Newspapers / The Raleigh Register (Raleigh, … / Sept. 14, 1841, edition 1 / Page 2
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' " - - "a WMia, i ' -. w v n IT tAW3 OKTHEUMITED TATE3 " - . ... . - ..i.i MKnini.Knant in full of Mid fund, accrued and eicra- hereia granted to tne owesaooT. . mbrlM wornum. to be wtalterable MtlU ATTBI1UIIT SSSSioSOf 0SeKa. 10.1 WSTT-STM whole of pplied to '"That where, the United States in Congress ... ntnent wi wo t tmhpnz. ed'ete?lr d earnestly recommended AN ACT to eppropnate the pro8" J rtrhf-r. v. nnhlie lands, and ld aW P"'" 1 "1 i Mk 'Sridcee.' and watercourses. L t ikm Senate and House of :Pf J ZZ- .hall he free fof the transportation to prove the forroer of these propositions, - whetT ereryasp.ri.ig politician tenor. ng-, further "T tSBed of.be same,as ftbet meaus, as well rf "inerelorelwt S and set over to tfi it . 1 benefit of tbe said S. tbe rigbt, title and cu5 w aurereignty and f. of the and for .1.. i r ,.;, imaiii. without the pawnent or rrtu assemotea, "" T' - t.W1 An thou. F-"- r . - - , JB" BW?T. of" America tn Oo- f, T munitions of war, i6 That frm -T ' per cent of theett proceed, of the lands sold bythe n ' n f.om' the bid States, who receiv ITMiw1HA in ih Kteta nff A MrisirniL nncil uio um v I r- - : . a : i 4KA. VIM h wwm p " . SdpaSero?th7 of Ohio lodUna, IU, pof'. act eery per,, being . Jj PAnL Miaei,Miappi. Xo.. A'! headof Cy. or widow, or single an; r the iWMidugcre .f01 of twentyine Tea. and bemg .oTAe ori.- -.ti. hsU ha in no wise effected diminiah ed onWunt of anyams JJJe bii heietofbre, or ahall be hereafter, appte Jo cSstrucUon or eontinoaace of the c-mber hut that the disbarment, for 1 main, aa herftofore. charneawe unw fund presided for by compact with eeW of the aaid dactin? the eaUten. pef centum, and what, by me compacts aforesaid, has heretofore been allowed tothe Btoteeoreaaid. jthe reaidue of .he nett proceds whieh nrtt jaceedeahaU be a-eertaine.1 by ductmg from the om proceeds all the expenditurea of theyear for Oiw following objects i salaries and expenses on ac aire of iwcmj-ow i . -j United Statea.'br bog filed S$ declaraUon of in- irson on jhs public ku) Wn. kt (he time and which has been, or ahaUSfe bren sarwiyed prior thereto, and who t & iti. mm. anil who nsa or anau innautL wu uujiiu r , , .1 .11 .r ilwellme thereon, anau ue. na aereor, tn .nter with the register of the land office for 4he district in which such Sand may b, by -r.v.i:uint an number of acres nut exceeding one hundred and sixty, or a quarter recUon of land, to :t..-.- w.uinM of sneih claimant, upon paying "V vwt t . - . to the Uaited States the minimum price of auch land, day September, one thousand eight hundrand nine teen, and reserved by the act enuueu - au ki su able the People of the Alabama Territory, to form a Uonstitunon and State uovernmeni, ana ur i mission of such state into the Union on an equal foot ing with the original Statea," for the making of a roaa or roads leading to the said state, ne, ana w uu -hD.Ktr Mtinniiiebtvt tn the said State of Alabama, jwiyabli two equal instalments, the first to be paid on tbe first day of May.one inousana cigoi. and forty-two, and the other on tne us uay one thousand eight hundred and forty-three, so far as hereafter accrue s Provide That the Legislature of said State shidl first pass an act declaring their accep- ioh nf .oM rlnnn khmenL aha also emDracwg provision, to be unaiteraDie wuuuu. " Congress, that the whole of said two per cent fund hall be faithfully applied, under ue ojrecaon u w Legislature of Alabama, to ine connexion, ujr meana of internal improvement, of the navigable wa ters of the bay of Mobde with the Tennessee nvw and to the construction of a continuous line of inter- i u ..v.jwti. tn the confederacy. When Delaware acceded to the confede, i i A (ha fnllnwinff ration in i77y.sDe aiso Fac - ed these lands, as an inheritance from tneir . .. Wa etimiM nfp&prvn them as ancestors, mm uv t - - rauuu ,m - r .. . . . a legacy for theiterjtyilling to con- resoloUon, aa a part of the condition oF ner tui irroai tiational treasure into political 9l,.pe;nn s . , , -,- ., - stock, to be exchanged for a mere epheme- M That this State consider themselves ral exercise of power t Are not the power and patronage, incident ; to the' survey and sale of these tends, daily strengthening the Executive arm; and threatening to poison tbe fountains of political integrity l ! justly entitled to a right, in common with tbe members I of the Union, to that extensive tct of country which Moroni At oir tronuer oi ujo or of: the T . . it. .,r limUarinnt nil T. subiect, however, to ue wiwwu's i . . ,.,,ttf,hAft-hie eeoS, No person shall be entitled to more than nal improvemenu from a P?mt on Uie bjhoocb e ST , IKM II LUI3 nw'w -w - - - States, tUe property of which was not vested jn ...i iinaik at the commencement oi: 1 w tha same hath been or may be i.--- ' j f th new States lav- I r '.k ir;nn f Grt Britain, or the-naUve . 7 - iL. ui r th,. P,,hlir Tands Mr-j;- w .h.hWI and treasure of all, and ought rX wblX The Congre., then .ittihg onderlhe - ,y stipSl.,ed, that the Uds ceded sha l b, "ST. 2 Ut - the : ,pporti.n- tide, of confederation, fee ing the gre.t .. .. fbM? fM j ment of representation under the late census take place let the overwhelming power of the new States once be represented in this hall, and you wilt see, whether they win noi The same being ii virtue of an act of tn. General Assembly of the State, which jjt. clared, - . That all tbe lands intendeJa be ceded by Tm of this act, to the United States Of America, and nc appropriated as before mentioned, shall be considered as a tdnvmon fund for the use and benefit of tb United States of America, North Carolina inclmjv. acaJrding to their respective and usual proportions j7 the general charge and expenditure, and sliall be Ikitb. fulljr disposed of for that purpose, and for no tther tue or purpose whatever." , In the deed of cession from Geor which was the last, and the only one exQcu' ted after tbe adoption of the Constitution bearing date, April, 1802 it is also express. : u;. I...),. ..l.riH ind eiDeniei mtb.eur- vevor freneraTa office salaries, commissions, and aW , ih nnatera and receivers: the nve per centum tonew Sutea-of all .the public toJ- ht bv virtue of this acty no person tw nrAnrietor of three hundred and twenty ...... .tfl.rwl in MIT State or Territory of the United 8tates.sind no person who ahall quit w abandon his land to reside on the public land in the same State or Territory, shall acquire any right rtf nr..mntion under this act: no lanus inciuaeu anv reservation, by any treaty, law, or proclamation f tK PrM-K.onfc.of tha United. States, or reserved for wtr nnwuU. Wd Point-in Georsia. across the State of Alabama, in a direction to Jackson, in the State of ,PPU ; JOHN WHITE, Speaker of the House of Representatives. r A M'L L. SOUTHARD, President of the Senate pro tempore. -Approved, September 4, 1841. their duty to tne plighted faith to the t j -o.. Mtiiatedl which ahall be sold 1 ,. ,k -..-nn... nn land reserved for srlbsequentloshesaid thirty-first day of ,he support or schools. nor the lan Ja acquired by either abaU be dlviJed among the twenty-six States i of tne rf Ueatiea Miamatril of Ifidwns tti iii. iiictn-t or uoiamoia. uu ui rief Wisconsin. Iowa,;and Florida, , according to - theUTiespecUve feuetal repreientaUve populaaon as Jeertained by the last census, to be spphed by the Igwlatures of the said Slates to such P'P J dd Legislature, may, direcljWed. Thatthe x distributive share to wnica we uwtnw i shall be entitled, shall be applied to free schools, or ed- - . em RnnneM m direct: rtkn" That iiothinK herein contained jiriu irvtwvMf fi , 7 . - mm V shall be eonsttued to the prejudice of future apjOica- ... . , . t.:U W. ..nn'iml of in tne state oi inuiana, or wmtu wj the Wyandot tribe of Indiana m tbe sute oi wnio, or other Indian reservatwn to whirh the title has been or may be extinguished by the United taws ai any time during the operation of this aci ; no sections of land reserved to the UnHSl State alternate to other sections granted to any of the States for the construction of any canal, railroad, or other tblis4iriovement no sections or fractions of secripns included within tte limiu of any incorporated town ; bo; vjottions 61 the Constitution, and their old States. This pro position was heard only in faint whispers a few years since now is doiuij ed in the councils of the nation, and we are daily admonished of tbe rising power of the West, and warned of the time, when that section is to dictate law to the balance of SPEECH OF , the Union. And once this system com- n - vwn r mi rn-olina. menced, you can never arrest its progress Mr. RAYMERV or IV. Caroillia, we,7relax our grasp upon the puphed nortance of preserving union ana narmony among- the States, and of uniting them in one common league, and seeing the.difficul ties likely to grow out of this iiuestton, took ' J .L n;.imn Af the i,Q mtt.r in consideration, and, on tne om .SXT, SeV; 1780, pa,d Nation,, from VI uwv w-ww-- . JOHN T5TLER. which, the following are extracts : "That it sppesrs advisable to press upon those States which caw remove the embarrassments respect- liberal surrender of a por tion of their territorial claims, since they cannot be use t,e language of the act of Assembly preserved entire, without endangering u uu, . North fjaroina, was - as well lor Jiastenisi benefit of the United States, Georgia included, tnd sball be faithfully disposed of for that purpose, ami for no other use or purpose. . By comparing the resolutions of the 0I4 Congress, before cited, inviting the States (a make these cessions, with the language uses' by those fctates in tneiraeeus 01 cession, ( are enabled to discover the motives whici induced the States to make these patriot sacrifices. We shall see, that the object.io the confederacy, &c And that it be earnesuy re- -aa thwu Stales who have claims to tbe western country, to pass such laws, and give Uieir del egates in Congress such powers as may effectually re move the obstacle to a final ratification of the articles of confederation, dec." Bv a'further reference to the journals of . ... . , i- v u. .i.fwl a thi ata-for uau u ' I J -.- . PUOilC 1 ailUS WU1CU llavc touko v fe&fer X re3uction of the price of the public lands, r no . or Jot of m iuMj or to the prejudice of applications for transfer ot toe J odpM for tbe purposes of trade and not agi public laiTdonrenableteTn to the Stateawim Sr. , Unds inShich .re situated W which they lie, or to make such are oispoauou o. 'Iine8 or mines the public lands,' or any part thereoi, as opgress uwj . -n.ti ; a Jl mlltt tinnitnLLll. I . . . ! e - if vmi Un tne nut proposing ""'"T7 i main, it will oe gono.iorevcr. n a fi j the following res- in the Bouse of Representatives of the U. States, July 6A, 1841. WL the nuestion. of the proper disposition to be made of the public lands, was one, which had been so often and so ably discussed, that be felt great diffidence in attempting to say anything in regard to it. As he eonstdered this a subject fraught with the mostinaportant consequences, both to tbe destiny of the Union and the prosperi ty of the States; and as he believed, now, in all probability, was the only time when this errant mOHHrR 6Vr COU Id succeed, he felt known salines or ttiaea, shall be liable to entry Jin? . . . .r .ut. ... .a inA der and by virtue 01 iae proviaiona oi w , so much of xepravisd of the act ottwenty-secon of June, eighteen hundred and thirty-eight, or any order of the President of the United States, as directs cer tain reservation to be made in favor of certain claims under the treaty of Dsnetng Rabbit creek be, and the same is hereby, repealed : Provided, That such repeal ahall not aflect any title to any tract of land secured to virtue of aaid treaty. Sae.ll. Andbe U further enacted, That when two Ar mnnni shall have setUed on IDr Sams quar ter section of land, the right of pre-e-nptien shall be in him or her who made the first settlement, proviuea aucu ie other provisions 01 tms the right of pre-emption .l L.II K. ... I.M h. ansing between amerent suer uu j thm MHrictAr and receiver of the district within which the land is situated, subject to an appeal to and a re vision by the Secretary or the Treasury 01 tne uniiea StatM. ...... - -. in . .caa LUU arw O v mwm - V Sec 12. And be it further f. J TL at th immense power accruing to this any entries bemg made unaer anuoy Tueo , , . visions ofthis act, proof of the aetuemeniana improve-1 uiuuuim. ... , .... ,i.-k- -h.n h madA to the satisfaction airement and disposition of this inexhaustible of thexegisterand receiver of the land diatrict in which source of wealth; and the sensitive disposition auch lands may Ue, agreeably tosucn rweaas anau u of the peope 0f the dlfierent sections 01 tuts r. ianAa within their limits, eacn oiaie in succession, as it comes into the Union, will claim the same favor; and you cannot con sistently withhold it. They will not watt till they are admitted into the Union Ter ritories will put in their claims, and, here ntw thA establishment of a Territory will only be a preliminary step, to a surrender of the lands within its limits. 1 am .'therefore, for establishing a perma nent system for theisposilion of the public lor. Ho rt run nmn wmiSL me DUUllU uiiuu " . . . J the extinguishment ofthe debts,- as for ij. tablishing the harmony of the United Statai." Those-debts having been extinguished, tmj the primary objects of the cession havnif been accomplished, we must recur to tha deeds of cession, in order to ascertain what ultimate disposition, the States contracted to be made of these lands. . - ' The deed of cession from Virginia, wlu'cb is elution, passed the 10th OctoBel780 : hJ That the nnaDDronriated hinds that may be ceded to the United States by any particular fHate, was the most important, in- consequence of . a a" a . . taa I - a. a ' . pursuant to the recommenoauon 01 iywgio-, vi he greater amount. 01 territory convejsd, 6th of September last, shall be disposed of for the expressly stipulated, that the lands ce.ded am a ai tt t-rta iinivsvi mKiAea. 1. -. a v 1 .a Again, in April, 1783, after the. cession from New York, but before the cession from Virginia, the old Congress adopted the fol lowing resolution : V "Resolved, That as a further mean, as well of th Mtinjrnishment of the debts as of es tablishing the harmony of die United Bute, it be nraTihMl hv the Serretarv of the Treasury, who shall each be entitled to receive fifty cents from each appli cant for his services to be rendered as aforesaid; and all assignments and transfers of the right hereby se cured prior to the issuing of the patent shall be null and void. Sec mnw neraon claiming lowed to enter such lands, be or ane anau maae win before the receiver or register of the land diatrict in . . .. . - , " , t .n,KunA.l wmcn tne hum is aiiuaieu iwao ate uawj to administerthe same) that he or aha has never had the benefit of any right of pre-emption nnder thia act; that he or ahe is not the owner of three hundred and twenty acres of land in any State or Territory of the United .States, nor hath he or she settled upon and ourh'ands. . I am for Mmn;n thp lands bevond the reach of B . - . I icuiviuig M-w . bound to say sometning upwh iuo .uUJW.-- political or party innoences. 1 am or That a proper settlement of this long excit- nriuincr nol itical speculators of this stock, it. r..A K " r . ... with which they are trading away the ngnis 1 and interests of the several' btates. 1 am .or weakening the arm of executive power, by depriving it ofjthia vast corruption fund. I am for allaying tbe jealousies which are fast arising between the new States and the old, in reran) to this matter : and for identifying, forever, their interests, and the sources of their nrosneritv. In order to the proper understanding of the relations between the States and the General Government in regard to the ques tion of the public lands we must go back to an early period of our history. The orig inal patentees of the crown of England, claimed all tbe waste lands, as far west as the Pacific ocean. Here, then, we see, that the claim of the colonies to the unappropria ted lands of the west, is identified rWith the first settlement of this country. When the colonies were afterwards converted into roy- tbe charters, awakened to the subject ; when public ex- recommended to the States which have passed no acta A A VA 1 a . a" aV a m ing question was connected with tho future policy of the Government and destinies of the Union; must be apparent, when it was considered, that the public mind had been turned to this subject throughout the whole country and that it was one of the cardinal measures, under which the present dominant nartv marched to victory, in the late politi cal contest. When we look further, (said Mr, . '- . a a. a. from the man towards complying with the resolutions of Congress of the 6th of September and 10th of October, 1780, rela tive to the cession of tentorial claim; to make the lib eral cessions therein recommended, and .to the States which may have passed acts complying with the said resolutions in part only, to revise and complete such .1 . j l. es r ,u tt: e. wu These historical incidents are important, un uu as tending to .how the views and feelings ahould the ceding States have so erprs A L K-f ;a ; j.Mnltn stipulated, that these lands were to be held thi3 measure-the motives and inducements as a eomfwtd,fon the common w ant which led to the surrender, by those States claiming lands ; and the objects and purpo ses designed to be accomplished, by those Slates demanding the surrender Jaam. AVAA'Tiant Bee Zllnd be ti furthp- tnacted, That the several tarns of money receded in the Treasury ar the nett proceeds of the sales of th pubUc landa shall ba, paid . .u. t v.ir ... jff m Oxk firat daviof Janu- try ana Jaly in each year, during the operaUon of this act, to socb person or persona aa lJegi4atures of the aaid Sutes and Territories, orhe Govenirits uwreof in case the Legislatares shall have made no such appoiitment, :shaU autjaf ixe and direct to receive the same. - " ' , Sec 4. Md be it further enaetea, 1 nai any mun money, which at any time may oecomo uu. Lvable to any Sute of the Union, or to the District of . . t i-t. : t .;. mm . Iia nnrtion of the 'aaid State r District; of Jhe proceeds of the sales of ihe public landai shaU be first applied to me paymew of any debVduend payable from t; saidState or JJiatrict, the United States: Provided, That this haU not be cojwtrued to extend to the sums deposited with the States under the act of Congress of twenty third Jane, eighteen hundred and thirty-six, entitled An set to regulate the depositee of the public mo ney," nor to any sums apparently due to the United States as balances of debts growing out of the tram actions of the Revolutionary war. Sec 5. AndJe it further enacted. Thai this act ahall continue and be in force until otherwise provided by law, unless the United States shall become involv ed ia war with any foreign power, in which event, fr the commencement of hostilities, this act ahall be suspended during the continuance of such war: Provided, nevcrthcless, ThX if, prior to the expiration of this act, any new State or States shall be admit ted into the Union there be assigned to such new State or Staa, the proportion of the proceeds accru ing fier their admission into thsJJmon, to which such 8tate or States may be entitled, upon the principles of , this act, together with what such State or States may be entitled to by virtue of compacts to he made on tlia&elinisiimtototto . .. I tti , k.th h. or ah aetued aeon and improvement. - The progress of nations now, u- the treaty of 1763, however, the 4m tk WflrmVAi Sec a. And be it furthetiiatted. That Bute aaaii :J"-7,."i "Ti ,ha . on eolation, but to rreatness and to trlory instead of being fi wuheri asthe! boun- w w . Z. 7x7 T. U annuallv appropriated for completing the .urtey. 01 . ir'rr:" 7.7,7 hi. , hr own ax- I ,k l ,1, i the ranid mofw-l r.r Trr: , "I I .1 ,r.m.lr anl nftv I w -rr f " " I ovt, w v. o 1 . I flarV OPlWRPn DTI 1.1 H II AUICIIbai ouu I . ' m I JP.l. US should " be considered as a. common fund for the use and benefit of such of the United States as then had become, or should be come, members of the confederation or fed era! alliance of sai4 States, Virginia inclu sive, according to their usual respective jjw. portions in the general charge and expmdi ture, and should berfaithfully and bone, jib disposed of for that purpose, , and for no other use or purpose whatever.11 Andit js t little remarkable, that almost the identical same language should be used, in all tbe deeds of cession. They all stipulate, that the lands ceded- should be for the cmrm benefit of all the States, if the grant was no qualified and unrestricted 1 If it was intend- f ed that these lands should become mere ut- " tional property, the proceeds of which were ties aemaUUUlK lUC oununuou -l .k .1- It is very evident, from the very language to go into the national easury, for the ord country, in regard to their obtainment of a fair and equitable portion oi tne oeneuis i this Governmen-we must see mat mis question of the disposition of the public lands is growing n importance uauy, as 13. ilitJ6etf rAer wtorf,That before popuiation weakh, and enterprise of the km claiming the benefit of this acTahaU bo al- PH" " .n;t;n f this CDUUUT 1UC CUCi A ...... subject is invested witn especial consequence . mernment8i cither by grant frpm al this time, from tbe interesting era in which nalenteea. or the forfeiture of their we live, and the peculiar crisis which has r. rnwn .....ppa to all their Dowers and . . a I LUb llUII SS a? vsw-rf i- - I arrived, in the internal affairs and relations prjviieD;es. and, hence, these waste lands, of the several States. We live in the age of eTen tr,e South sea, were claimed by the improvement. - I he progress oi nations npw, of the resolutions, both of the old Congress, and the States insisting r upon a surrender, that their object was not only to secure peace and harmony, but to create a permanent com mon fund, for the payment of the debt then incurred, and to be incurred in the prosecu tion of the war. . By examiningthe deeds of cession from the States which surrendered their waste lands, we find another condition inserted in every one of them a condition Accepted by the confederation, and which haslfcccordingly be come a part of the contract." This condition was. that these lands were to constitute a fund, to be used for the common use and ben aaU lands a anna not less than one hundred and fifty thontBTfl dollars ; and the minimum price at which tbe public lands are now sold at ptrvtle sale ahall not be incxeased,.i&6as Congress shall think proper to grant alternate sections along the fine of eny canal or other internal improvement, and at thesame time to racrcase the TPinimnm price of the sections reserved ; and in case the same-shall be increased by law, except as aforesaid, at' ray time during the operation of this act- then so much of ibU-afct as provides that the nett proceeds of the Sales of the public lands shaU be dis tributed amofgg the several States shall, from and after Jhe increase of the minimum price thereof, cease and become utterly null and of hp effect, anything in this act to the contrary notwithstanding : Provided, That if, at any time daring the existence of thisfct, there shall be an imposition of duties on imports Inconsis tent with the provisions of ithe act of March second, one thousand eight hundred and thirty-three, entitled M An act to modify the act of the fourteenth of July, one thousand eight hundred and thirty-two, and all omci acta unpoaing; uuun,vu uuymym, wjwuu the rate of duty fixed by that act, to wit, twenty per leejnt. on the value of such imports, or any of them, then the distribution provided in thia act shall be sus pended, and shaU so continue until : this cause of Hs su"pension shall be removed ; and when removed, if not prevented by other provisions of this act, such dis tribe tion shall be resumed. ' " -Sec 7. And ie it further enacted. That the Secce tary of the Treasury may continue any land district in which is situated the seat of Government of any one of the States, and imay continue the land office in such district, notwithstanding tne quanury oi cold in suchistrict may not amount to one hundred thousand acres, when, in his opinion, such contin uance may be required by public convenience, or in order to close the land system in such Sute at a con venient point, under the provsnona of the act on that subject, approved twelfth June, one thousand .eight hundred and forty . 1 i j - See; 8-Und be it farther enacted, That there shall be granted to each State specified in the firat fectjon of - this act five hundred thousand acres of laud for pur posst of internal improvement : Provided, That to each of the said States which has already acei ved grants for said purposes there ia hereby; granted no more than a quantity ri Und which shall, together with the amount such State has alteadyfeceifedae ,a foresaid, make five hundred thousand scrtf the se ' lections m all of the said 8tate to: be snade within their Uraits raapactivelyJn auch manTiev as the Legis ' tl. latnras thereof abaU direct and located in pareels, enformably. to sectional divisions tsl sdbdiviaions, f .ef atot lea than; threa hundred and tareatv acrae in orMf location, on any poblic land except -auch aa ,kt , or may pa reservea irom sale by any Jaw of Uon- greaa or proclamation of the President"of the United Btates. wbkh aaid lorationa nay be- made at any i time site t the lands of the United ,'fitates u aaid HStotes leppetftfvery shall have been aorveyedaccord . ins .lo existing laws And there ahall be and hereby v ia nantad to each new SUte that shall be hereafter admitted into toe Unk!&- upon1 such admission, so TnnA 1W aal intludirzauchquanutv as may hava bsaaa Ranted to auch State before ito admission, and while under a Territorial Government for purposes of intarnal iinprov3ant as aforesaid, ahall make. fie bundrad thousand aereavef tand, to oe selected and lo tted as aloresaid. tSsc 9. And U it farther enaded, That the lafids elusive use or benefit ; and that he or she baa now di rectly or indirectly, made any agreement or contract, in any way or manner, with any person or persons whatsoever, bv which the title which he or she might acquire from the Government of the United States ahould enure, in whole or in part, to the benefit of any person except himself or herself; and if any person ment of a generation. All the improvements which tend to develope the weaitn ana re sources of a people, are hurried on with a power like that of magic, the mountains are bowing their heads, and the rivers yield- Vntt their streams, to the enterprise ana in- a ik w -j a taking such oath shall awear falsely in the premises, J o.enuit 0f man ; and so far from obstructing, I L..L.n U ...Ut to .11 iK.na'ma anil nn.U I S 1 . . ..... . . . . - ue or wo mwi yv duujv ,w u w , i ties of perjury, and ahall forfeit the money which he or she may have paid for said land, and all right and title to the same: and any grant or conveyance which he or she may have made, except in the hands of bona fide purchasers, for a valuable consideration, shaU be nnH and void. And it shall be tbe duty of the offi cer administering such path to file a certificate thereof in the nnblic land office of such district, and to trans mit dnnlieata coov to the General Land Office, either of which ahaU-be good and autneient evidence that such oath war administered according to law. are offerinir facilities to, the transportation of the rich products of the western forests, to the commercial depots ot tne Atlantic coast. r This is also the age of mental, as well as physical improvement. Science is doing for mind, what art is doing for matter. And judging from the history oi tne past, the problem is soon to be solved of how great paTectibtlity the numan mma is caps- darv - - . r . ,1TL .1 iana, then owned by the c rencu. w nen me colonies revolted against tbe British Gov ernment, and declared independence each one of them claimed all the authority, pow ers,' rights and privileges of sovereignty, which had been exercised by the crown ; and consequently, laid claim to all the waste lands then owned bv it Whicn Claim was W - aPSA m racytne ceatng otaies examine the deeds of cession. Ih the deed of cession from New York, which was first in point of time, and which bore date February, 1780, we find the fol lowing language : " And we do by these presents, in the name of the people, and for and on behalf of the State of New York, and by virtue ot tne power ana trust commmea to ua ultimately confirmed by the treaty of peace by the said act and emisaion, cede, transfer, and . ' , J r u r ,k (tD UA -lafm tn torever relinquish to, and for the only use and benefit in 1783. Each of the States laid claim to 4 s m ahallecome partiesto all the lands ongmaiiy coniainea in iue This question, ot ble of attaining. The States of this union, ii jtw.A h it further MiAfea. init tats. act i ihrnnirh , inndahie amDition. are running u a jmm A.fva arw sf - a WW&aa a w -m shall not delay the sale of any of, the public lanus oi n career 0f improvement. In or- the United Sutes beyond the time Vhich has ber, ot . . accompiishment of these great ma, be, appomted by the ' ProcamaUon nurooses. in which they re engaged, they uenvnor snail we proTiawn. oi u ' .... M Va mi which is a ....nn. ahall tdll CO mftlfl U1B 1 IIIUSL HO.V d T J " ..... i. ... a , 1-1 " ' m. a n 4 an maMAA QS WAH proof a?l payment, and ble tbe anuiavu requuea oe- tne sinews oi impruTciiicm m fore the day appointed lor tne commencement, oi iae 1 ag cf war. i ney want money, noi tor iuu aaletf as aforesaid. . 1 mirnnse of idlv spending; it not for the pur- Sec 15. And be ttfuHher enacted, nk r the ambitious enterprise er any person nas aeuiea or snaiiaewie aim uFiu..atr -1 ne tractof rland.subiectatth time of settlement WWWWuuuriuo pu., .-j.B w, vate entry, and ahall intend to purchase the same u-j .foundations ot a system oi prospeniy ana der the proviarons of this act, such person shall in the glory, to be enjoyed by posterity for ages to nracase, wunin. snree monuu aimj i"6o come, rortunateiy tor our country, ana our the sarnA and in the laat within thirty days next after . .;tnllnn nnr vast m)br,, domain consti- iiiati.uiivuwi waa . w r - ' - the date of sdeh, aettlement," file with the registe? of the proper district a : . written, statement describing tbe la ml aeuled urMn. and declaring the intention of such person to elsim the same under the provisions of this - ..... . ' . f 3 ' .1 . act: and ahall, wnere sucn setuement isaireauj uaue, - j m -- ' .a V a AavAa. 'A ...I within twelve montns alter tne passage oiuu uju hr. it ahall hereafter be. made.' within the same pe riod after the dale of such settlement, make the proof, - - A - . a 3 . ata.l i I la m affidatit, and pament nerem raquireu, u u w or ahe shall fad to file such wjAtten statement as afore said, or ahall tail to make such affidavit, proof and pay ment within the twelve months aforesaid, the tract of land so settled and improved snail oe supjecr to tne entry of any oner purchaser. . ; 1. i r . m J. I f L mm.tmrt That Vl. Bee. IP, Ant Oe tt J v ner cent, of the nett proceeds of the lafids sold, or that may hereatter be sou oy ue uniiea oiawa m ue ouue of MiasiaaDDi. ainee ' th first day of December, one thousand eight hundred and teventeenVand by -the act entitled "An act to enable the trenpie or tne western part of the Mississippi Territ ory to form a Constitution and -State Government, and for the admission of auch State into the Union on aa equal footing with the ori ginal Sia-es, and all acta supplemental thereto, re served for the making of a road or -toads leading to aaid State, be, and the same is hereby, reliuquiahed to the State of Mississippi, payable in two equal in tal incuts t the firat to be paid on the first of Mav. one thousand eight hundred and forty-two, and the other on the fint of May, one thousand eight hundred and fortjr -three, so far aa the same may then have accrued, and quarterly, aa the earn may accrue, after aaid pe riod Provided, Thai the Legialatare of aaid State shaUpassan set, declaring' their acceptance of said tutes jin endless source of revenue, adequate to the great purposes to which I have adverted. And those States, which are in advance in this great and glorious race of improvement, have, most of them, encountered debts and difficulties, from which their share of: this common property will relieve them, without imposing domestic burthens on their own citizens. - My next principal reason, for supporting this measure at this time, is, that we should adopt some permanent system, for the future disposition of the public lands a system which will have, as a guaranty for its dura tion, the faith of the General Government -on the one hand., and the vested rights and maiviauai interests ot tne state governments on the other.' I verily believe, that unless this question is settled on f ora permanent basis during the present Congress, that the" publie lands will soon cease Co be a source, either, of ordinary revenue, or for distri bution. Tbey will either be converted into political capital, with which gambling poli ticians will bid for the high places of power f or they will be seized with the strong hand of violence, and appropriated to the use of the new States alone, that have 4grown into colonial chartered limits. the right of the States to all the waste lands -a. . a 1 a ! A I . . 4 within their charterea limits, excueu greai attention at an early period of the revolution ; and prevented, for a time, the ratification ot the articles of confederation. The ; States which held oO waste landa insisted and with apparent justice too that as they were all engaged in "a common struggle, and as these waste lands were to be wrested from a common enemy, ?by a common sacrifice ; they ought to be considered as common prop erty, to be used for the common use and ben efit of all the States.- Their object was, no doubt, to secure a common fund, to pay tbe common debt of the revolution. Some of the States refused to sign the ar ticles of confederation, unless upon the con dition, bhat the States Claiming unappropria ted lands should surrender them as a common fund. As early as ; 1776, the convention the articles of confederation, all the eight, title, interest, jurisdiction, and claim of the said State of New York, to all lands, territories, &c, " and to be granted, dis posed of, and appropriated in such manner as the Con gress of the said United or confederated States shall order and direct. In the deed of cession from Virginia, which followed next, and which bore date March, 1784, we find the following : " That all the lands within the territory so ceded to the United States, and not reserved for, or appropria ted to, any of tbe before mentioned porpoaea, ox dis posed of in bounties to the officers and soldiers of die American army, shall be considered as a common fund for the use and benefit ot auch of the United btates as have become, m shall becofffe, members of tbe confederation, or federal aHiffnc ojf said States, Virginia inclusive, according to (lusudl respective - proportions tn tte general etiafge ana expenditure. and snail be nutblully and oona juts disposed ot for that purpose, and for no other use or purpose what ever." '- ... ... ":; ' --n- The deed of cession from .Massachusetts, which bore date March, 1785, declares that her delegates, " by virtue of the power and which framed the constitution of Maryland, I authority to them, committed," passed the following resolution : Resohed unanimously, That it is the opinion of una convention mat ue very extensive ciaun oi tne 8tate of Virginia to the back lands hath no foundation in justice, and that if the? same or any like claim ia admitted, the freedom of the small Sutes and the lib erties of America may be thereby greatly endangered ; this convention being firmly persuaded that, if the dorniniorji-oves those lands should be established by the blood and treasure of the United 8tates,such lands ought to be considered as a common stock, to Assign, transfer, quit claim, cede and convey to the United States of America, for their benefit, Massa chusetts inclusive, all right, title," Slc, and conclude by declaring that the cession is made ' to the uses, in a resolve of Congress, of the 10th day of October, 1780, mentioned." In the cession from Connecticut,-which bore date September, 1786, her delegates, ' Assien. transfer, quit claim , cede and eonvey to the United States of America, or their benefit, Con- a common stock, to . : 1. ...,. .11 -:),, . ; be parcelled out at proper times into convenient, free, ,; u;m whirh th aU r,Y r r..:.. and mdependent Goveracots.'' , hathf &ct for the uses," m m1?ebtw recited act As late as 1779, when; all the other States of Assembly declared f . --m-. had signed the articles, she still refused, and The uses mentioned in the act tf assem instructed her delegates in Congress, to in- bly referred to, were u fat th common use sist ppon a bui render of the lands, by those Mnd benefit of the said States, Connecticut estates claiming them. The following is an I Inclusive. extract from these instructions : ; We are convinced policy and justice sequirefhat a country unsettled at the commencement of his war, chimed by the British Crown, and ceded fait by the fafy of Paris, if wrested from thecommcp enemy by the blood and treasure of the thirteen States) should be cottsidered ara common property, subject to be par celled out by Congress into free; convenient, and in dependent Governments in such 'manner, and at such times, as the wisdom of that assembly shall hereafter direct. ' f- The deed of cession ffom South Carolina, which bore date, August 1787, declared tha her delegates do : , Assign, pansfer, quithuin, cede and convey to .1. TT2. i o. - f . j. , -y . 1 1 uio uniiea oraies oi Americaor wietr omeju, an ine right, title, interest, jurisdiction, and claim which the State of South Carolina hath, in and to the before mentioned and described territoryJ The cession from Nprth Carolina, which bore date, February, 1790, declares. narv suDDort of the Government, ia all future time, a formal grant in general terms would have been sufficient : and why insert the ex- nress nrovision. that thev should be held for the common, use and benefit of all the States t If afull and unconditional power over! these lands was intended to be conveyed, why should each State have expressly provi ded, that this common fund should be da nosed of for the common use and benefit o( all the btotes, the ceaxng otate . incwi For if it was simply intended 'that the Imds should become general property, g3 into tlw general, treasury, and support tne general Government, each State, as a member of the confederation, would have received its ben efit and advantages, as such, without tne f .. t ir U71i sertion ot a clause inctunvz oi iweu. State have exnYesalv stipulated, that the lands should enure to tbe use m benefit " of such States as might thereafte become members of the confederation, if fj was intended j lhat the proceeds of to lands should always continue to defray the expenses of the general treasury ? Had this been intended,, each and every state uw might ever become a member of the feden! alliance, would have received its benefab the exemption these lands would have af forded from other purposes of taxation b no clause been inserted, extending tne v and benefit of this fund to such States " might afterwards become members of confederation. It Will not be oretended that these stips- lations mean nothing. It is paying a poj ntim.ni iho I tolsflnm and sacacitrs our fathers, to say that they are mere id verbiage. If they mean any ming, they meant Whatcan they mean, excep that the States Intended to restrict thMCisn f th. Hanonl CnvArnment. in the flispo81 tion of these lands and that tbe oalancej after the " extinguishment of the debts tne incurred, and trbe incurred, should be disnosed of. that 'each State should recein its individual and seoarate share of lhe.coaH mon use and benefit resulting from their ail plicationt . .: . (To be continued.) Rerponnbilitv of Drunkards.- im in legal practice, that those who pres" in onmrn! n vi m-tn nKcn A rlin r mUSt SUV to Dunishmcnt when sober. This sw the law in nnl fuuiiilitr n mnrlfm tlDQCS- ancient Greece, it was decreed by Pitta i that he who committed a crime when inw j i u : . nKlo nnnisnme"4 viz: one for the crime itself, and the for the inebriety which prompted him toj mix, ixv ' xne - Atnenians not wj J-re oCences done rn -drunltennesswithin ' ed severity, but,:by an enactment of inebriation in a magistrate was made cr In our xsountry i at tho presenTtfmet violence comraUted under its influen held to be aggravated, rather thnJJJtd wise ;, nor -can the person bring it t. as an extenuation of any folly or mlf- nor, which be may commit, a vu.u in intoxication holds in law, ana r ju ly binding, unless it can be JZ.&, person, who signed it was inebriated. i. collusion or contrivance oa wy tbe bond was given.
The Raleigh Register (Raleigh, N.C.)
Standardized title groups preceding, succeeding, and alternate titles together.
Sept. 14, 1841, edition 1
2
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