Semi-weekly standard. [volume] (Raleigh, N.C.) 1853-18??, 1853-11-09
THE DISTRIBUTION QUESTION.

Mr. Venable takes the ground, in the prospectus
of the Statesman issued by his friends Messrs
Cantwell & Whitaker, that " the power g to dispose
of the public lands" being explicitly declared in
the Constitution, the exercise of that power is a
question of policy both as to the time and the mode
This is what the prospectus says-let see what
the Constitution says. That Instrument declares
that "the Congress shall have power to dispose of
and make all needfu rules and regulations respecting
the territory and other property belonging to the
United States" 1t would have been quite as well,
it seems to u.s. if the gentlemen had quoted the
whole of the sentence for the whole of it is certainly
necessary to clear understanding of its intent and
meaning Congress" says the Constitution, shall
have power to dispose of and make all needful rules
and regulations respecting the territory Other prep
erty belonging to the United States; the word and
is used and the sentence is thus linked together and
BESIDES other property" is included in the clause
referred to- Well, we now have the whole sentence
before us-what do the words "dispOse Of" mean?
"To dispose, from dispOnO, or dis and ponO," says
Crabbe signifies "toput apart fora particular use"
-" the disposal of property is in the hands of the
rightful owner; and Webster defines it to be to
part with to sell; to ALLEVIATE" In another place
he says, "to gire dacdy transfer by authority"
So much for the meaning of the ternl
or territories of the States was of much difficulty
under the old Confederation; indeed the States of
Maryland New jersey and Delaware insisted in the
strongest terms upon restriction of the boundaries
of certain Western States New Jersey, for example,
resolving in 1899, "that this State consider them
selves justly entitled to right, in common with the
members of the Union, to that extensive tract of
country which lies westward of the frontiers Of the
United States the property of which not vested
in, granted to- individuals at the commencement
of the present war; that the same hath been, or
may be gained from the King of Great Britain, or
the native Indians, by the blood and treasure of all,
and ought therefore to be common estate, to be |
granted out terms beneficial to the United States"
Maryland refused for three years. to accede to the
articles of Confederation in consequence of having
failed to obtain an amendment this point and in |
1880, Congress earnestly recommended
to those States who have claims to the western
try, to pass such laws and give their delegates in
Congress such powers may effectually remove the
obstacle to final ratification of the articles of Con-
"; and in October of the year Con-
gress resolved that the unappropriated lands that
may be ceded or relinqushed to the United States
by any particular State, pursuant to the recommen-
dation of Congress, shall be disposed of for the
common benefit of the United States, &C. Cessons
were accordingly made by New York in 1871, by
Virginia in 1884, byMassachusetts in 1885, by South
Carolina in 1871 by North Carolina in 1889, by Con-
nectcut in 1900, and by Georgia in 1902. The pre-
ambe of the deed of cession of North Carolina
follows: Whereas, the United States in Congress
assembled have repeatedly and earnestly recommen-
led to the respective States in the Union claiming
owning vacant western territory, to make cessions
IF part of the further means, as well of
fastening the extinguishmcnt of debts of estab-
ishing the harmony of the United States; and the
inhabitants of the said western territory being also
lesrous that such cession should be made in order
o obtain more ample protection than they have
heretofore received: Now this State, being de-
rous of doing ample justice to the public creditors,
honest old North Carolinal as well the estab-
ishing the harmony of the United States patriotic
md Union-loving old North Carolina j and comply
ng with the reasonable desires of her citizens" &C.
As to the coded lands being common fund the deed
# cession says, that all the lands intended to be
eded by virtue of this act to the United States of
america, and not appropriated as before mentioned,
hall be considered common fund for the use :
nd benefit of the United States, North Carolina in
luded, 0ccordag to their respectire and atsuaI pro-
ortiOn IN the general charge and expenditure, and
hall be faithfully disposed of for that purpose, and
or no other use or purpose sohaterer.' The italics
,
distribution of the lands their proceeds among the
tates; but the lands were ceded to a government .
1hich, it was hoped, would endure forever to has
en- the extinguishment of debts, to Establish the
armony of the United States and to be considered
S common fund " for the of all, according !
their respective and usual proportion in the gen
raj charge and expenditure" Congress- in accept
lg these cessions, acquired sovereignty and juris
lotion for the general government over these lands
nd the question ITSELF involving conflicting interests
nd alienation of feeling between States having been
ettled by the clause in the Constitution which we
ave quoted, that body proceeded to dispose of" !
lese lands agent for the benefit.
not this so? If the States making these cessions
ad made them only with the view of extinguishing
he public debt, would not some of them have so de-
ared and have reserved an ultimate interest, as /
sparate States in the lands which might remain af
# the debt paid And would not the trainers I
the Constitution, many of them fresh from the 9
legislatures which made these cessions have insist
1upon different clause in the Constitution from b
le one have quoted? How easy would it have e
cen, when that Instrument was framed, to have in
rted something like this. Congress shall have pow n
to dispose of the territory orands belonging to +
United States until such time as the public debt
la have been discharged; and the lands which may
main shall revert or beceded back to the States 3