Boon's Lick times. [volume] (Fayette, Mo.) 1840-1848, 1845-02-01


he deeds OF cesson, il will clearly appear that
was the intention Of the granters to bestow these
iands upon the nation simply for national pur.
poses
Your committee here beg leave 10 call the
attention OF the house, to the words used in the
deed Of cession OF Virginia, "that all the lands
within the territory so ceded and not reserved,
ct cetera, shall be considered common fund for
the use and benefit Of such Of the United States,
as have become or shall become members Of the
confederation or federal alliance Of The said
States, Virginia inclusive, according to their
usual respective proportions in the general
charge and expenditure and shall be faithfully
and bona tide disposed OF, for that purpose and
for no other use whatsoever"
Your committee believe that the words used
IN the other deeds Of cesson are similar in their
import 10 those used in the Virginia deed. The
words Of grant in the deed Of South Carolina,
are these, ito the United States in Congress
assembled for the benefit OF said State" these
deeds OF cession have uniformly been considered
deeds Of trust by the executive legislative and
judicial departments OF the Federal Government,
and your committee now ask permission 10 refer
TO some Of these opinions. In the case OF Jack
son against Clark, see l Peters 635, in the
Supreme Court Of the United States, Chief JUS
lice Marshall, in treating OF the terms and con-
ditions Of the Virginia deed OF cession, uses this
very strong language, "the government OF the
United States then received this territory in trust
not only for the Virginia troops on the continen.
tai estab! shment, but also for the use and ben.
eht Of the members Of the confederation, and
this trust is to be executed by faithful and bona
tide disposition Of the land for that purpose. We
cannot take retrospective view OF the then
situation OF the United States without perceiving
tba ipop l.
10 this part OF the trust"
Your committee also beg leave to refer to the
phraseoogy Of resolution introduced BY the
Hon. Rufus King. Senator from New York, in
the Senate of the United States in the year 1925,
having reference TO the objects OF colonization.
"ReSoLoed, that as soon as the portion OF the ex-
listing funded debt Of the United States for the
payment Of which the public land is pledged
shall have been paid off "--etc Your
committee also find the following sentiments OF
Mr.. Van Buren,, as expressed in his letter to
Mr.. Sherrod Williams in 1886, upon the subject
of the public lands, he says sin respect 10 the
public lands, | need only observe that regard
the public domain as trust fund.- belonging 10
all the States TO be disposed Of for their common
benefit
Your committee also find the following very
remarkable language in the message OF President
Jackson, delivered to Congress in December
1882. "Among the Interests which merit the
consideration OF Congress after the payment Of
the public debt one or the most important in my
view is that Of the public lands Previous to the
foundation Of our present constitution, il was re.
commended by Congress that portion OF the
waste lands owned by he States, should be cedcd
by the United States for the purpose OF general
harmony and as fund to meet the expenses OF
the war. The recommends alton was adopted
and at different periods OF time the States or Mas.
sachusets, New York, Virginia, North and
South Carolina, and Georgia, granted their va
cant soil, for the uses for which they had been
asked is he lands may notc Je considered as
relicred from their pledge, the object for which
they were ceded having been accomplished, it is
in the discretion Of Congress TO dispose Of them
in such way as best to conduce 10 the quiet, har.
mony and general interest Of the American PEG.
pIe." at seems to ME to be our true policy that
the public lands shall cease as soon as practicable
TO be source OF revenue"
Your committee will not further trespass upon
the time of the House by the recital OF authori.
ties to establish the position that the public lands
have awas been considered as trust fund held
by the General Government for the use OF the
State.
We are aware that in the report submitted 10
Ihe beNeidt -N>ScWOiyi d. It's ldSk StsSIOI, WHICH
recommended the rejection Of the quota OF the
proceeds Of the sales OF the public lands offered
10 this State, that the same was somewha. signal
ICED By being denominated brbe. And your
committee have 10 express their regret that such
language should have been employed in reference
10 that subject for various reasons: First because
the legal meaning Of the word ''bribery" is,
'when a Judge, or other, concerned in the ad.
ministration Of justice takes any undue reward to
influence his behavior in his Office" and the pro-
prety OF the use Of the term is not perceived
from the facts stated Secondly, the use OF such
term was not very civil and courteous towards
the Congress OF the United States nor was it
respectful toward our sister States Of the Union,
nearly all Of whom did receive their quotas Of
the same fund under the very same act OF Con-
gress. 1t is true that some OF the States amongst
whom was the State OF Virginia, as your commit.
tee believe, did not accept their respective por-
tons OF said fund, but your committee have the
satisfaction TO announce, that at the present ses
sion OF the General Assembly Of that State, and
which is now in session, they have seen it stated
in the public prints, that upon a reconsideration
OF that subject in the House OF Representatives,
that branch of the General Assembly Of Virginia,
have by large majority decided in favor or &C.
cepting and receiving her portion OF the proceeds
of the sales OF the public lands. Your commit
lee do not urge these acts of sister States a Of
any obligatory force upon the action OF the Stale
| OF Missouri in the matter, they only mention and
refer to them as the acts of States whose relative
connection to this subject is identical with that
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