Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-06-22


beginning, that the lands should be set apart
for the common use and benefit" of all the
States. Tbs land States assented to Il, the
non-land holding States demanded it, and sub
sequeDtly began to put 1t in execution. Presi-
dent jackson in his message TO Congress, OF
Dec. A, 1888, after citing some of these facts,
| affirmed that it plainly followed:
"Thst one Of the fundamental principles on which
the Confederation OF the United States was otisi-
ually based, that the waste lands OF the Wet,
within their limits should be the common property
Of the United States" ard ''ihat those lands were
ceded to the United States, by the States which
claimed them and the cessions were accepted on
the cypress condition that they should be disposed
of for the common benefit of the States, according
TO their respective proportions in the general
charge and expenditure, and for no other purpose
whatsoever"
But it may be said that all this being under
the Confederation and prior to the adoption
of the Constitution, it is questionable whether
it is warranted by the constitution. In reply
we cannot do better than to adopt concise
argument by distinguished and patriotic
Senator from Tennessee, the lamented Hu.
|
as follows:
did the adoption of the present Constitution al
ter the rights OF the parties, uke from Congress
the power to comply with their engagement
answer, unhesitatingy, no.
In the 9th Article of the Consu ution, the first
paragraph runs thus:
"All BITS contracted and engagements entered
into, before the adoption Of this constitution shall
be valid against the Untted States under this
constitution" as under the confederation
In the Srd Section OF the 4h Article, Of the
same instrument, this language is found. THE
Congress shall have the power to dispose of and
mike diineedfl rules nndrsguidtionS respecting the
territory or other property Of the United States,
and nothing in this constitution shall be construed
to prejudice any cLaiBaS of the United States Of
any particular State.
"Thus we find all debts contracted, or engage
ments ent red into before, to remain IN
changed, and the respective rights of the United
States, and of each individual State, were TO
main precisely as if the form OF government had
not been altered; aud express power is conferred
TO dispose of the public lands and to make all need
full rules and regulations respecting the territory
or other property OF the United States. With these
different provisions before him, who can doubt the
power OF the United States to do that which, by ac
ceptiDg this trust, they expressly agreed to do?'
But the cessious made by North O
and Georgia, were not actually made until
after the adoption of the present constitution
The federal government went into operation
under the existing constitution on the 4th OF
March, 1889. The deed of cession of North
Carolina, executed in December 1889, was &C
cepted by an act of Congress approved April
| ha hu w
pleted on the 10th June, 1902. Both cessions,
therefore, were made under the present con-
sttution. The act of Congress accepting the
cession from North Carolina, did so on this,
among other, express conditions
"That all the lands intended to be ceeded by
virtue of this act to the United States of America
North Carolina inclusive according to their respec-
tive and usual proportions OF the general charge
and expenditure and shall be faithfully disposed
Of for that purpose, and for no other use or puS-
poSe whatever"
The condition as to Georgia was substan-
TALLY the same. So that in every form, both
before and after the adoption of the constitu-
;iOn, this government has most sOlemnly
pledged itself to carry out the plan of the origi-
nal claimants Of the lands, that they be ap-
piled to the common use and benefit" Of all
the States of the Union.
But the disposition on the part of politi-
clans and parties to court the new States and
territories for the sake of party ascendency, is
rapidly absorbing this large and valuable dc.
main; and sness the evil is at once arrested,
the power of the new States will soon be such
as to take all the remainder ofthe lands.
Minnesota, Kansas, aud other territories,
though but Of yesterday, will soon be States,
and as populous and wealthy as Tennessee,
under this unequal policy. We shall languish,
while Alabama will flourish in commerce, pop
ulation and wealth, by our side. We shall be
bnrdened with taxation, to pay the interest
on a State debt necessarily incurred to build
our railroads; while numerous favored States
around US will have more railroads than We
more than we can possibly build and they will
have them without cost to Themselves, with
large SURPRISES in their treasures besides, and
no taxes to pay. Will the people of Tennes
ter indifference Is the force of party feeling
and party restraint, such as to cause men quiet
ly to aid in destroying all their Wit al and ma
terial insterests in the mere name of party9
It surely cannot be. AS the facts come to be
known, it must be that the voice of the old
States will be heard 10 thunder tones-in Ian
guage which will no longer permit public men
to aid and abet this gross wrong, this robbery
of half the States of tie Union of their clear
and unquestionable rights