Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1843-04-20

manner proposed, contend that the States have
= ciaim' as 0f rigat, and that there exists no leo
1olgsuon to distribute the proceeds of sale. Al
''oy ueaucs their conclusions--no, from the La
guage OF the deeds of cession. which furnish II
pest guide to a correct interpretation--bntf fro
'ne reluctance which some Of the States manifas
n cd 70 ratify the confederation, some of them :,
!u'nhg as condition precedent TO their ra,ifyin
/ me ar,'cies' that the States holding these land
o houiu surrender them TO the United States. $50
the Joint benefit OF all the States.,, Rnt tho
who SO argue forget, or do not advert to tho fn,
'nat' Notwithstanding this requirement on the mar
these States, this surrender or cession was ma
made until after all the States had ratified Oh.
confederation, (the recusant States, Mtrylnnd
Ne'c Jersey and OeIacare, included) nor were IN,
osSslonS hhaily made upon the terms recommend
Gu oy these recusant States. On the contrary. ,be
articles OF confederation were adopted in l,7s
anu 'ne deed OF conveyance from Virginia. for ia,
the largest portion of the Western lands which
were ceded at any time to the United States. was
not executed until l7S3-fve years after the rati.
nIa.on oy ten OF the States, and two years after
41o'y,dna' NetD Jersey and Deka,vore, who saw
most danger and raised the greatest difficulty in
regard TO II, had implicitly waived their obec.
tions' and joined the confederation. Nor were
The terms of Firgina's cession made in any req.
Pect 10 CONFORM 10 the recommendations Of the
recusant States. ~ '''
I rnn-
dItion precedent to the ratification, and form no
part 0i inc compact upon which any Of the States
acceded to the confederation. On the contrary
.he Terms OF the cession exclude the conclusion
'ha' !hey were dictated according to the views.
ana In obedience to the wishes or the fears of the
Ieyusan. States: The deed from Virginia par,icu.
iaiiy, shews, beyond controversy, that the lands
wnich she conveyed were TO be considered and
neid as a seperdi and not joint fund and express
In words too plain to be misunderstood. the mo.
cise object for which the grant was made. The
deeds oil the ceding States run nearly in the same
;nn"s"aee' and are to the same tenor. For sake of
Illustration we will quote The words of the con.
veyancs from Virginia. The lands were convey.
eo 10 "the United States a common fund for tie
use and benefit Of such efMe United Slate, ~ hoys
oeeonae' or SHAH become members of the eonfeoeya
"hon or federal alliance Of the said States, Tirginia
ln' according to their usual respective
"chdrge and expenditure, and shall be faith6,H.,
"and tongfde disposed Of for that puTbo;e, ind fcy
no ofher use or purpose ,Uhateper.'' And this |
was an express condition of the cession- . me !
stipulation preclrdes the idea that this common
lund was to be applied to the ordinary purpose of
ieYenue' IN which case all the States or rather the
people of them, would receive, not am eonal mr.
fateable, but still some portion Of the bene6i and
the stipulation would have been idle and incon.
gruous, that the fund should be held for the com.
mon use of all the Stutes of the Union then ex-
lsung' or to be afterwards admitted in rateable
proportions, and that Virginia should be entitled
to her rateable share.
Mhether we regard the words and plain ia.en,
Oh the grant, It's history, or the construction which
as we have seen, has been put upon il by tbs Su,
Preme Court, and by the Messages of President
'achson' this was not an absolute unconditional
grant OF these lands by the cedinf States. Had
such oeen Intended, words appropriate to the
meaning would have been used. But the lam
the Unite" Us alaagse as clearly intended condition
cording to she import of the instrument. It does +
not place the fund at the absolute, or even dscre-
onal disposal Of Congress, but limits it to par
tlcular object; and that object was that the u. !
States as trustee to be executed according TO the
import OF the instrument. 1t does not place the !
fund at the absolute, or even discretiona disposal
OF Congress, but limits tito particular object and
that object that the United States should dis
pose oil these lands to give the use and bene-
INT OF the proceeds TO each State in proportion to
the amount OF its usual and necessary contributions
according to It's respective charge for the support
OF the General Government. Each State, under |
the confederation, was charged upon the books OF
the Federal Treasury with its quota of contribution
and credited by the proceeds of the lands, when
sold, in proportion to the amount of money requi-
red OF IT. and this particular fund was pledged by
the terms of the trust deeds to be faithfully and
bona fde disposed of for this purpose. and for no
other use or purpose whatsoever" The fund was
sacredly devoted to this object, ard the United
out usurpation of power and fragrant violation
OF good faith and honor. 1t so happened that du-
ring the exlsience OF the confederation, there was
neither opportunity nor temptation otherwise to
dispose OF 1t; for large debt had to be paid,
lor which the States were morally bound, and the
fund was constantly SO applied, and SO continued
to be applied down to the period of the final ex-
| tlnguishment of the national debt in 1882, this
( fund passing into the Treasury during this time
and estimated as part OF tue revenue by general
consent, without wish to disturb its course. as
all parties were willing that this debt should
be first discharged before any other direction
should be given TO the land fund.
But when the National debt was paid off, the
state OF the and the situation Of the country
Were changed. There no longer existed the same
motive for silence and acquiescence on the part of
the States as to the disposition Of This fuDd--"IKe
reason had ceased, and The iuto should hare ceased
,oih The reason" In the language of General
Jackson, sit seemed then, our true policy, tina,
the public lands shall cease, soon as practical
BILE, to be source of reveDue to the General Gov
eminent.
!, The change of the political relation of the
States, after the adoption of the Federal Consti-
tuition, and the creation Of new Government;
with augmented powers, especially in regard tc
a the means of raising revenue by Staying and col
u lect'ng taxes, duties, imposts and exciscs," dis
: pensed with the further necessity of the lands a:
c a source Of revenue. These powers, under tn,
confederation, belonged exclusively to the States
l. and constituted part of their means for provi
" ding the revenue necessary to defray their owl
" expenses, and to answer the acquisitions of tn
e confederate Government The REIMBURSEMENT
y therefore, Of these powers by the States supple
the defect in this particular, in the confederation
y and superseded the necessity for the former requ
s. sitjona for contributjota of money In cannot