The Hillsborough recorder. [volume] (Hillsborough, N.C.) 1820-1879, 1858-07-21

/ parties to the Deeds that the lands should be
partitioned between The several States. and
would simply ask, had the States continued
under the articles Of Confederation to the
present time, whether any other construction
could have been placed upon the language OF
the Deeds than that the lends or their pro.
ceeds should be divided between the several
States, under the above ratio Of distribution r.
This view of the subject apprehend must
be conclusive, unless il can be shown. that the
change of Government, upon the adoption OF
the Federal Constitution, has conferred upon
the General Government title to those lands,
paramount to that conferred upon the States,
under the Articles oi Confederation.
But this cannot be-because It was com
pact entered into previous TO the adoption OF
the Constitution, and was referred to, and
made binding by that instrument.
The LIST Section of the 9th Article, is in
these words, "all debts contracted and en-
gagements entered into before the adoption
of this G institution, shall be as valid against
the United States, under the Constitution as
under the Confederation" And again, in the
Sd Section OF the 4th Article, it is declared,
!" That Congress shall have power to dispose
of, and make all neediul rules and regula.
tions. respecting the Territory, and other
property belonging TO the United States
And nothing in this Constitution shall be so
construed as to prejudice any claims Of the
, United States or Of any particular State.
, The order in which these articles Of the
, Constitution stand, is, | think, strong evil.
dence, that they were inserted to protect the
+ States in the property OF the Lands, for while
in the 4th Article, power is given to Con-
/ gress to dispose Of tie Lands, with proper
security for the rights OF each State. the 9th
, Article is inserted To protect the State in the
due observance Of all contracts entered into
: under the Articles Of Confederation. 50 far
! then from the terms Of the Confederation OF
/, l17s, being weakened, or the compact as re.
5 lates to the Public Lands, being abrogated,
] they appear TO be confined by . recognition
9 0i the claims Of the States, and the insertion
e OF every provision in the new instrument,
n necessary To carry into full effect the unde-.
y standing which existed between Them al The
} tormer period.
: Such is the tenure BY which the States bold
, all the Lands North of the SIS, degree oI
b latitude aud East Of the Mississippi River,
{ with the exception Of Georgia. whnse Deed
I Of Cession bears date after the adoption Of the
4 Federal Constitution, but is, in other re.
: spects, in exact agreement with the deed,
: already considered.
\ As TO The Lands lying within the original
e bounds Of the purchase Of Louisiana and Flor.
5 ida, t0gether with those owned by the In,
!. dans within the limits Of several Of the
/, States, they were acquired BY purchase, and
: our right 10 apply them rests upon different
e grounds IT'S true we have no compact
r concerning them, nor any constitutional pro.
i vision for the disposal Of them in any man
o ner, nor can any article be found 10 the Con.
. stltutiun authorizing the pnrchase-but il Is
e certainly reasonable and just, that where a
n large extent OF Territory is added TO that
e already belonging to the United States, il
{ ought 20 be subjected 10 the same Cunstitu-
e tlonal proSslon and principles Of law. which
governed in the disposition and management
i of the Lands which were held at the lorna.
! ton 81 the Constitution. But again, the
i purchase money for Louisiana and Florida
4 has been paid unt II the fund accruing from
r the land Sales. az will appear by reference
To every statement made on the subject BY
: tie Secretary Of the Treasury. II then. the
e proceeds Of Tie Public Lands, the property
e Of the States respectively. has been applied
{ TO tie purchase IL other Lands, II follows by
). the common principles Of equity, that the
I. Lands, 30 acquired. should be subjected Il
i the same rules uf distribution which applied
. TO the original subject out Of which the pay.
r ments were made.
:. Il Is objected 10 carving out The original
!. compact between the States for al equal par.
e lielpation 10 the property 81 the public land
;, upon the Constitutional grounds. think
j the la,lary Of this objection has been full,
! shown by the reference 70 the Constitution
< which has been already made--aBd tie view
!, then taken Is confirmed by The opinions o
u the Supreme Court aud the ablest Jurist,
y knnwn TO The country.
Judge MARSHALL tie eminent CONSTITUTIONS
y authority. 10 litter 10 Mr. CI.y in 1892 :
s snnn after his celebrated report on the publ,
u lAnds-Wriles as iolIows.
u " sentiment. concur entirely with thn.,
K contained ID tie report, which was II elearl,
), anl so well expressed, that il must. | think
!. be approved by majority Of Congress
!. unaalml,y csnnn; be expected ia ANYTHING.
/. Fur The decision 10 tie Supreme Cunt. u
J the case of Jackson W Clark---see III Pc
d ter. Abridged Edition. page Ga.
:. Mr. Buchanan. the present President o
!. the United States, IN speaking on this subject
Il said
a +" Now. sir, distribution of tie proceed
- Of the sales ol public land. among Tie States
e would remedy all hi,se tUls, and eprreet al
: Mose anomalies II orr system. Il would ,een
y To be settled policy On which The countr,
y might rely. Il would drive "a frum The Gen
Is erai Government this eccentric saHrce o
II revenue and distribute il among the States
e We would then be lett where tie Constitution
u intended TO place o. tie Government wOul,
% then he administered on its original prlnci
!. pies
}. These were The views Of Mr.. Buchanan