"s'"'a
c...on made in any respect to conform To the re-
concentrations OF the rescusent States.
The.e deeds. do not, therefore, constitute a con-
ditou p,eced-nt 10 rhe ratification, and form no part
of the compact unon which any of the Stats ac-
coded To the confederation. On the contrary, the
terms OF the cession exclude the conclusion that
they we're dictated according 'o tha v'e"s, ana IN
obedience to the wishes or the Tears o' tue trscu-
sanr States: The deed from Virginia particularly
shews, beyond controversy, that tae lands whlch
she conveyed we're 10 DO considered and held "a a
several and not pint fund.- and expresses IN words