Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1857-05-19
CHARLESF0WN N
Tuesday morning, May 10, 1857. !
speech of Mr. calhoun, January %. Is4I

NAe S'ates must depend on the fact ther they
belong TO them in their united federal character or
individually end separately. lin the former ii is
manifest that the government, ss their common
agent or trnstee can have no right to dis,ri.
onhFe among them, for their individual separate
use, fond derived from property held in their
united and and federal character, without special
power for that purpose which is not pretended A
position so clear ofitself and resting on the esab-
lshed principles oflaw, when applied to fndividu-
ais holding property in like manner needs no illus
tration IT. on the contrary, they belong to the
States in their individual and separate character
then the government would not only have the right
but would be bound t. apply the revenue to the
separate nse of the States. So far is incontroyert
ble, which presents the questions: In which of the
two characters are the lands held by the States
y" To give satisfactory answer to this question
it will be necessary to distinguish between the lands
that have been ceded by the States and those that
have been purchased by the government out of the
common funds of the Union.
The principal cessions were made by Virginia
and Georgia. The former of all the tract fconntry
between the Ohio the Mississippi, and the lakes
including the States of Ohio, Indiana, Illinois. and
Michigan and the Territory of Wisconsin and the
latter, of the tract included in Alabama and Mis-
sssippi. shall begin with the cession OF Virginia,
as 1t is on that the advocates for distribution main
ly rely to establish the right
81 hold in my hand an extract of all that portion
of the Virginia deed ofsesson which has any bear
ing on the point at issue, taking from the volume
lying on the table before me, with the place mark
ed, and TO which any one desirous ofexamining the
deed may refer. The cession is ito the United
States in Congress assembled for the benefit of said
Sates' Every word implies the States in their uni
ted federal character That is the meaning of the
phrase United States. 1t stands in contradistinc-
ton to the States taken separately and individually:
and ifthere could be, by possibility, any doubt on
that point it would be removed by the expression
in Congress assembled'-an assemblage which con-
stituted the very knot that united them. regard
the execution of such deed to the United States
so assembled conclusive that the session was to
them IN their united and aggregate character, in
conradistinction to their individual and separate
character, and, by necessary consequence that the
lands so ceded belonged to them in their former and
not in their latter character that am al loss for
words to make it clearer. To deny it, would be to
deny that there is any truth in language.
"But strong this is, it is not ALL The deed
proceeds and says, that all the lands so ceded
shall be considered a common fund for the use
and benefit ofsuch of the United States as have
become, or shall become, members of the confeder-
alton or federal alliance of said States Virginia in
elusive aud concludes by saying, 'and shall be
faithfully and bona de disposed Of for that purpose
and for no other purpose whatever Ifit
were possible to raise doubt before those full clear
and explicit terms would dispel it. 1t is impossl-
BILE for language to be clearer. To be considered
common fund is expression directly in contradis-
tinction TO separate indvid ual and is by nee
essary implication, clear negative of the latter
as ifit had been positively expressed. This COM
mon fund 10 he the nd oF.
the United States as have become or shall become
members of the confederation or federal alliance
That is clear language express it. for their
common use in their united federal character Vir-
ginia being incluced the grantor out of abun-
dant caution"
The concluding words ofthe grant are Shall be
faithfully and bona tide disposed of for that use,
and no other use or purpose whatsoever For that
use-that is the common of the States in their
capacity of members of the con federation or federal
alliance-and no other as positively forbiddiug to
use the fund to be derived from the lands for the
separate of the States, or to be distributed
among them for their separate or individual use, as
p opposed by this amendment as it is possible for
words 10 do"
"The residue of the public lands, including Flor
ida, and all the region beyond the Mississippi ex-
tending to the Pacific ocean, aud constituting by
far the greater part, stands different footing
They were purchased out of the common funds of
the Union collected by taxes and belong beyond all
question: to the people of The United States in their
federal and aggregate capacity. This has not been
and cannot be denied and yet it is proposed to dis
tribute the common fund derived from the sales OF
these well as from the ceded lands in direct vio-
lation of the admitted principle. that the agent or
trustee of a common concern has no right without
express authority TO apply the joint funds to the
separate and benefit ofits individual mem
bers"
"The Senator from Kentucky, (Mr. Clay,) and,
as now understand the Senator from Massachusetts
(Mr. Webster,) agree, that the revenue from taxes
be applied only to the objects specifically emu
merated in the constitution. Thus repuAiating the
general welfare principle, applied to the money
power, so far as the revenue may be derived from
that To this extent they profess TO be good
States Rights Jefersonan Republicans. Now, sir, l
would be happy to be informed by either of the
able Senators, by what political alchemy the
enue from taxes, by being in land or other prop
erty, can, when again turned into revenue
by sales, be entirely freed from all the cons-
tntional restrictions TO which they liable be-
fore the investment according to their own confes-
sions satisfactory explanation of so curious and
anparentlv iacomprehens nsible a process would be q