Sentinel of the valley. [volume] (Woodstock, Va) 1841-1848, 1843-04-06

absolutely returned delinquent. would
receive an equal sum with him who paid
Would it be just ia its operation p
Just SO with the distribution Of the pro-
ceeds from the public lands. It's paid
to the states in proportion to their fe,ler-
al numbers, and is received by those who
pay absolutely nothing, by way of tariff,
this alone is sufficient reason to reject it.
But there is a far stronger objection
to this measure, founded upon the want
OF Iega! and constitutional power in con-
gress to pass such IA law.
We lay down
as propositions that cannot be contro-
verted, LIST. That the lands which were
coded are held by the United States by
virtue OF the deeds of cession, aud any
disposition Of them must he ia accord
ance with the terms and intention of said
deeds. 2ndly. That, as to the lands
purchased by the United States, and ac-
CURED since the adoption Of the consti-
tuition, the proceeds thereof can only be
applied as the funds by which they were
purchased could be applied under the con-
stltutlon; or, IN other words, that money
raised from imposts. excuses, or direct
taxation. or by BORROWING, coald as vel!
be distributed among the states as the
proceeds of lands, such lands being pur-
chased by money raised in any Of the
ways authorised by the constitution. if
these<positions be true, land | hatter
myself they. can be maintained1 it will
be demonstrated beyond question, that
the late distribution law is net only in
violation of the compacts, but illegal and
unconstitutional. AS to the first posi-
TOM. Y. in her deed provides that the
lands shall be and enure for the use and
benefit of such of the U. States, as shall
become members of the federal alliance
Of the said states Virginia, that the
lands shall be considered "a common
fund for the use and benefit of such OF
the United States as have OF shall become
members of the confederation Of the said
states, Virginia inclusive, according to
their usual respective proportions in the
general charge and expenditures North
Carolina, that the lands SHAT be eons;d-
cred as q common find for The use and
benefit ofthe United States of .Aaaerica, N.
Carolina iac7lssiue. according TO their re-
spectire and usual proportions Of the gen
erat charge and expenditures All, how
ever, concluding with positive dettara-
ton that they were to be applied to that
purpose and none other. 1t will be per-
celyed that these lands were designed as
a common fund, and that the appropria-
ton or disposition of them was conided
to the congress. Each state was to have
an interest equal to the charge laid upon
1t by the congress of the confeleraCy.-
Ihis charge was the amount of money
which each state had to contribute to the
support Of the federal alliance. The
congress in May, 1875, before the adop-
ton of the constitution, passed an ord-
nance providing that the money ari
sing lrom the sale of these lands should
be paid into the treasury Of the United
States-And after the adoption of the
constitution, to wit, in 1890, the proceeds
of these and all other lands were set a.
part for the payment of the revolutionary
war debt. Thus it seems that by the
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 enurs
to each precisely in proportion to the
charge and expenditure, and the appro-
prlatlon was In strict accordance with
the deeds of cession. Nothing was said
about distribution until the debt was
paid off, or nearly so; and the friends of
distribution take the ground that they
were 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 ind termsato express such an inten-
tlon?. 1t would have been the easiest
matter imaginable thus to have provided
but nothing of the kind can be found.
No other conclusion can be drawn, but
that this money was to go into the general
treasury, and be applied as money paid
by the states for general expenditure. IF
this be true, then the law we are consid-
erIngs SO far as it is applicable to coded
'auusi Vloiates. III express terms, the con-
ditlors of said deeds, as the new states
each receive half a million of acres, then
ten per cent, and afterwards an equal
proportion according to federal numbers.
II congress has been acting as the trus-
tee, 1t has tiasrantly violated the trust.
But did the adoption of the constitution
change the position which congress sus-
fs,l, Il Al
not as 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 propo-
sition. Admit for argument sake that al,
the coded lands are under the control If
congress, under that provision of the
constitution which says, .That congress
shall haze poacer to dispose of and make all
nesdtu5 regulations respecting, the terri
torn. &c of The limited M1tcn cor