Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1844-10-29
COMMUNICATIONS.
Fer The En9niyeg'
FOf fdc EnYhNeF.
z he kANpoLPH E P.

Tic distraction Getuccn the Ccdcd end The Pur
cauh I.gnds in relation 10 DiStributoa-IHe
Wigs oaiy claim tie r1gdt 10 distribute The mel
Kocceds of tic former Int actually distribute
from bo,h-Tmc Ceded Lands fnde6fed 10 ne
+ Treasury beaoad all means Of payment ana 6oth
descriptions largely IN arrears for Treasury az
ranccS aricm the Distribution ,ras proposed ana
aaa!e-I%c Pension Annaities fndp equal 0fhe
annual araiis from The Pubic Lands &c, &c.
TIE FAR SOUTH, Oct. H. 1911.
To HENRY Clay, Esq:
SIR. The Distrbul;onS,s derive the authority
of Congress 10 distribute the proceeds CT the Pub
lie Lands among the several States, from the
deeds Of ceSsion of the individual States TO the
Continental Congress. They say. that the met
a,,ocetts" after deducting the expenses OF the ad
Unconstitutional cxlingui>hing Indian titles-lhe
costs of alienation etc, and discharginS The debts
of the Revolution, revert 10 the States as result
inc equity bv the very terms OF cession, etc.
VERY well, that may or may not be very good
, argument-as TO the public lands acquired by
those cessons hut furnishes no authority at all,
IN relation 10 lands acquired otherwise. Now,
tir,, OF all. I've il remembered, that not foot OF
the public lands lying within the territories OF
Florida and Iowa. and The States OF Louisiana,
Arkansas and Missouri, and the vast Uniformed
TERRITORIES beyond them, was acquired by those
deeds of cession from the "indrdual States" and
vel. maj nlnlpPu,NeHtictll>
hundre,hs of the most valuable and uncuiled OF
The public lands of the United States, are inclu-
ded in those States and territories. All these
lands were acquired by treaty and purchase from
the Kingdoms OF France and Spain; and are
vested in the United States by very different titles
(boh in the mode and means OF acqulsltlon)
from those acquired under the deeds OF cession.-
Hence the power Of distribution in regard 10
Them. must be reterable 10 some other source,
~ Ja.1c apd rrptcnIS
that such powers are derived from either the terms
or the spirit of those treaties. And yet, all these
purchased lands are embraced, Part poSsa, III The
distribution law. And the whole power 10 in
cude them is referred 10 the spirit OF those deeds
of ceSson, executed prior TO The existence OF The
Federal Cons!itution--SuEnc2 ~ years prior 10 the
ueav OF Louisiana-and some 40 years prior 10
The treaty of Florida The public lands derived
from the treaties of Louisiana and Florida, are
said TO be pledged for the payment of The Reroln-
tionary debt, although neither were acquired until
many years after that debt was paid Such are
the preposierous assumptions Of party, where
ends are resolved on and means are wanted -
Who. bu, an ancient FcderaliSt, or a modern
Wing, would have ever thought OF looking out
of the Constitution for the powers OF Congress
Who, but they, could have imagined that cessions
of lands from ''individua States" could confer
powers on Congress which the Constitution with
held?
Before we discuss specially the question OF
power TO distribute al all, ask your solemn al
tention TO The enquiry. whether in any event there
is a power TO distribute Now2 This essentially
depends upon the state Of the account current be-
tween the land fund and the Treasury. The sta
liStics patent upon the edgers OF the Indian bu
reau and the general lard office, will settle the
matter for US, past all cavil or question. The
Wing party hare always admitted distinctly, that
~ Cd lonl ,rhafb or
incurred in the extinction of Indian titles, in sur
veys, sales land offices, ) per cent. 10 the new
States, &c, are privileged claims upon the land
fund. over all others, aud that the pledge for the
Revolutionary debt, to which it was subjected,
stood next in order otprecedence. Be the power,
therefore what it may, until the fund is clear OF
these charges and privileges the cGsas federis for
The distribution does not arise.
Tine CGDED LASps-Tueln QUANTITY SOLD
AND uNsor.p
The number Of acres embraced in
all the ceSsionS of the States (ey-
elusive of certain grants BY Con-
gress) amounts to 2o2 iG5, 100
Deduct the number OF acres sold
since the original cessionS, which
amount to G9,G76,9l5
Ard the number OF acres remain
ing amounts to 1872 ISL $50
Deduct the number of acres 10
which the Indian title is no, OK
tinguished, say 26,922, 73l
And the number Of acres of the &C.
ded lands, subject 10 sale and en-
iry, amounts 10 lo5, ,ll9
H. THE CEyED LANDS IN AccorST CURRENT
WITH THE TREASURY.
Now, let us look al the state ot the cedcd lands
&c they apDear unon The Irca bonls al w ash
ington.
The charges upon The National Treasury have
been as follows
Isl. Payments 10 and for the State
Of Georgia. the 5 per cent TO the
new States all the expenses of
The local land offices, and The pro-
portion of the expense Of the
General Land Office, OF surveys
and the like, applicable - The
coded lands had, up 10 the 30th
September, 1899, amounted To Sl64lG $50
I'd. The proportion applicable to
these lands, OF the expenses of
euinguishins the Indian title, in
GLIDING The annuics and Other
liabilities yet unpaid, is abont S3,41GS $50
Which sums added together show
the actual cost 10 the Treasury
of the coded lands up 10 the Both
September, 1889, to be 99,so3,37l
An authentic statement from the
General Land Office shows that
the whole gross receipts from the
sales of ceded lands up TO 30lh
September, 1889, are as, 1SC, 265
This leaves balance in favor Of
the Treasury and against the &C.
Died lands alone considered and
simply comparing the expenses
for their account with the re-
ceipt from their sales up to The
date named, of l,lO1, 20G
S-THE WHOLE PUBLIC DoMAIN IS ACCOUNT CUR
RENT WITH TIE Treasury.
Now, be il remembered, that
statement Of the accounts Oft the
Treasury. with the whole pub
lie domain, exhibits balances in
favor of the Treasury and a
gainst the public domain far
more astounding, and renders the
absurdity and prodigacy OF dis
tributing the Land Fund 10 the
States under the shameless pre-
text, that the amounts are the
"NgTT PROCEEDS thereof, still
more slarng and indetcnsibe.
Observe: The cost oil Louisiana
and Florida to the u. States
the payments 10 and Tor the
State of Georgia, in conformity
with the terms OF The cesson, the
expenses Of the General and Lo-
cal Land Offices, including saa-
rieS commissions and the like
Of surveys and the 5 per cent.
upon the amount of sales To the
new States, had together up To
the 30th September, 1889, a