Virginia free press. (Charlestown, Va. [W. Va.]) 1832-1916, 1843-03-30

49, eihP.pys TIE foli5wi1e poin
isaguAge- The cessfons * Pro-,
.fort1 eefOiina. md GeorviEa. Is : IL,
terms: and all Vie rest i'm Die dIx nj 8,
provide specifically the DronoTt:s,, - - !
ing TO which each Sfafe sbsII in,os, u =
proceeds Of the land sale. XIV ~ a., 4 :,
coed 10 declare that tbsr -. ~ =
.uily anq oSne fde disposed Of for h
purpose, and for no Other oss q =, :
wnaIsoe yer -snd adds, che Consf;,,
rSn lelt Az me compacts before made
luh force. and the rights Of siI na9,is. !,
man .be same under the me y co. csoss, :,
men. %sn'l that they we're under The confsaeI
lPacts. invitedlby Congress, in 4 ResoIO
iion declaring the purposes 10 which III
proceeds Of the lands should BE appIie q
originating before Ihe Constitution an
forming The basis ON which ii was made
4 bound he United States 10 IA particula
course Of policyin relation to them. b,
'ies as strong as car be Invented ID Sc
the faith Of nations"
lhiSlangdage is most forci6Ie and eopcla.iye 40,
ought, We should think 10 have Seieht Is er,tai
quarter. But besides these examples Of authorita
i've exposition Of the constitutional poSer and ntv
OF COngressto dispose OF lie public LANDS for o,hc
purposes Than revenue, We end various proposition,
introduced al different periods by eminent men
and they Of the strietest secl-for lie ,I;sbossi u
tnese lands-sole for their gradual eessios 10 The
new states. and we may mention The t,lsn
OF Mr. LGboilH, which eoniemplaieda ,fabsfer 81
the Ehole oil these lands TO the States win ser
saon o9y OF one haitthe melt proceeds totbe United
STATES his proposition was, of itself surrender
Of me whole argument 10 favour OF The constitution
81 aoiiiy Of Congress to part frcm these lands ia
whatever mode, and upon whatever terms. IL might
70 is wisdom and justice determine. II father esi-
uenee we're wanting, ofwhat public sentiment IS
10 relation TO this power, we may mention he reso.
intons, adopted BY 20 out Of 26Staie Legislatures
q The Union, strongly accommodating the policy. Of
distribution. Here WE might conclude The arpu-
men and ask what room can be found for hesitation
and doubt rs 4a3If- n I
Bal some Of our opponents, taking a half.
way stand upon thelslbject, and possessing an
oEer-nice Discrimination, whilst they admit the
eontrol q Congress ever the public lands, and
" power under the Constitution, 10 dispose OF
-.hem IN the manner proposed, contend that the
States have no claim, as ofrigLt. and tbat there
exists no legal obligation 10 distribute tie pro-
ceeds Of sale. And they deduce their cdnclu-
Ion-rot from the language of the deeds Of
cesslon, which Furnish the best guide 10 al cor
rect mterpreiation-bu from the reluctance
wtdcn some OF The States manifested TO fstify
The confederation, some Of them requiriug.fas
condition precedent 10 their ratiiying ths ar,
licles, that the States holding these lands should
surrender them to The uunited States, Fssfor
me joint benefit Of all. the States u But those
VINO SO argue forget, or do not advert to the \
laet, maj, Notwithstanding this require ment !
% me Parl OF these States, this surrender or, 1
,ession' was not madeuntil qflsr all the States /
nau railhed The confederation, (the reeusant I
States, .Narytald .Ns,o Jersst, and De,a,care IN
States. 0nlhe contrary, me artIeies n ~
federation were adopted ia. 1873, and the deed I
Or CONVEYANCE from Virginia, for far the largest /
portion of the Western Lands which were. ce- /
ded at any time 10 the United States, was not
exeeuied until l7S3-7hve years after the rbllf-
cation BY ten Of the States, and two years offer
.Nelo Jersey, and DelGcGrs, who saw
most danger and raised the greatest ditheuhy 10
regard 10 it, had implicitly waived their obJec-
ipnt, and Joined the confederation. NOT were
The terms Of yirginia's cession made "a auy
respect 10 conform 10 the recomPedaiions Of
Ihe recusant States.
These deeds. do not, therefore, constitute
condition precedeht 10 the ratification, and form
no part af'Ihe compact upon which any pt the
States acceded To- the confederation. Ga the
contrary, the terms of the cession exclude the
ion thai they we're dictated tccofdlng to
lie views, and in obedience 10 the wlshesor The
fears or the rccu4ant States: The deed from
virginia partcuIsrly, shows, beyond controyer-
~, THAI the lands which she conveyed were TO
Be considered and held as several and Dot
Joint fund, and EXPRESSES 10 words loo pam 70
BE misunderstood, theprecIse obJect ior 8Whlch
the grant was made The deeds Of Ihe ceding
States run nearly in the same lsnguagei AUG
are to the, same tenof. For sake Of illustration
we will duoie The words of The conveyance
= a. rOn unNed 10
CHE United States as a common fund tOrI he use
and bsnef. Of such Of he United Sidiss Is hare
become, or shall become members ofthe confederation
o. ftitral alliance cfthe said States, Virginfa IN
esipe according TO fheir usual fespeetire charge
and expenditure, and shall Be faithfully and bona
fde disposed Of for that purpose for no olktr s4ss
or p,ty,pose ,chaterer" And this was an express
condition Of the cession. The stipulation pre-
cludes the idea that this common fund was 20
be applied to the, ordinary purposes Of revenue,
in which case all the States, or rather the Peo-
PIE of them, would receive, not an equal or
ratesble, but still some portion of the heneht ]
and the stipulation would have been idle and
iucougruous, thai the fund should be held for the
common use Of all The Sialss Of The Union then
existing. or 10 be Afterwards admittedfin rate
able proportions and that Virginia should De
entitled 10 her rateable share.
i Whether We regard the words and plain 10
tent ofthe grant, lis history, or the construction
which as we haye seen, has been put upon i
| by the Superior Court and by the Messages q
| Gen. Jackson, this WINS not as absolute uneoncl
/ onaI grant Of these lands By the ceding States
Had such been intended, words appropriate to
The meaning would hayesibeen used. But tht
Language Of this clause clearly Ir'sAdeo
lrcondition constituting ;fust, which vested ln'
subjects In the u. States as trustee, 10 oe exc
eu,ed according 10 the import Of The instrument
n does moi pIaceihe fund atlhe absolule,o or evel
disecretonal disposal Of Congress, ou. tni's
to particular object; and tnat oSJses wa
that the United States should dispose y .nss
Elands so as TO give the use add pepent o. .n'
proceeds 10 each Stale 10 proportion y ~
amount Of lis usual and necessary eoutraousiol
according 10 lis respective charge for NE SUI
port Of the General Government. Each state
! under the confederation, was charged ufpn 10
books or The Federal Treasury with its epeta
contribution, and credited BY The proceeds Q
the lands, when sold, 10 proportion 70 she
mount Of money required Of il, and this pa
tiedlar fund was pledged BY the terms Of y
trust deeds 10 be faithfully and boaa NE disP
. sed Of for this purpose. and for no Other use I
purpose whatsoever The fund was sacred
: devoted 10 this object, and the United Stat
+ could no. divert il from this purpose vii
E out \ usurpation Of power and aagfpnt "a
e llation Of good faith and honor u 50 IA
rened that during The existence Of lhe CO
4 federation, there was neither cpposrnly p
Z Temptation otherwise 10 dispose of Rs for
!, large war debt had lobe paid. forlghieh !
> States were morally bound, and the tqlid p
st c0nstsBtly so applisd and 50 ecntineed 10