The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1854-05-17

I railroads was under consideration, at
ter reciting the clause Of the constita.
tion which have just read. he used
the following language:
Il suppose that the power conferred by this
clause upon the Congress Of the United States u
as ample. full, and comple< ss any esber power
vested BY that instrument in Congress. And the
osiy limitation 10 that pswrr, ia isy spinioH. 10
an implied frad that the Congress. in making
that disposition Of the public lands. shall dispose
ef them an such manner ss mosi eaecinally 10
promote the Interests Of all the slatss"
After speaking of the bill then under
consideration. he went ON further to
say:
Il do mol thiak Congress would have power
To give away all OF the pubic lands: fss In that
way the Government would not be carrying out
this implied trust"
Il agree with The honorable member
from South Carolina, that it would be
breach Of trust in this Government to
give "all of the public lands" either to
the States in which they lie. or TO in
diyiduals. or 10 corporations. II would
be violation af the terms upon which
Virginia. North Cardiss, and .sther
States coded the lands claimed by them
to the General Government; and I say,
further. that ii would be violation al
the Constitution in this-that il would
be giving to particular States, or cor
porations. or individuals. lands pur-
chased with the revenues raised out Of
all the States of the Union. And | go
still further, and say that Congress has
no power, without violation Of trust,
to give away one foot of the public
lands. acquired either by session or
purchase. unless il be for the "common
benefit OF all the States
To ascertain these positions, it will
be necessary to recur to the facts con-
nected with the circumstances under
which the General Government acQuir-
cd title to the public lands:
On the 9th Of July, 1873, the Arti>
cles Of Confederation were entered in
to, and BY these articles il was tsovid-
ed 7" that no State shall be de prived Of
territory for the benefit of the United
States" At this period the State Of
Virginia, in addition to its present
boundaries, claimed all the territory
now embraced within the limits Of tbs
States Of Ohio, Indiana, Illinois, Michi.
| gan, aud Wisconsin,.
North Carolina claimed the terrific.
ry embraced within the limits Of Ten
nessee Georgia claimed that which is
now Alabama and Mississippi; and
other States had unsettled claims to
territory. October 10, 1850, the Con-
gress under the Confederation for the
purpose Of inducing aud encouraging
such Of the States as laid claim to west
ern territory to cede to the United
States the public domain, passed the
following resolution:
"That the unappropria,ed lands which miy be
cejed or relinquishcd 10 the United States, pur-
suant 10 the recommend alton Of Congress Of the
9Th Of September last, shall I've disposed Of for the
common benefit of the United States, and he set.
tied and formed into distinct republican States
which sh,l become members of the Federal I'm.
ion, and have the same rights of sovereignty, free
dom and independence as the other States"
The resolution just read contains this
distinct proposition:
! That said linds shall be disposed of for the
common benefit Of the United States"
On the second Of January, 1881, the
Legislature of Virginia resolved that
they would yield to the Congress ol
the United States, for the benefit Of the
said States all right, title, and claim
which the Commonwealth had to the
lands northwest of the Ohio river, upon
the following condition, among others
"That the lands SO ccded should be considered
common fund for The use and benefit Of such oi
the United American States as have become OF
shall become members Of the Confederation, OF
Federal alliance Of said St,es Virginia inclusive
according their usual respective proportions in
the general charge and expenditure, and should
be faithfully aud bona .jide disposed Of for that
purpose, aud for no other purpose whatsoever
March /. 1881, the State Of New
York, in compliance with the resoIu-
tons of Congress Of September and
October, 1880, in the old Congress, by
her delegates, executed deed of ces-
sion to the United States of her claim
to all territory lying twenty miles west
Of the most westerly bent or inclination
Of Niagara river; and the deed con.
tains these words:
"To be and enure for the use and benefit o
such Of the United States as shall become mem
bers of the said States, aud for no other use o.
purpose Whatsoever.
Congress finding the other State
slow to come into their recommenda,
ton, in April, 1888, ordered an address
to be issued to them, which was tlrawr
up by Mr.. Madison. urging them t
complete their cessions of land. II
October of the same year Congress
passed resolution. to appoint com
inittee to report plan, consistent witt
the principles Of the confederation, fo
AL, lI..o., -,