Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1845-02-13

shall arrive stupendous despotlsm VIII nase
been Installed at Washington; State sovereignty
will exist in form only; The mnori'y, ~. a m
limited forms of Government are hiosi esse".a.
will have lost all power OF sell plese' a a 49,
the loss Of their constitutional riSns, ".a r..
ious shadow Of consolidated ana unn'i'neu
yernment will cover all. DiSPclseu, q. nnu, ;s
between the Federal and Stale Governments, u
wants the force derived from concentration, @nich
is necessary 10 enable il TO effect any PURPOSE ~
imical to public happiness Influenced oy .nese
sentiments The General Assembly VIII wa'ch,
with ceaseless attention, all the movements OF
the Federal Government and repel every ihed-
sure which NAV he calculated 10 unseule 'i'e od-
lance between that Government ana ,hose y! '''e
States or derange the system eslaoi,sheu oe.
them. Virginia has heretofore, WIN anA.ou1 ~
lici,ude The we-being OF hef cl.Ze's a,u ,.ie
advancement Of the cause Of hui'iaH .'oe ~, "a
ven 10 place the two Governments on lus' ana
s,,hle foundations and 10 keep them within their
respective orbits. This she deemed 10 be essen
rial 10 the happiness Of The people, The only oo-
;ec, of good Government and 10 this oo]ecl she
will be ready. al any moment, 10 devote al nel
energies. y. 81,
under consideration that there is no danger OF tue
train of evils anticipated in The course OF thls re-
view because i, is limited 10 particular fund OF
precarious existence. II is moi the source whence
the donation is drawn nor me aufatl4u -
sunply forthe purpose redistribution, which gives
the Act of Congress particular or offensive cha-
racter. II is the assumption OF authority 70 aP-
ply the revenue of the United States to ioroduen
obiects-it is the breach of the compact between
the States-,he outrage upon the lunndiiieh'di
law OF the Union, and the liability OF snch pow
er TO be employed 10 override and oisarn lhe
States OF the rights and incidents OF soveIelShly
reserved 10 them, which arouse The hossility anu
nerve the resistance Of this Commonwealth
Virginia cannot be the recipient OF the spoils Of
broken Constitution.
II is also worthy Of especial observation, that
The Government, Of the United States, at The time
Of the passage OF the act under consideration,
was unable 10 meet the ordinary demands upon y
r,~ current expenses, and owed debt exceeding
TWENTY-FIVE millions OF dollars, which was not
provided Tor. That government is, in pan, an
emanation from this Commonwealth; and Vifsi-
mia possessing a large share in the interest ie'
for wholesome administration oil us powers,
could not, il all other objections were removed,
receive the grauity proposed. II would De' IN el-
feet ~ approve was,eful disposition OF the pub
| lie money, and sanction tue policy there is too
much reason 10 believe twas intended TO establish
the policy ofexhausting the Treasury otall re-
venue excepting that 10 be derived from protec-
tive duties and imposts. Lei the motive be what
il NAV, the novelty and impfovidence OF The acl
are without, a parallel, and invite suspicion oil a
sinister design II is believed TO be The first in
stance in the history Of rational or responsible
Government, in which the only permanent and
least onerous revenue has been absolutely given
away, when the Government was largely inde5t-
ad, and unable TO supply itself with bread, but
BY daily entering The shops Of shayers and usu-
rerS for The sale of its own notes. virginia can
give coun,enance 10 no such prpfigate proceeding,
and announces that her plishted faith to her sis
ter States, and her loyalty 10 the principles she
has hitherto laid before the world, are moi al mar
ket as meat in the shambes Of the butcher.
The fallacy has, however, been propagated,
that since the payment of the debt due BY the
United States al the period OF the cesslon, me
land fund became the property Of the States, and
it was the duty ofCongress to distribute itamongst
them. This error is susceptible of ready correc-
ton. At the formation Of the present Federal
Government the United States held no other do
main than the Northwestern Territory, which
they had acquired BY cessions from Virginia ana
other States. The grant in the deeds OF cession
is, 10 the Omitted States in Congress assembled;
no, TO the States in severalty BY common lille,
but to the States associated or Joined together-
the States in ccnfederaton-the body polite de-
cared and known tc be, the "United States" and
10 them in Congress assembled" After recitinS
certain conditions and reservations, the deeds de-
clare "ihat all The lands within The territory SO
ceded 10 the United States, and not reserved Tor
or appropriated 10 any Of The before mentioned
purposes or disposed Of in bounies TO the officers
and soldiers Of the American Army, shall be con-
sidered as common fund for TIC use mi tenct OF
such of tic linked States hare become or shall be-
comc members IF The Confederation or Federal Az
Aance OF said Statcs, Virginia inclnsirc, aeeordtng
TO their usual respective proportion an NE general
Charge and erpenditurc, and shall be faithfully and
bona-fdc disposed Of for that purpose, and tor no
other use or purpose 1ohafsocrer" The lands are
then granted to the "Uniied STATES, TO be held as
"a common fund" To be common iund, ii
must be fund for the whole The States owed
a common debt-had common obligations TO iul-
fil-common duties TO perform, and the lands were
convened as a common fund.- 10 enable their COM
mon agent, the United States, TO discharge them.
This is the obvious intention and meaning OF the
grant. which is fully confirmed by the current his
tory of the period al which The cession was made.
1t will also be observed that the deeds do not vest
the United States with discretion to apply this
fund TO any common purpose but expressly, and
in ter sci forth that il "shall be considered as
common fund, for lie ase and benefit Of such Of
the United States as have become, or shall become,
members of the Confederation, or Federal Al
lance of the said States, according 10 their usual
rcspectire proportion IN tie general charge and CT
penditurc, and shall be faithfully and bona tide dis
posed of for dat purpose, and for no other use or
purpose ,rhaisoerer." II is too clear to admit OF
debate or doubt, that Congress cannot dispose OF
this fund for any other purpose, than TO meet
"the general charge and expenditure" II is
equally manifest, that the general charge and e1,
pcnditure intended in the grant, is the general
charge incurred and expenditure made by the
United States in The exercise of authority vested
in them. Whether the United States had the
power, under the Articles of Confederation, to
make general charge and expenditure by dona-
tons of the States individually, il is unimportant
to INQUIRE, as those Articles have been annulled
and the Constitution substituted for them.
To enable us 10 ascertain the true meaning and
full force of The Limitation of the purpose 10 which
the fund should be applied, and OF the power OF
the United States over il, we must advert 10 the
condition Of thngs-,o the relation the States bore
to the United States at the date Of the cesson.--
The form Of Government was 4 Federal ALI
ance, which, could not levy taxes on the people;
but the States were called upon, and furnished
their respective contributions to the general
charge and expenditure" in their aggregate char
-ac,er as States or members Of the Alliance, ac-
cordng to rate or proportion established between
them; and hence the obvious necessity 10 convey
the lands TO the use of the States, according 10
their usual respective proportion in the general
charge and expenditure"
Looking 10 the character OF that Government,
we find that the States or Allies who composed il,
we're liable, Individually 10 its general or COM
mon charges and expenditures; and, looking TO
the deeds Of the cession, it is seen, that ''com-
mon fund" is provided for them, according to
their usual respective proportion in the general
charge and expenditure" While this designa-
ton of the fund would appear TO be sufficiently
specific and limited, yet ii was deemed proper,
il not important 10 declare explicitly, that ii
should "be Faithfully and bona: fde disposed of
for that purpose, and for no other use or pur-
pose whatsoever" the object being. 10 protect
the people by this fund from all demands
while il lasted. The reason for the grant 10 the
use of the States, and the limitation OF the power
Of the United States over the fund, are then OBJ
vious. Butilwas made common fund, not
fund for the separate and independent use of the
States in their domestic economy as is commended