The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-05


ton OF the old Continental Congress show that they
understood the deed OF cesson and that they did actually
divide and partition among the States this very land which
nah mus been ceded by Virginia. II is an act OF the
Continental Congress. Of May 90 1855. entitled ..An
ordinance Tor ascertanng the mode OF dsposng OF lands
IN he western territory Ii provided for the appointment
OF geographer, as he was then called, who was
perinend the survey OF the land and make regulations
iorhe surveying, &c. which will detan the Senate
by reading. II then provides
As soon as ranges Of townships and fractional
shall have been surveyed. the geographer shall transmit
pals thereof the Board OF Treasury who shall
thar purpose And the geogtapher shall make similar
turns from time to tme of evory ranges. they
course thereto and shall take, by lot, hererom number
OF townships and fractional parts Of townships well
will ba equal seventh part Of the whole Of such
seven ranges nearly be, for the use OF the late
continental army THAT selection TO pay bounties 10
the officers and soldiers OF rAe army And he shall make
similar draught from time TO ume until sufficient
quantity drawn 10 satisfy the 10 be applied in
the hereinafter directed The Board OF Treasury
shall from time 70 me cause the remaining numbers,
well those be sold entire those be sold lots be
drarn for i the name Of The Thirteen States respectfully
eordng 10 he quotas in he last preceding reqson on all
There, you perceive, lottery provided, assigning
the lands TO the States according to the rule prescribed in
the deed of cesson This was carrying precisely the
terms imboded in the deed The lands to be seld
for the use and benefit of all the States Virginia included
according the usual mode OF contributing defray the
expenses Of the nation in the revolutionary struggle.
the bountes, be divided among the States by lot
terry and then sold. There proviso 10 this act OF
the Continental Congress, as follows:
''That, land than its proportion is allotted
for sale in State at any distribution, deduction be
made therefor at the next"
II would be useless read how these lands were sold
Commissioners were appointed. The portion allotted to
each State was TO be sold in that State and State in
allotment received more than il was entitled to- at the
next allotment the inequality was remeded. Here we
see practical execution OF the trust and how the terms
OF the deed understood and executed by the org
nal trustees. The conduct of the old Continental Con-
gress hamonzes with the principles of my amendment
and is precedent which should have controlling in
uence with The Georgia deed of cession i3 similar
in to that executed by Virginia have not looked
at it for many years, but that is my recollection OF IT.
The leading idea in the Virginia deed of cession is that
these lands to be held not by the Union for its
national purposes, but by the Union trustee for the
States for State purposesfor the and benefit of the
States There is. in the deeds OF cesson, no lmita.
ton TO the which the States may make OF
those lands thus ceded to the trustee You cannot say
that they shall be exclusively appropriated TO education,
to internal improvements TO The building of court houses
State-houses, anything else. The deed entities each
Stale TO her share according the rule prescribed and
It may be applied Tor any Stale purpose Strained con-
sructons or ingenuity cannot alter the obvious and true
meaning OF the Virginia deed OF cession as have laid
IT down, fortified is by the act of the old confedera
on. But in these latter days have, in violation Of
the deeds OF cession, made the property conveyed
10 us as trustee merely our own absolute estate, and
undertaken to dispose of such totally regardless OF
the rights OF the eestu que trusts. more fragrant vio
human legislation. We have taken 10 ourselves
government, and use as our own that which
pressy enjoned to dispose OF for the benefit OF others
Let me suggest argument here 10 the senator from
Massac husetts. MIR SUMNER upon the subject OF taxa
ton The Virginia deed OF cession bears date in 1884
The ordinance Tor governing the territory northwest OF the
of the Ohio to be formed into five different States
When admitted into the Union they to have all the
rights, powers, and privileges which the other States
possessed. Now, sir, must be recoeced that at the
time this territory ceded TO the United States the
States 80 far sovereign that the ultimate dominion
the soil abided and rested .n them. The territory
northwest of The Ohio river had been acquired by the
States sovereign and independent States Virginia
tended that by the astonishing and brilliant exploits Of
George Rogers Clarke and his followers she had secured
empire northwest OF the Ohio river 10 herse that she
only entitled TO the whole OF that country by her
charter but that she had additional claim by conquest
She therefore set up double title AT that period OF our
history when General Clarke conquered and captured
Vincennes and kaskaskias, the ultimate dominion
the soil resided in the States II is not in regard
to acquisitions Of territory by the United States. IL is
important consider the difference between things they
existed then and they exist now in reference TO the
question of taxation. Can State acquire any title to
land now by conquest or by treaty Not according
TO the constitution. State can make no treaty
with a foreign country, and therefore cannot
qaife territory tile in that way. State can.
not 60 10 war with a foreign country, and hence
can make conquest Everything that IS done now IN
the way OF acquiring territory, only be constitution.
ally done by the Union as national government All
acquisitions, whether they be by right OF discovery ac-
chase, be accomplished, at this day. through the
agency OF the general government The ultimate domn.
ion therefore, all the vacant lands acquired by the
Uaited States since the formation OF The present consi
tuition, is vested in the government OF the United States
The ultimate dominion of the lands acquired before the
formation OF the constitution was IN the Saies and as
the States were then sovereign TO much greater extent
than they can be or are now that sovereign power TO
which the gentleman alludes might, in the opinion oi
some have authorized the new Staies 10 tax all the
lands belonging originally 10 the old States. Heace
when acting in regard to the territory once owned by
the States was no doubt deemed wise precanton, to
prevent all cavling and disputng, TO have expressly
understood that the States which might be formed out OF
such territory should not possess the power OF taxa
ton over the lands ceded 10 the confederation The
deyoees TO the doctrine OF State soveregnty-ior II
was not at all irammelled by the provisions OF the con-
sitntion OF the United States-tha instrument having
no existence when il stipulated in the ordinance OF
,he lands owned by the United Siatesmay have thought
that the new States, when admitted into the Union,
might tax the lands which belonged TO the confederation
as trustee under the deed OF cesslon Inc possibility oi
sneh attempt was enough induce the insertion OF
the express provision forbidding such TAXATION But
how is il now We have acquired Louisiana, foilda,
New Mexico and California We acquired the title to
these territories the sovereign under and IN virtue OF
the constitution OF the United States These territories
were never owned by any OF the States before me ni.
mate domin on--the title 10 the lands--vested IN tne
limited States These territories came to us under me
treaties with the nations from which they were aequeu
and we have ample power to dispose OF them under tha
clause in the constitution when relates 20 'ne 'eroy
and propery of the nation We do not hold these tern,
tories in trust for the use OF the Siaes under deeds OF
cesson from them, or any OF them thInk, however
that we ought TO place the lands acquired under the con-
stntion OF the United States upon the same ioong IN
all respects, with those which were conveyed oy 'ne