Indiana Palladium, Volume 9, Number 51, Lawrenceburg, Dearborn County, 4 January 1834 — Page 1

TIN By JDavid V. Culler, Terms $3 PER YEAR 33i PER CEXT. DISCOUNT MADE OX ADYAXCE, OR 101 O.Y VM' V PA YMEXTS. ILAWREKfCEBUKGH, (IA.) iJATURBAY, JAWUARY 4, 1884. S3 .11.

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SENATE.

Thursday, December 5, 1833. The following Message was received from the President of the United States, (through Mr. Doxelsox, his Private Secretary,) returning, with his objections, the bill which originated in the Senate at its last session, "appropriating for a limited time the proceeds of the sales of the public lands, and for other purposes:" To the Senate of the United States : At the close of the last session of Congress received from that body a bill entitled "An act to appropriate for a limited time the proceeds of the 3ales of the public hnd3 of the United States and 'for granting lands to certain States-" The brief period then remaining before the rising of Congress, and the extreme pressure of official duties, unavoidable on such occasions, did not leave me sufficient time for thai full consideration of tho subject which was due to its great importance. Subsequent consideration and reflection have, however confirmed the objections to the bill which proseated themselves to my mind upon its first perusal, and have satisfied mo that it ought not to become a lav. I felt myself, therefore, constrained to withhold from it iny approval, and now return it to tho Senate, in which it originated, with the reasons on which my dissent is founded. I am fully sensible of the importance, as it respects both the harmony and union of the States, of cnaking, as soon as circumstances will allow it, a proper and final disposition of the whole subject of the public lands: and any measure for that object, providing for the reimbursement to the United States of those expenses with which they arc justly chargable, that may bo consistent with the views of the Constitution, sound policy, and the rights of the respective States, will readily receive my co-operation. This bill, however, is not of that character. The arrangement it contemplates is not permanent, but limited to five years only, and in its terms appear to anticipate alterations within that time, at the discretion of Congress: and it furnishes no adequate security against thoso continued agitations of the subject' which it should be the principal object of any measure for the disposition of the publiejands to avert. .Nejtfcerjhe merits of the bill under consideration, nor tne validity of the objections which I have felt it my duty to' make to its passage, can be correctly appreciated without a full understanding of the manner in which the public lands, upon which it is intended to operate, were acquired, and the condition upon which they are now held by the United Stales. I will, therefore, procceed to the statement of those objections by a brief but distinct exposition of these points. The waste lands within the United States constituted one of the early obstacles to the organization of any Government for the protection of their common interests. In October, 1777, while Congress were framing the article of confederacy, a proposition was made to amend them to the following effect, viz: "That the United States in Congress assembled, shall have the sole and exclusive right and power "to ascortain and fix the Western boundary of "such States as claim to the Mississippi or South "Sea, and lay out the land beyond the boundary so "ascertained, into separate and independent States, "from time to time, as the numbers and circumstances of the people thereof may require. It was, however, rejected, Maryland only voting for it; and so difficult did the subject appear, that the patriots of that body agreed to waive it in the articles of Confederation, and leave it for future settlement. On the submission of tho article to the several State Legislatures for ratification, the most formidable objection was found to be in this subject of tho waste lands. Maryland, Rhode Island, and New Jersey, instructed their Delegates in Congress Jto move amendments to them, providing that the waste or Crown lands should be considered the common property of tho U. S. but they were rejected. All the States, except Maryland, acceded to the articles, notwithstanding some of them did so with the reservation, that their claim to those lands, as common property, was not thereby abandoned. On the sole ground that no .declaration to that effect was contained in the Articles, Maryland withheld her assent, and in May, 1770. emboided her objections in the form of iustructions to her delegates, which were entered upon the journals of Congress. The following extracts are from that document, viz: "It is impossible that those States who arc ambitiously grasping at territories, to which in our "judgment they have not the least shadow of exclusive right, will use with greater moderation "the increase of wealth and power, derived from ''those territories, when acquired, than what they "have displayed in their endeavors to acquire them ?" '&c. &c. "We are convinced , policy and justice require, ''that a country unsettled at the commencement 'oflhis war, claimed by the British Crown, aud ''ceded to it by the treaty of Paris, if wrested at "the common enemy by the blood and treasure of "tho Thirteen States, should be considered "as a common property, subject to be "parcelled out by Congress into free, convenient "and independent Governments, in such manner "and at such limes as the wisdom of that assembly -.l! .hereafter direct," &c. &c. Virginia proceeded iC open a land office for the sale of the Western lands, which produced such an excitement as to induce Congress in October, 1779, lo interpose and earnestly recommend to " the said State and all States similarly circumstanced, to forbear settling or issuing warrants for such unappropriated lands, or granting tho same during the continuance of the present war," In March, 17S0, the Legislature of New-York passed an act tendering a cession to the U. State of the claims of that State to the western territory, preceded by preamble to the following effect, Yiz. "Whereas nothing under Divine Providence can

more effectually contribute to the tranquility and safety of the U. States of America than a federal alliance on such liberal principles as will give satisfaction to its respective members; and whereas, the Articles of Confederation and perpetual Union recommended by the honorable Congress of the U. S.of America have not proved acceptable to all the States, it having been conceived that a portion of the waste and uncultivated territory within the limits or claims of certain States, ought to be appropriated as a common fund for the expenses of the war; and the State of New-York being on all occasions disposed to manifest their regard for their sister States and their earnest desire to promote the general interest and security, and more especially to accelerate the federal alliance, by removing, as far as it depends upon them, the beforcmenlioncd impediment to its final accomplishment," &.c. This act of IS ew-York, the instructions of Maryland, and a remonstrance of Virginia, were refered to a committee of Congress, who reported a preamble and resolutions thereon, which were adopted on theGth September, 17S0; so much of which as is necessary to elucidate the subject, is lo the following effect, viz: "That it appears advisable to press upon those States which can remove the embarrassments respecting the western country, a liberal surrender of their territorial claims, since they cannot be preserved entire without endangering the stability of the general confederacy; to remind them how indispensably necessary it is to establish the federal union on a fixed and permanent basis and pa principles acceptible to all its respective members, how essential to public credit and confidence, to the

'support of our army, to the vigor of our councils and success of our measures, to our tranquility at home, our reputation abroad, lo ourvery existence as a free, sovereign and independent people, that they are fully pursauded the wisdom of the several Legislatures will lend them to a full and impartial consideration ofa subject so interesting to the U. Stales and so necessary to the happy establishment of the Federal Union; that they aro confirmed in these expectations by a review of the beforementioned act of the Legislature of New-York, submitted to their consideration," ecc. j "Resolved, That, copies of the several papers, rcrerrca to me committee, ue transmuted, with a copy of the report to the Legislatures ofUie several States, and that it be earnestly recommended to those! States who havc'claims to the western country, to pass such laws and give their delegates in Congress such powers as may effectually remove the only obstacle to a final ratification of the Articles of Confederation; and that the Legislature of Maryland be earnestly requested to authorize their delegates in Congress to subscribe tho said Articles." Following up this policy, Congress proceeded on the 10th October, 17S0, to pass a resolution pledging the United States to the several States as to the manner in which any lands that might be ceded by them should be disposed of, the material parts of which aro as follows, viz: "Resolved, That the unappropriated lands which may be ceded or relinquished to the U. States, by any particular State pursuant to tho recommendations of Congress of the Gth day of September last, shall be disposed of for the common benefit of the United States, and be settled and formed into distinct republican States, which shall become members of the Federal Union, and have tho same rights of sovereignty, and independence ns tho other States," ecc. "That the said lands shall be granted or settled afsuch limes and under such regulations as shall hereafter be agreed on by tho United State in Congress assembled, or nine or more of them." In February, 1781, the Legislature of Maryland passed an act authorizing their delegates in Congress to sign the Articles of Confederation. The following are extracts from the preamble and body of the act, viz: "Whereas it hath been said that the common enemy is encouraged by this State not exceeding to the Confederation to hope that the union of the sister States may be dissolved, and therefore prosecutes tho war in expectation of an event so disgraceful to America; and our friends and illustriousally are impressed with an idea that the common cause would be promoted by our formarl'.y accceding to tho Confederation," csc. The act of which this is tho preauible,"7authorizes the delegates of that State to sign the Articles, and proceeds to declare, "that, by accecding to the said confederation, this State doth not relinquish, nor intend to relinqnish, any right or interest she hath, with the other Untted or Confederated States to the back country," &c. &c. On the 1st of March, 1781, the Delegates cf Maryland signed the Article of Confederation, and the Federal Union under the compact was complete. The conflicting claims to the western lands, however, were not disposed cf, and continued great trouble lo Congress. Repeated and urgent calls were made by Congress upon the States claiming them, to make liberal cession to the United States, and it was not until long after tho present Constitution was formed, that the grants were completed. Tho deed of cession from New York was executed on the 1st of March, 1781, the day tho Articles of confederation were ratified, and it was accepted by Congress on tho 29th October 1782. One of the conditions of tho cession, thus tendered and accepted, was, that the lands ceded to the United States "shall be and enure for the use and benefit of such of the United States as shall become members of the federal alliance of the saidStatcs, and forno other use or purpose whatsoever" The V irfirinia deed of cession was executed and thn 1st dav of March, 17S1. One of the conditions of this cession is as follows, viz. "That all the lands within the territory so ceded to the United States, and not reserved for or appropriated lo any of the before mentioned purposes, or disposed of in boundaries to the officers and soldiers of the American army, shall bcconsidcred as a common fund for the useandbenrft of such of the U, IS. as have become or ?hall become members of I

the confederation or federal alliance of the aid State, Virginia inclusive according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fed disposed of for that purpose and for no other use or purpose whatsoever. Within the year 1785, 17SG, and 17S7, Massachusettes, Connecticut and South Carolina, ceded their claims upon similar conditions. The federal Government went into operation under the existing constitution on the 1th of March, 1781). The following is the only provision of that constitution which has a direct bearing on tho subject of the public lands, viz: "Tho Congress shall have power to dispose of, and make all needful rules and regulations respecting the territory or thcr property belonging to the United States, and nothing in this constitution shall be so constructed as prejudice any claims of the United States, or of any particular State." Thus the Constitution left all the compacts before made in full force, and the rights of all parties remained tho same under the new Government us the y were under tho confederation. The deed of cession of North Carolina was executed in December 1780, and accepted by an act of Congress approved April 2, 1790. Tho third condition of this cession was in the following words, viz: "That all the lands intended to bo ceded by virtue of this act to the United States of America, and not appropriated as before mentioned, shall be considered as a common fund for the use and bene

fit of the United States of America, North Caroli na inclusive, according to their respective and usual proportions of the general charge and expenditure, and shall be faithfully disposed of for that purpose, and for no other use or purpose what ever 1 The cession of Georgia was completed on the 10th June, 1S02, and in its leading condition is precisely like that of Virginia and North Carolina. This grant completed the titlo of the United States to all those lands generally called public lands, lying within the original limits of the Confederacy. Those which have been acquired by the purchase of Louisiana and Florida, having been paid for out of the common treasure of ihe United States are, as much the property of the General Government, to be disposed of for the common benefit as those ceded by the several States. By the facts here collected from the early history of our Republic, it appears that the subject of the Public Lands, entered into the elements of its institutions. It wns only upon the condition that those lands should bo considered as common ;noperty,to be disposed of for the benefit of the United States, that some of the States agreed to come into a "perpetual union." The States, claiming those lands accecded to these views, and transferred their claims to the United States upon certain specific conditions, and on those conditions the granls were accepted. These - solemn compacts, invited by Congress in a resolution declaring tho purposes to which the proceeds of these lands should be applied, originating before the Constitution, &. forming the basis on which it was made, bound the United States to a particular course of policy in relation to them, hv ties as strong as can he invented to secure tho faith of nations. As early as May, 17S5, Congress in execution of these compacts, passed llio Ordinance, providing for the sales of lands in tho Western Territory, and directing the proceeds to be paid into the Treasury of tho United States. With the same object other Ordinances were adopted prior to the organization of the present government. In further execution of these compacts, tho Congress of the United States under tho present Constitution, as early as the 4th August, 1790, in "an act making provision for the debt of the United States," enacted as follows: viz. "That the proceeds of sales which shall be made of lands in the western territory, now belonging or that may hereafter belong to the United State?, shall be, and are hereby appropriated towards sinking or discharging tho debts for the payment whereof the U. States now are, or by virtue of this act may be holdcn, and shall be applied solely tn that use until the said debt shall bo fully satisfied." To secure to the government of the United States forever, the power to execute these compacts in good faith tho Congress of tho Confederation as early as July 13th, 1787 in an Ordinance for the government of the territory of the United States northwest of tho river Ohio, prescribed to the people inhabiting the western tcrrtiory, certain conditions which were declared to be articles of compact between the original States and the people and States in the said territory" which should "forever remain unalterable, unless by common consent." In one of these articles it is declared that "The Legislatures of those districts or new States shall never interfere with the primary disposal of the soil by the United States in Congress assembled, nor with any regulation Congress may find necessary for securing the title in such soil to the bona fide purchasers." This condition has been enacted for the people ofall the new territories; nnd to put its obligation beyond dispute, each new State, carved out of the public domain, has been required explicitly to recognize it as one of tho conditions of admission into the Union. Some of them have declared through their Conventions in separate acts, that their people "forever disclaim all risht and title to the waste and unappropriated lands lying within this State and that the same shall be and remain at the sole and entire disposition of the United States." With such care have the United States reserved Jo themselves, in all their acts down to this day in legislating for tho Territories and admitting States into the Union the unshackled power to execute in good faith tho compacts of cession made with tho original States. From these facts and proceedings it certainly rcsul

1. That one of tho fundamental principles on which the confederation of the United States was originally based, was that the waste land of tho West within their limits, should be the common property of the United States. 2. That those lands were ceded to tho United States by tho states which claimed them, and the cessions were accepted on the express condition that they should bo disposed for the common benefit of the states, according to their respective proportions in the general charge and expenditure, and for no oilier purpose whutsoeTcr. 3. That in execution of these compacts, tho Congress of the United Sutrg did, under tho confederation, proceed to sell tho lands and put theso avails into the common treasury ; and, under th ) new constitution, did repeatedly pledge them for the payment of the public debt of the United Sutes, by which each state was expected to profit in pro portion to tho geucrul charge to be madu upon it for that object. These arc the first principles of this wholo sub

ject, which, I think cannot be contested br anvonu who examines the oroce d.nvs of the revolutioim v r i . .r.o-.;.. ..." .i. ,. ,i .......... i .. ncts of Congress under the new constitution. Keeping them deeply impressed upon tluj mind. leius proceeu 10 cvumne now xar mo oojcis ci i . i a . v i c i .. the cessions have been completer, anu s?o whet.V er those compacts are not still obligatory upou th United States. The debt for which these lands were pledged by Congress, may Lo considered ns paid, and they are consequently released from that lien. But thai pledge formed no part of the compacts with tho States or of tho conditions upon which the cessions were made. It was a contract betwoen now jMrtiess--hetwecn the U. S. and their creditors. Upon pay. ment of the debts the comp icts remain in full force, nnd the obligation of the United States, to dispose of tho lands for the common benefit, is neither destroyed nor impaired. As they cannot now jja executed in that mode, the only legitimate question which can arise is, in what other way aro these, lands to be hereafter disposed of for the common benefit of the several States "according to their respective and usual proportion in t general caargc ami expcntiuure. m i no cessions oi irginii, North Carolina, and Georgia, in express terms, and all the rest impliedly, not only provide thus specifically the proportion uccording to which each state shall profit by tho proceeds of the land sales, but they proceed to declare, that they shall ho "faithfully and bona fide disposed of for thui purpose and for no other use or purpose 'whatsoever." This is the fundamental law of iho laud at this moment, growing out of the compacts which aro older than tho the Constitution, and formed the corner stone on which the Union itself was erected. In the practice of the Government, the proceeds of public lands have been set apart as a separate fund for the payment of the public debt; but have been and aro now paid into thu Treasury where they constitute a part of the aggregate of revenue upon which tho Government draws an well for its current expenditures as for payment of the public debt. In this manner, they have heielofore and do now lessen tho general charge upon the people of tho several States iu tho exact proportions stipulated in the compacts. These general charges have been composed not only of the public debt and the usual expenditure attending the civil and military administrations of the Government; but the amounts paid tl) Indians for their right of possession, tho amounts piid for the purchase of Louisiana and Florida, and the amounts paid surveyors, receivers, ch rks, &c. cmployed iu preparing nnd selling the western domain. From tho origin of the land system down to Sept. 30, 183?, the amount expended for nil these purposes has been about $10,7 11,JM) and the amount received from the sales deducting payments on account of roads, A:c. about 'lS,ilND,tlvM. The revenue arising from the public lands, therefore, h is not been sudicicnt lo meet the charges on the treasury, which have grown out of them, by about ll,:iM,US( Yet in having beenapplied to lessen those charges, tho conditions of the compacts havo been thus far fulfilled and each State lias profittcd according to its usual proportion in the general ehargo and expenditure. The annual proceeds of landsales lave increased and the charges have diminished, so that at a reduced price those lands would now defray all current charges growing out of them, and their original iutcnt and object, therefore, would be accomplished as fully as it has hitherto been by reducing the price, and hereafter, ns heretofore, bringing the proceeds into the Treasury. Indeed, as iL'g is ? ... - ... 1 . . O rill -r. the only mode tn which the objects of tho or iginal compacts can be attained, it may bo considered fur all practical purposes, tlmt it is one of their requirements. The bill before me begins with an entire cubversion of every one of the compacts by hich the United Slates became possessed of their western domain, and treats the subject as if they never had existence, and as if the United States were the original and unconditional owners of all the public lands. The first section directs "That from and after the 3Ut day of December, 1832, there shall be allow ed and paid to each of the States of Ohio, Indiana, Illinois, Alabama, .Misseuted States, tho sum of twelve and a half per centum upon the net amount of the sales of the public lands which, subsequent to tho day aforesaid, shall be made within the several limits of the said States; which said sum of twelve nnd a half per centum shall be applied to some object or objects of internal improvement or education within the said States under the direction of their several legislatures." This twelve and a half per centum is to be taken out of tho net proceeds of the land sales beforo any apportionment is made; and the same icven State's which are first to receive this proportion, are also to receive their due proportion of the residue, accordrng to the ratio of general distribution.

n, .Mississippi, ana JiOUisiana, over anu nooo wnmj io me ueneni or mope to whom they properly beeach of the said States is entitled to by the terms of longed. The principle nnd the object wns, to retire compacts entered into between them respective- j turn to tho people on unavoidable surplus of ree.

IV noon their admission into tne i nion anu ino i ni- nue w hirh in 'rl.t h.ivn ho.n

rov, waving all considerations of equity or poilcv in regard to this provision, what more need bj t-ii'd to demonstrate it objectionable character, than tliat it is in direct and undisguised violation of tho ph;d:u given by Congress to tho States before n, siieto cession was made; that it abrogates the condition upon which some of tho State came into tho Finon; and that it sets at nought the terms of tho cession spread upon tho face of every grant under which tlm title to that portion of the public hud is hold bythj Federal Government. In the apportionment of tho remaining, seveneighths of the proceeds, this bill, in a manner omul.

ly undisguised, viobtes tho conditions uixwi which tho I nited States acquired titl to tho ceded lamb. Abandoning altogether tho ratio of distribution nocording to tho general ehirgj nnd expenditure, pro. vided by the compacts, it adept that of th federal representative population, Virginia, and otvr States, which ceded their lands upon tho express condition, that they should receive n benefit from their sales, in proportion to their pnrt of tho irejieral charge, aro by tho bill allowed only a portion, of i?even-eij;litfis ot their proceed, and tint not in the jP-rtion of general charge and expenditure, but "., ""uciai le.rezune po;.uu. Hon. Tho Constitution of th Tinted 5?nM did not delegate to Congress the power to abrogiU the,? compacts. On the contruv, hv deehin-Mhat uuth- : " v ju jt thnlU,e construed a yn iudur tt Iclann of the United Stuff, or ftmj particular j it virtually provides that' these compacts and the rights they secure , rhall remiin untouched I In. I ai!.iotiiik ...... ... ... i :., l . i ... 1 1 i . "ntedful r ult and rtgnLitioiu' tor carrying them into eJfeet. All beyond this would eeiu to be an assumption of undelegated power. These uncifnt compacts are invaluable monuments of an njo of virtue, patriotism, nnd disinterested IHVS, Thov exhibit the price that great States, w hich had won liberty, were willing to pay for that Union, without which they plainly fv it could nut bo preserved. It was not for Territory or State power, that our revolutionary fathers took up arms; it was for individual liberty, nr.d the right of wlf government. The expulsion of the British armies and Hritit-li power, was to them a barren coiupictt, if, through the collisions of the redeemed State, tho individinl rights for which thov fought, should beeomo tne. i'j inv iiiiiiauir 'UH' i nail ;i r;un nil J prey of petty military tyrannies, established ii home. To avert euon consequences, and throw around liberty the shield of union. States whof o rehtive strength at tho time, give them a preponderating power, magnanimously sacrificed domain?, which would have made them the rivals of empire.--, only stipulating that they should be disposed of Jor tho common benefit of themselves and the other confederated Elates. This enlightened policy produced union, and has secured liberty. It has'rnado our waste lands to swarm w ith a bu.-y people, and added many powerful Nutos to our confederation. As well for tho fruits which these nolle works of our ancettors havo produced, as for the devotedmvs iu which they originated, wo eheuld hedtatc beforo we dcmolitdi them. But there are other principles aborted in tho bill which would hae impelled me to withhold my signature, had I not een in it u violation ot tho compacts by which the lT. States acquired title to a large portion of the public binds. It re-nt-fcrta the principles contained in tho bill authorizing a subscription to the stock of the .Maysville, Wue-h-ington, Paris, snd Lexington Turnpike Uoad Company, from which 1 was compiled to withhold my consent for reasons contained iu i:iy message efthu Jiith May, lS'.O, to the Hou.-e of i(epre::entativos. Tho leading principle then asserted was, that Congress posietfcs r:o ceiittitulional power to appropriate any part of the moneys of the Tinted States for objects of a local ehuracter, within tho Stute. TLat principle, 1 cannot be mistaken in supposing, has received the unequivocal sanction of the American people, and all subsequent rejection has but satisfied me more thoroughly, that the interes of our people, nnd the purity of our Goeruiuont, if not its existence, depend on its observance. The public lauds are tho common property of iho United States, and iho moneys arising from their sales, are a part of tho public revenue. This bill proposes to raise from and appropriate a portion of this public revenue to certain States, presiding cxprefsly that it shall 'ie apjdxd tdjtttt if Interval Improiemtntu r t duration within (host S7u.' and then proceeds to appropriate the balance to all the Slates, w ith tho declaration, that it shall le applied "lo tuch purjvn $ a$ the hgidaturt if the mid ris-ptctivc Stales shall dun proptr," The former appropriation isexpresidy lor internal improvements or education, without qualification us to the kind of improvements, and therefore iu express violation of the principb) maintained in my objections to thu turnpike road bill, above referred to. The latter appropriation is more broad, and gives the money to be upplied to any local purpose whatever. It will not be denied that under the provisions of thu till, u portion of the money might have been applied to making tho very road to which tho billoflSiil had reference, und must of course come within tho scope of tho same priuciple. If the money of tho Fnited States cannot be applied to local purpo.-et', through its own agtntt as little can it be permitted to be thusexpeuded through the agency if the ut' governments. It has been supposed that with all the reductions in our revenue which could be speedily elleeted by Congress without injury to the subidanlial inte rests of the country, there might be tor some years to come a surplus of moneys in tho Treasury, and that there was, in principle, no objection to returning them to the people by whom' they were paid. As the literal accomplishment of such i;n object ij obviously impracticable, it wns thought admi.-fil le, as the nearest approximation to it, to hand them over to the state governments, the more immediate representatives of tho people, to be by them applied naidbvth tcm which could net nt once bo abandoned; but even this resource, which nt one time seemed to be ulmott the only alternative to save the general government from 'grasping unlimited power t'er internal improvements, was suggested with doubts of its constitutionality. liut this bill nfsumcs a new principle. Its object is riot to return to the people an unavoidable surplus of revenue paid in by them, but to create ' surplus for distribution among the.statcn. It seizes the entire proceeds of one source of rvono and set them apart as a surplus, making it necessary to raise tlic money for supporting Ihe govrnmcnt aud meeting the general charges, from vibe;

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