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

= AAl EAa4NAAkAEa ANAAA AlAN AAAAAEAtNs NAlAs I
tanned in the deeds u eessi0a which I
have read. were reseinded by the States
when they adapted he Constitution,
and that the power Of Congress over the
pabiie hads Is not restricted By them.
Especially has Il been 50 argued with
regard ts the sixth condition contain
ed IN the resolution Of virginis. Of the
ed ~ January. iTsl. lthas been said
that that condition. and the condition
upon which the trust was made ts the
General Government by all the States
in their deedsof cession. had reference
70 the eighth article Of the confedera-
zion. which provided that "sll charges
Of war. and all other expenses that shall
be incurred Tor the common defense
and general welfare. and allowed BY
the United States in Congress assem-
BLEED. shall be betrayed out Of a CONF
mon treasury. which shall be supplied
by the several States. in proportion"
&C., and that BY the adoption Of our
present Constitution, this article Of the
CONFEDERATION being repealed. that mode
of taxation was abandoned, aud the
conditions Of the trust ought not, and
could not be fulfilled.
The conditions Of the trust have not
been 50 rescinded. aud no fair con-
siruction could lead us To any such
conclusion, even IL the Consultation
had been silent upon The subject. South
Carolina made her cession but one
month before the adoption Of our Con-
stitution, (September IL. 1887.
North Carolina made her eession on
the 25th of February. 1870. over two
years after the adoption Of the Consti-
tuition; aud IL is 10 be reasonably in.
ferred that her two Senator'S who were
especially empowered for that purpose.
understood the terms contained in her
deed Of cession to have some meaning.
when they declared that
Tho lands shal be considered ss common
fund 70, the use and Lrnefi af the United States
of America. North Caiolina inclusive. according
20 their respective and usual proportion in the
general charge and expenditure, and shall te
faithfully disposed q ior that purpose. and for
other use whatsoever"
Now, sir, what is the meaning Of the
language which have just reads
AT the time the deed containing those
words was made our present Constitu.
ton was in operation; our present sys.
them under the Confederation had been
abolished. Why. sir, the meaning is
plain that il was intended that these
. lands should be disposed Of at that time,
when our Government owed large
debt. to bring money into the treasury
70 defray in 50 much. The expenses Of
the Government, or 10 go towards the
discharge of her debt. But what else
does il mean! The conditions did not
limit the Government of the United
states either to dis, barge the public
debt. or to defray the expenses oil
the Government with the proceeds oil
the lands. The only limitation was,
that they should be disposed of for th,
use and benefit Of oil The STATES. FAC
cording to their respective and usual
proportions in the general charge and
expenditure"
What is the meaning Of this Ian
guage, according to their usual and
respective proportions in the general
charge and expenditure" as used in
the deed from North Carolina Il
must have reference to the first clause
OF the eighth section { the first article
Of the Constitution, which reads:
..Thc Congress shall have power TO lay an,
collect taxes, duties. imposts. and eSciscs, TO pa,
the debts, and provide for the common defrils,
and general welfare Of the United States; In
all duties, imposts, and excuses siall be uniform
shroughoul the United States"
And the fourth clause of the nintl
section Of the same article, which says
a No cspiiation OF direct tar shall lie laid. un
less in proportlcn TO the census or enumeration
herein before directed TO be made"
II il does refer to these clauses, !,
means that the lands ought to be dis
passed Of according to the representa-
lion upon this floor, either by placing
the proceeds in the Treasury to pay
the public debt or to deiray the current
expenses Of the Government, or by dis
trlbuting the lands, or the proceed,
arising from the sales thereof. Among
all the States. For 10 our revenue law,
are right. BY the representation upon
this floor, the nearest approach we can
make to the proportion which each
State hears in the general charge and
expenditure" will be had; aud if they are
disposed Of in any other way, it will
be gross violation Of trust.
The remarks which | have made IL
re- gard 20 The conditions Of the deed o
cession from North Carolina apply a.
well to the case Of Georgia; for her dee,
Of cession was made April "a, 1902
ling after the present Constitution wa,
adopted, and when the terms used il
her deed Of cession must have had re.
ference To the clauses Of the Constitu.