- .. . ... ...... , , ... , ,
fciaJiis
, .. gatiM-'nKrai.i 1', i n 'Mrri,i:,--i-J.lMV i ji ' " m ,......".. . ......
Y,r - - .
i
9 .'
I
n
iV" ; HQ. 3 . -
in: ---.- ' ;- : - ;
li .Vorfi Carolina Dttxclte,
. nrsLiaMEff, waaKlv. BV .
. -.jjj-
SeatcatrTl.,, three dolUrs per annum one
fc.ir yffn i..Wri),Ti-in sifter ftfnfrs
etrioot be ll.ir"l t remain i" arrears Infifer
lh one year,ail persons I esMrnl iihmiltbi
8t, who my desire to become subscribers,
will Wstrietlr re quired t pay the whole a-
V- mount ofthe tear's subsetiiiiion in sdvsnee.
ATTMi(iT, wot meeedine fifteen lines.
J isorteijthiw'liine for ou dollar, and Iwen-
, . t.(li eetits tr eneli continuance.
; t.aTrga.s tn the tWHor nnt be post psi
STATE IKfiISI.ATt'nK.
NrCrvau's Spferli on tne Land
Ill'dOjMtlOH.
Srxatr, ' Snturdau, Dec. 12, 1835.
The Senate renumed tlie cunaTiTera
?"iior''ileTwfiis!Veil busiriess'iaf yes
trrdsj, the resolutions respecting the
" pub'ic "lariit'sT-The" "resolutions" sub
mitted by Mr. Waugh are'as ftdlows:
Rnnh-eil Ay tht rtenernl .Atiemlily A'anh
' , . lrritnnr pnlilie lunilf of th ' United
Kiate, (i he'HtHtei in wtiiih mid l:ml rr it-
' ,e, it wm(M a 1inhi-eli.of tlie pnlilie Iith5
-"n4 TMiigMOin iolation of I le'rigliU of all lite
Stat-a. '
r II. Rrttlvril VrMr, That alt llie pnMie re-
jfnwa Jif a'l hamiUn JiCflttkAUMlilljiBC,
' tmlireetlf , anH mighf nrer In exceed the amount
ot epedineeeary la n economical ad
. miniatralkin of he llnernmentj and therefore,
. whf ner the proceed of th le of llir leri i
lnr or pnhlie landa of the United Slate, are
rot re(nired in aid of other rerennet) fir the
trfilimntt ft'irpviet n the Nstinnul Gnernment,
if hrlieie it ihe duly of Congreti to ft'ie
nut rtrmmenilnmc aafe method for diitrilxil.
Jn;,' amont all the State, aitraurott pmeeed
rf the Httlii ln), wiiirh may frma lime lo
imr--rrwm--fW-ryrenry of the United
' StKiei ner f7itt"?W ' exieniTlnre.
H.- IJettH'eil farther r I'hat Cnnrei( eannnt
rtiitrihnle lltenneeedi of Ihe aalei of the territory"
' or p'llitic ln.t b'-lnn'.ing to the United Statea.
ir the pnMie land, tli.-m-le, in any manner
whirh:ir . nrefrrenee tothenrw Rtarea in
: hleh th" - lijeMtuI,- w ithowt ilnl'4(r -the
rih1. and prrj.Kliciiig theelaiml olall the State!
-CUU..,Uniin ". ' ..-...-.w-'
I V. lirtnhvif further. That we linrerely de-
preealeall trtlemptrmrthe part ol the eitixth
nf t!iii State tn increase the diftVulliet, and
ra;tir the jeataimei, already exhihited upon
national tpieitioni. in ie;eet to our pnhfie landa,
hy grmtg to them a pat ty eharaeteiv whlchdnei
tot irnerlr hrhiRto the lotijeet, and thereby
linhlinf; ttiit'Indiioementi to the new Slate to
put forth ardent and nnredionahl ilamanilt
ail no the other hand, by drnnuncinr iheir claim!
with bitter reproaches, to ai to kindle a blaze of
diieontent In the nniion, which, however Uten
ded by Jhoae who raited it, mini nliimntely en.
. 4wrr the peace and prosperity of the beat
r.n'emment on eatlli ;
X V. tteto'reit, Th hit F.teellcnpy th flow
W ernor of this State, be requested to trantmil,
I forthwith, a copy of Ihe fnrjoing lieiidutiims to
eich of the SenaiOi' and Itenreaentatiiet, from
North Carolina, In Ihe Congreett of llie United"
Etatet. - - ' -
rX'.r'Mrr liittte havihg'mnved the follatr
s Ing resolutions as a substitute, the
oiiirinal resolutions, and inserting the
amendment, viz:
Hna'.vrd, A the opinion of this General
tmlVly, tint ioT act hy whwh the Confrre
As.
temiiiy, tint am act ny wnwn tne confrreii oi
r-
ha United Statet shall cire Ihe puhlia landt to
the States In which Ihey are situated, or any set
hy which Ihe minimum pi ke at which these
t,ndaarenow soldi shall he reduced, would se
riously aft ret the protperty nf all Ihe old Stalet,
and do great injustice to those Sti;s hy which
Ihey they were originally ceded lo the Coidrd
raey. ' v , '
II. ' Ttefitvetl further, Kt the opinion of this
General Assembly, that Ihe public debt bavins;
baeit etinituis!iert. anil the niijeet lor winch the
cession of the retpretive portions ol the ptiblie
tlomam by Ihe Slates which original)' held them,
. -i.ta Ixiior thus beewaaeomnHstiert, that swell flupo
t V v 'i on f (he puhlia Unds, or the proce -ds thereof,
i ! v- ought to oe mane amnns; me o'ain ui me union,
x as shall OC proportwneu 10 ine reprcue aacrin.
ae nd expenditnrrs inetirrrd hy ihem in tup
: port of the United Siatest or, at least, in prapor
s tioe) to Uielr frderal population.
lit. RenlveiL That the Cioeinor be, and
t lie la hereby requested, t irsnsmit copies of
:, these resolutions to the aenstort and Itepresenr
. fativet rrnm this State, io the Congress of the
MmBRV-AN-Mtd thotrtmr-dvs
, caes.of - the -resttlutt'ni57"Whichhad
I' been introduced as amendatory of those
i brought forward by the'ghtleman from
I 8urry;Mr,. WaugiJ hadbren charge
I ed with an attempt to give to this de-
I f bate a party character. : No expres-j--jiiin
of opinion, which could be cited
.C3t I AWiMA.E MMh.l I,,W
...'..I 1U j.nrrarhtAaa I.
charge,, had as jet t reached Ins ear
and Tie believed that a consciousness,
on the part of the accuser, that th 6-rigjBal.resolutinawerelntended--to
shield a certain party from all respon
sibility to the countrv in the just and
correct disposition of the vast and ex
tensive publiedomatn, was the main
1 inducement why this charge was made.
in advance.- We will not-bear the
, burden of their political sins; they are
not responsible to ns, but to their con
X stituents, and before them we will ar
T raign their opinions and submit our
nwn, as being the only legitimate ar
t biters, whose duly and interest it is to
; decide this important controversy.
. What has any government or people
ever pined by an abandonment of
1rinriplc, and an adherence to men?
!n wltat manner have-the honor and
j prosperity of North Carolina ever been
' advanced, by a blind and senseless de
I vOylm ta the political elevation -f any
man to the Presidency? . True, in .bet
J ter days, when "honesty was a jewel"
I and merit the badge ot distinction, a
Davie and an Iredell were honored and
distinguished; and. in more modern
; ; times, a political recognition was made
u nf-GaatemJlaraiif threbv aZriZ'
ate an heir loom for the political in
heritance and distinction of two of her
aons, neither of whom seem to have
been destined to enjoy these transceh-
tion. these con.litote. the only honors
whiehih Otnml GavtrttrntafTlinie
long lapse of now nearljr sixtr, vears,
Ii im iMin fit tn confer unon our eoud.
old State. Whr have her just claims,
been thus overlooked? hr has,Uiia
recn
matte a-Htf BBew oeiweew- Her-imi ;.ner
sister States? It is nut because lirr
tT1mrftint 1H i)Prl( unil ability.
but it arises from an snuitterence to
her own interests ami rights, a want of
State character and independence, a
blind devotion to men, without a
knowledge of their merits or nualifi
cations), and a too readj credulity to
tne wmui misrepresentations or tie
signing politicians. But her political
regeneration U near at hand. Coming
events cast their shadows before them,
and give signs that justice at last is a
bout to be done to our much injured
and Ion" neglectetTState. The influ-
ence of all these causes are now in full
operation here, and the jus and right
ful claim of North Carolina to her
share of the proceeds of the public
lands is about to be sacrificed by her
asserts a right which militates against
the opinions of n certain political fa
vorite, who is .said to be in the line of
safe precedents
jynnijias.. iuia.xiex!siaiure. io, nxo
li-L.. i - r . , . ,
wilh rrendent makinz or in what
in
manner w it bountl bj the jTOlhical
opinions of any candidate fur the Pre
sidency? Our constituents sent us
here to enact wholesome and just laws
for their benefit, and to advance the
prosperity and welfare of North Car
olina. We recognize, 'therefore, no
authorityj-BRve-their Wtll and thr tron
stTtutions of the Stlte and Federal
Governments, Why interpose the
moral influence of any man opinion,
w hich militates against the interests of
oar gtate? . Why tlim .depr.ive.h.ia par-,
tisans of the inilepemleiice of. their
mnioriizivhen it contticts wilh the
dearest interest of NortlTifJaTol i na ?
Sir, "I love Rome more than 1 do Cae
sar;" and if the influence of Mr. Van
I Buren's opinions are to be thus brought
m conflict with this great interest of
my native State, I can only say, as
every patriot ought to sav, fearless of
the consequences," I loye North Caro
lina more than I do Martin Van Buren.
What will he, or what can he do for
uscompared with the great ami trans
cetident advantages which we Shalt de
rive from a proper and useful applica
tion of our share of the proceeds of
the public lan.lsr 1 deprecate the in
troductinn of party politics into this
debate; but he that wjs guilty, having
cast the first stone, made it my. incum
bent tluty to- give a - passing nt'rcc to
this extraordinary departure Irom the
legitimate subject matter of discussion.
--The Senate wilr pardon me, whilst
I call its attention to the history of
tne public lands, and tlie rights there
in, which are reserved to the States by
the deeds of cession, and recognized
by the constitution of the U. Stales.
The early settlements of our country
were in a tie upon the Atlantic border,
asaff.irding not only a more easy cmn
munication with each other and the
old countiiwa, but as being- better a
dapted to commercial pursuit and so
cial happiness, and calculated to insure
protection and security from a wild
and savage foe, and the unknown dan
gers of an uninhabited and trackless
wilderness. The boundaries of many
of the States more immediately en the
coast were soon defined, not only by
natural-objects.-btir by those which
wereeommottwtlTtheadj
t.i:.. .t-,t.. .. . . .
iiiiiucuiaicijr in nieir rear; w misi mn
ers. were .circuins.cribed by no definite
limits, 'and contained an unknown ter
ritory, inhabited only bv the Indians,
and: the beasts of the "forests. The
former of these States, thus eligibly
located, whilst thev were. colonies if
GifAl..-BcUauiaod..:depeodtttpin
tne tnoiner country, noasteu ot tne se
curity of their situation, and fnllv on-
joyed all the benefits to be derived
Jherefrnmi whilst many of. the other
States, which had an unprotected fron
tier, were exposed to the merciless in
cursions .of the savage, India n- sub
jected to all the horrors of their cruel
and uncivilized warfare; compelled to
incur the grievous and heavy expense
of protecting their citizens, in their
then infant and hclnless 'state t and
jeopardized their lives, in settling and
riieiiiiiug uieir lerruory. Mu may
be considered as the foundation of the
title by which the old States laid claim
to the territory which we shall Dresent-
ly see was ceded, fur certain purposes,
io tne unueu states. ' -Thus
situated, the American colo
nics engaged in the war of the Revo
lution, which was prosecuted with va
ried success, until after the Declara
tion of Independence, without mani
festing a determination to adopt a
common form of Government, where
by the energies and strength of the
whole miirht be efncacimiilvTwi.-l.UI
and directed, and the common rause
otherwise jjromo.tedi.
Tie exercise of -
- sj - v-
sovereign powers, by so many distinct
""''" wuooui a common nead,
threateiietl to destroy all the ad vanla-
ges that nau
oeen cainea Irom the'eaaenf I In hiihlir i..,i;i r.
pending Kevolution. ic. and soon au-
gested lire forroaH
tion, which was subsenuentlr made.
Vrhijst Conjrtswaiia session for -
I ALEIGH, EI. O. THTJIISDAY, JANUAHY 7, 1326
this purpose, in October, 717 the.
States wliich claimed the territorr in
question were rou-' h surprisedto "find:
its tleliberationa disturbed by the as-
seriion ot the rigntot the Uongress to
exerctse -a power ana c
6htFoTver
- pronositbn,
miiic injure; iuiiwiiiS ; irw iiioiiniu,
.1.. r. it .
wiiit.il was mr.i puumiiieu, viz.; .
"Rettlveil. That the United States, in Con -
gress assembled, sliall have tlie sole and ex- grreas u!i powers, as may efleotiially remove
elusive right and power to ascertain and fix the only obxtacle to final ratification of the
the western boundary of audi States a claim arliclea of confederation; and that the Le,t'-
to the Mississippi or South tea, and lay. out latureof Mary land be earnestly requested to
the land beyond tlie boundary so ascertained authorize their dcleriilos in Congress to uU
: . . i : " i . . r. . k . i.Avs.,:,l .. i I ....
iiuu acpiimvc iiiiu iiiucpcnucui oiaies, irum
time to time, at the numbers and circumstan
ces of the people thereof may require."
It was contended, in favor of this
propoxition
Revolution
that as. tlie war of the
was carried on 'by all of
the States, each contributing;, accord.
fng to ita ubilrtyrto thecommon cansef
anil all making sacrifices for the gen
eral good, that these waste lands
should not be appropriated to any par
ticular State; whilst, on the contrary,
the other States held that the lands
limits, and they were as much entitled
tothis portion of their territory us to
any otln-r. Suffice it to say, that this
proposition received on'y the vote of
aiarv ami i
Maryland in its favour, which state
.... ... ..... ....... . a----.iH;MViJ,u-J":
TlWTr7II7 PT". "rT"!?
lantis, oi'iiiff oountieo oy me oui Diaies
of Viiininia anil Pennsylvania, and
thus completely shut out from the
Western territory; and it was deter
mined not to incorporate it in tl ar
ticles of confederation .
..... This) wpiflt of opposition tuthe rights
.of.jtlie. Statea that-claimed he ternb"'
ty, did not Mop here; for when the ar
ticles of confederation were submitted
tn the Legislatures ot the several
States, for ratification antl ail option,
the delegates from the States of Mary
land. Rhode" Island and "N"w Jersey,
in Cougressr were instructed-so it a-mentr-themr-as-rtprovde
tlhit the
waste and crown lands should be con
sidered the common property of (he
United States." This proposition was
Tikewise rejected, aTlhough some of the
States still claimed 4he lands, and all
acceded to the articles of con'edera
tion, except Maryland; which State,
in the Congress of 1779, filed her
protest against the exclusive claim of
some of the States to this JcxcUoryi
and whilst she therein denounced thek
claim as being fonnded upon an usur
pation of power, re-asserted her own,
with the evidences of her title.
Thus it will be seen that the title of
these States to -the- territory was never
disputed, except by the Sl'atesof.Ma
.rylan.d..Ne.jae.y..An.dJlli0il.e.Iskjitl all of which were surrounded and pro
tected by the other, old States, and
which, when the lands were considered
not onlyasa burden and expense, but as
exceedingly injurious to those contig
uous States, were very willing not to
be incommoded theleby. The States
of New Jersey and Rhode Island, not
beingso pertinacious, in their demands,
as Maryland, acceded to the articles of
confederation; whilst this latter State
still continued to manifest a spirit of
discontent :.r. and -. insubordination, c jis '
will appear by reference to the instruc
tions to her delegates, which were
spread upon the Journals of the Con-1
gress ot I7r0. . l ...
All difficulties belnjs; apparently re
moved, and this vexed question an.
ingly settled, Virginia proceeded to
open a land office, for the sale of her
western lands, . Ukh.act.ogain. excited
Xh,ft.w,camaad.iod
&c; 'and 8he"was"injlucctU by, the in
terposition and recommendation of
Congress, in October, 1 779, Mto for
bear from settling tr issuing warrants
for ihe unappropriated lands, or grant
ing the same during tne (then J present
war." The' ardent wish of every A-
merican patriot, iirthis trviiiz hour of
our struggle, was hi present an unoro
ken front to our common ehrmy; and
this obstinate and perverse disposition,
evinced on .the part of -Maryland,
rou pi ed with" her peremptory refu sal
"to authorise her delegates "in Con-
cress to subscribe to the articles of
confcd.cfatioaivere-welt calculated
to retard .the progress of our preat
cause, and to destroy all hope of ul
timate success. In March, 1780, the
Legislature of New York passed an act,
which, after stating, in the preamble,
among other things, "that the articles
of, confederation and perpetual onion,
recommended by the Congress of the
United States of America, have not
proved acceptable to all of the States,
if having been concsived that a portion
of the waste and uncultivated territo
ry within the limits or claims of cer
tain States, ought to be appropriated as
a common lunl, for the expenses of the
war," authorized a cession of her
lands to the United States for certain
purposes, as we shall see hereafter.
This proceeding, on the part, of New
York, together with the instructions
given by Maryland to her delegates,
and the-remonstranes nf Yirmnia a.
ginstth - clainv-nd-interference of
MHs--ft9tai
i certain States, were referred to com-
mittee or Congress, who, after statine,
in the preamble to their report, how
the vigour of oat councils, and success
heme, oar rrputatioa abroad &c. vas
ol our measures, to tmr-tranrTntlit y at
.liberal surrender of a portion of the
territorial claims, recommended the
adoption of the following resolution:
RetbeJ. That copies of the several pa-
pers referred to the committee be transmit-
of 1hewvenl .S,"'e ""i1!"' 11 H
.-nmmi.,i,A . ,i.n. o.i.. u
bare claims lo the western country, lo ps
such laws, ami give their ilelcfratea in Cotif
scribe tlic'sa'ul articles."
This resolution, and the proceedings
consequent thereon, having failed to
produce - thedesired -effect,- ami the
States owning the waste lands being
unwilling to appease Maryland, at the
Lxpense of their vast and valuable do
main, upon the unlimited and unde
fined terms contained, in the name,
Congressjigain, on the lOlh pf October,
1780, proceeded to adopt the following
resolution, plighting its faith wilh the
States, as to the manner in which the
fcWIaWaWrffie
as an inducement for the Stales to re
linijuiHli their claim to the same:
"Retolved, That the unappropriated J lands, I
Inch may be ceded or relinquished to the U-
nitcd Slates, by any. pirticul or . auu, puruajU..
day of 8ertcrobcr taut, ikall be (Utputed oJor
the common benefit of the United S ate), which
shall become members of the federal Union,
and have the same right of sovcrity, freedom
and independence, as the other," ccc.
Thus it will.be seen, Mr. Speaker,
that, up to (his time, there was a lear
and unequivocal acknowledgment of
the : right of Jliese States . to the land
in question, by Congress. If, sir,, this
claim, on the part of the States, were
disputed, why did Congress, fur suc
cessive years, petition the States to
cede their -right, and ,finall y adnpt the
resolution which .1 have, just read to
juu, in which meir ciaun is aiiinutcu.
and -therni cestry-or i 1 8 relinqu i sh -ment
urged?- This rixht never was
denied by Congress; neither did the
States, as I shall presently shew you,
ever abandon all claim to IheirJantlsu
On the first of. Match, 1781, the dele
gates of Maryland, in obedience to the
instructions contained in an act pass
ed in the preceding February, signed
the articles of confederation, and thus
quietedlie-fears and anxiety of the
country, - and completed "the Federal
Union.
The State of New York executed
her deed of cession on the first day of
March, 1781, -which was accepted by.
Cnngresstn t he 29th of October, I "82.
The most important matter fur our
consideration,-in this deed j- -the con--
tlition therein contained, that the
lands thereby ceded to the Uiajted
States "hhall be and enure- forthe-use
and benefit of such of the United
States as shall become members of the
federal alliance of the said States, and
for no other use or purpose whatsoever,
Next in order of time, was the cession
of lands -made by Viriginia, on thoflst
of March, 1784v One of the condi
tions contained in the deed of cesion,
Upon which alone Virginia waS willing
to relinquish heIa!mtK?Kfor j
uitrrcuj coiiveyeo, cieariy indicates
that she tlitl not intend to abandon or
part with all her interest in the lauds;
but1hataftefthe particular "purpose
and necessity for the cession, which
the exigency of the times had created.
were aiiswera. that then they should
ii. - . .J .
become the common property ( all of
, "inatau tne umaa wjmin tnetemtoi so
ceded ta tlie United Statea, and not reserved for,
or appropriated to any of the before mentioned
purposes, or disposed of in bounties to the oili
cers and soldiers of the American army, shall
be "considered as a common fund for the use
and benefit of inch of the United Slates as have
become members of the confederation or federal
acconfriig fo tlieir usual rc.ipochvc propoirttons
m the general charge and expenditure: and
shall be faithfully and- bona Jide disposed of
wr tnat purpose, ana for no uther ute or bur
pot whatsoever? : "
ihe lands conveyed bv this deed, Mr.
Speaker, to the United States, com-
prehend that immense tract ot cou ntry
which now -constitutes the States of
Ohio, Indiania, Illinois, the would be
State of Michigan, and the northwest
ern territory of Ou'n Consin. This
latter territory is in length, from east
to west, about 550 miles, and 400 in
breadth, from north to south, fnd con
tains an area of about one hundred thou
sand miles square. . During the years
1783, 178G and 1787, Massachusetts.
Connecticut, and South Carolina, by
deeds of cession, conveyed to the Unit
ed States all their claims to the vacant
and unappropriated territory' which
belonged to them, upon similar condi
tions as contained in the Virginia deed
of cession. , Our .own. State, North
Carolina."); in December. 1789. nro-
ceeneu to pass an act, in which, aJterthem-for a certain purpose.and'Torno
suggestine that whereas the United
States, in Congress assembled," have
repeatedly and earnestly reccommend-
ed to the respective "States in the
Unlon.ltfaimlngoffcwning
em territoryvto make cessions of part of
the same, as a ' further means, as well
of hastening the extinguishment Jf the .
debts as of establishing the harmony of , U
the United State.?! ;beu4lMr;ea the-' st
Senators of this State, in the Coneress.
of "the United States, or one of the
Senators and . two of the ncprcsenta-
tivei of this State in Congress, to exe
cute a deed, on the part and behalf of
tins State, Lcoiyeyjiig to jhe Uniteu
States all that poruon of tcnitorjf now
con$ttf.U!!.ng.-iiifc5
was, that all the land intended to be
ceded, bv virtue of this act, to the
United State of America, and not
appropriated, as before mentioned
shall be considered as a common fund
for the vie and btnrfit of the'Lhited
cordjug to their respective and usual
proportion in the general charge and
expenditure; and shall be faithfully dis
posed f fot -thai i purj8tfadffno
other me or purpose whatever.' This
deed of cession wa duly executed by
Samuel Johnston and lirniamin Haw
kins" our then'latDHrlirCDiigryiM,
on the 25th day -ol teburarv, 171)0,
and accepted by a,n act of Congress,
approved April 2nd, 1790. - Ihe
State'of Georgia.'by an act, passed in
1803,. after reserving to herself, out.of
lsSfcedi(f "41S"an
ceded, one million two hundred and
fifty thou and tlollars, conveyed pr the
United States her waste lands, upon
le same ..conditions 'as gpClueajn
the Aaidi of xtSiiuHS-iif ViigLnia-and
grether with that made bv Soulh.Caru
i lina, comprehended that extensive mid
lertile rtgion ol ctiuntry now Constitu
ting the States of Alabama, Mississippi,
&c. and completed the title, whatever it
may be, of tlie United-States to the
t ies of the old confederacy. -
The two great inducing causes
which-4mpIUd thse . States to cede
their lands thus to the General Government,-
were. in the language ot the
pr eafeJde-iot i he- - Nor 1 h- Ca 1 hi a ac t
VtheJiastetiing- the xtifiuTsriment of
the debts, ami the establislring taciLax?
Tnony of" the United States." I am
given to nnderstand that daring my
absence from the Senate, the gentle
man from JYarren irLEd wards J.has
endeavored, in bis argutnent, to Sustain
two positions taken by him against the
claim of the States, and distribution of
the proceeds of the public lands anion;;
them, viz: fir&C that they were ceded
by the State.to Ihe Government of the
United Sfates,- and thatthey belong
ab3olntely;tift7-and," seconiflj,: that
it would "be unconstitutional now to
distribute the proceeds of tLi sales of
them among the Mates. As Virginia,
sir, ceded by far the largest and most
valuable portin of what i now denolu
inated the public lands, and as the con
li4k!containednheideed4ceionift
similar to that of the other States, I
wilr call the attention of the Senate
to its consideration r-- "57
"All the lands, &c so ceded to the United
State, dec shall be considered as a common
lutttl for the ute and benefit of tuck of the U'
ruled State as have become, or sliall become
members of the confederation, or federal alliance
of the said Slates, Virginia inclusive, according
to their usual respective proportions in the gen
end charge and expenditure; and shall be fhith-.
fully, and bona fide disposed of for that pur.
'Otc, and no other ute or parpote whutioever,"
aTliisdecdm6stfci
the United States a trustee of those
lands, for the use and benefit of wci
of the United States, &c. Virginia in
clusive, as were or " should" become
members of Ihe federal alliance. If
the deed were intended to convey the
lands absolutely to the General Cov-
eminent, why make provision for tuth
SfiBigOOMJMss
aiion? and why
mention Virt
iniaby
name? She constituted
one
of th"
Union, 6Tid would have participated
in all the benents that wculu have ac
r.rued from, giving them, to the United
States, if the deed did nut contemplate
a distinct nnd individual interest to the
separate States. The- craiit, as has
LoeeiwrMnfajkeftv! iMrt 1itj tletHot
of the confederation, but for that of the
several States wliich compose the con-
federationA 'Ihe fund is to be under
. - . . i f . . I .
collectively! and. is so far a common
fund: but itTa , to lie ntannged fur the
use and benefit ot the-StatotAflividu-4
ally, and is, so faiY a separate fund,
under a joint management. More
over, sir, this fumU-by the deed, is
considered a common fund of the in
dividual States, to be disposed of, by
the United States, ''for their benefit, ac
cording to their usual respective pro
oortions in the ten era I charge and
expetMliturfj and fcttall be faithfully
and Dona nne disposed ot for that pur
pose, and for no other use or purpose
whatsoever." . - - 1':; .- , '
Now, sir, if this were an ebsolute
cession of these lands, to the General
Government, why is it that the Govern,
ment cannot have an absolute ami un
controlled disposition of tliero? Why
is it limited, and bound to demise of
other use or purpose.whatsoevt'r?"-
The answer is obvions. " . Ihey were
only ceded for a certain purpose to
the United Sutes; and as the 'govern
iuentcoultl 'pnlyuse jhem lor thj
DurDose. when that purpose was an
swered, and the payment of the debts
for which they were surrender ed to the
tiited States effected, the United
State-fuldhae-iheitrtleto
them than that of. a faithful trustee, far
those who were entitled fo them".
: "What was the object of the cesixi
anejnngeiniajjLaiift-xo4Uetaiiooete
VOIu 3I2VII
of these lands to the United States?
It was. in the language of the deed, to
PaJ Mjhe usual respective proportions
in the general charge and expenditure
uf. each, of the iiutes of lli . con fide
tuted this general charge and expen
diture. The war of the Revolution
involved tlie States in a debt of be
tween GO and 70 millions of dollars, with
no apparent means to liquidate and dis
charge the same; the articles of con
federation were ao weak ami power
less as to disable the General Govern
ment from raising, by .taxation, a suffi
cient amount of- monies to meet its
necessary-rwaiitsf '-and -each-State wa-
requtred to make "nxeu antl.kurfwn
conti ibutktnt'' in aid of the contingent
charges and expenses of the Govern-
menfe
mauds upon them, arising from the exi
gences of the times and the prosecu- '
tion of an expensive war, exhausted , - -
their n;eans and impoverished their
treasures: notwithstanding tlie States,
ertions, continued their respective .
contributions up to the lime of the ces-
inn nf tli( lntlil anil thn ailonlinti nf
the Constitution. In this - state of
things, w ith a large and increasing na--- - :
tent and dissatisfaction evinced by the
States to which I have already aliud-
ed, in consequence of the exclusive - ,
claim of the other States to the lands .
now denominated the public domain,
theGeneral- Government anxiously -
d irected its Attention to these lands- as
the only means by which "the re--spective
proportions of the several
States, in the general charge and ex--pendit.ure."
could be raised and dis
charged, and the malcontent States :
satisfied jand appeaji antj,acxnrding- :
1 v, sir. we find that, in compliance with
hrMntajidjenejUedaoliciUtionscf
the Government, they consented ta . ,
yield their-lands, upon the condition - . -that
they should be considered as. a
common fund, for the use a ndbe ne-
fit of such of tha United States as have
become or shall become members of
the confederation or federal alliance '
of the said States," the Slate ceding
them '"inclusive, according to their"
usual ' respective proportions - in the
ge nerai cnarge t ntt? t pendiTuTe fa n d
shull be faithfully and buna fide dis- -po.ed
til for that purpose, and for n "
other v use- or- purpose whatsoever." - - -And
thus we see, sir, that when Mary
land; New Jersey and Rhode Island
joined the, confederacy, they became
entitled to their share of these lands,
which ivjere ctrdedLto llieijQoycr.ninent .
for the common use and benefit of all
the States, individually, according to .
their usual" respective proportions in '" r"
the general charge ami expenditure;
and that the General Government be- .
came bound, by the very terms of the ,
deed, that she would faithfully and
bona fido dispose of them for that pur-
pose, and for no other use or purpose -whatsoever.
If the General Govern- '- -ment
is disposed to pel form this con
tract, and considers herself b und bf ;r
ti)e''-Mh;ind1'ii' ul "1 '
honor, integrityand justice, whiu be-,
comes of the argument that these lands
belong to the General Government,.!, !'
and that she has the absolute and un
conlmlled disposition of them? : Sir,
she may arrogate to herself the power
to do so; but in so doing, she violates , -
her nlishted faith, is ffnill v of a ireach
in fidesree and "tmstrenosed Itr"
hex-by the States, andJs totally regartl--.:
less of the very terms and letlerof the -deeds
by , which aloue she can assert
any title to the lands. ; .
The States were and are distinct
sovereignties.' -at to their domain, and
the General Government cannot inter- '
fere with the same, .uuless .by. their
:Tilscnt."2"If;" therefore, sbe should -
disregard these deed as conveyances, .'
&c. she-is bound tt resiie:t and ob
serve them as comracts. or treaties:
- . . . 7
which each nave the ri"ht to enforce
and exact a pet forma nee of, according
aMhey m.r be Tiofatcd arid disregard- -ed
by the one or the oi her. This, sir,
is - natural jiistiee,'t which cannot be
avoided, except the General Govern-
ment, unmindful of its obligations, and
in violation of its faith and l onor,"by
the exercise of arbitrary power, or an .
appeal to superior force, shall cut the
uordian knot which binds together the
rights and interests of the Slates. .
L.M us preretd with (ha turther, his
tory of these lands, and we will soon '
perceive, hat tho arguraettof the gen
tleman froinWarren becomes weaker -
as we progress. in. Alay, 1785, Con
gress, in the performance cf its duty, .
as contemplated by the deeds of ces-.
iion, prncceded to dispose of a part or
these lands, and eireeteil the amount
of sales to be paid into the treasury of
the United Slates, and in August.
1790, passed an act, directing the
proceeds pf the sales to I applied 'to- -
wards the sinking: r. discharging ot ,
ihe debts of the-.UiutedSlatea, ie.
In the year ,1787, three "years- af'er ,
Virginia had ceded . her lauds , to the
General Government upon; the roa- .
ditions already iiienttmed, the Con
'gfeiir:tjh':eiUnitl'f.
ing a Government-fir the very territo-r
ry so ceded by -Virginia, ordained and -,-Jvclatfd,
"thit the following articletj
4
1
1
V.'