Public Leger, Volume 4, Number 42, Richmond, Wayne County, 2 April 1828 — Page 1

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"ID I TTO iTM "TnHt-;

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fVoH-'ME

IV. No. 42.

"FRIENDLY TO THE BEST Pursuits of man.

FRIENDLY TO THOUGHT, TO FREEDOM, AND TO PEACE." Cowper.

RICHMOND, WAYNE COUNTY, INDIANA, WEDNESDAY, APRILS, f 323

Whole Nuzider, 198. j

and ri'BLisiiED every SATURDAY iv j instead of sliimit j; tule m theFcdei FRlVT MUEL P. WALLING. (Wrnmcnt, might in his opinion safe

frnHtrcc:,opposilc the Kicknionti Hotel

0)0 ,!om,u a,iJ fii'tj cent?, fur oZ numbers, paid

;'Urr-,it''inl!ycar; or ,.' , j.,:i,r an! fit'tj-ceul after tt.fjcar expire.

' .,. rci ,:, iv ;irr;ara;t'a arm nouiy n uciiwill "niUrcit a cuageiucut, wl

:.ltv'tic!ci thc ,.ul?ilier. .W-U'ittts Ul!.c IMitor must bo p.ut paid.

ADVr.r.THtMCN'T?,

at

he relied on to sustain a different position. It Slirclv Was the intnntinn nf lh .Ka

ceding, niid of Congress receiving the cessions, . that the territory they c eded : should be farmed into Mates, which should be received into the Union as free, sover ijn, and independent states, on an equal footing with the original Mates in all respects whatever- and that they should thus ! he received into tin Union, was most cer

tainly the intention of the frumcrs of the

t ,. "'. , , , tniruv me intention of the Irumcrs of the Z on" "dolI.ir-e.-ich Mibsequ.n. in.ert.on, I CU I 1 . elau,,sh nd 6UStani u' ' - , , art. Larger adv rtisi lutnts in the i; f he political equality of the States, the (.t: r ort-t;. I constitution had extended favors to the ni'JlL'Cr !' sma.cr states. It had put political power ; in some instances into the hands of the

..V-, i ;. i. ii: !o t ikn o "i!!.ril tion, ii'.ieljv s rail states, to balance the numbers of the ! J t':-o,:;-:t : t Wm. yvnchr store, Milton; J ir(re states. The equal.it of represcntau Vn s.i ' Ner:-rt; t fviv$ mill, in Union j. . :. .1 c . "1 r

M ii. I.Mr.aV t.ivirn, in i-incrty ; r at Jon - . ' .. .1 til.. 11 ..!.. . 1. . r r . 1.

m wduiu i.ihc a unci umiittoi muse tt."-

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i 1 ti , IJf.l r ilT'lU llif. j " I'UIU IJIICI IHHUU Ul ICV . r- - .... j gio')r, these compacts and thi pledpe; atd . -!s '': ra.rirks rf Mr. Hendricks, j, S l!(J r. lrillg mon. famijiar with my j. '.- J.'i"-i Larifis ! mvn country th anthat of any other, 1 shall - i i?h:Jithatie .take my facts and illuatic'ris fi.'m that T;.t TOIMeS a Craduatioiiof prices ! Ji.trirtV.f n.mlri rf.i, rt r.t.i In Vir.

U;,! TojMes a irraouauonoi prices di-trict of country chi tlv ceded by Vir-

,v . i -, n j j . 1 1 v 1 v. (w 1 .mn 10 ine renerai eoveri-rncni. 1 nai

Teir

;i!or.! and provides, tliat 1 .,firtinn of cotintrv iait of which is farmed

! i::d shall r.-.ve been for many I-the States of Ohio. Indiana and Illinois.

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clen ot 1 he confederaiiun, were aito submitted to the same congress. An amend-, orient was moved in behalf of Tiaryland, "that the United States, in Congre?s as scmbled, shall have power to appoint com misriouers, wJio shall be fully authorized and empowered, to ascertain and restrict the boundaries of such of the confederated states which claim to extend to the Fdiseis sippi river, or south Sea.iJ This was also TiPfat'ived. The objections of Rhode Inland, to the

, sam.' artu It s of the confederation, were 1

also considered by the fame Congress. It was proposed by that State, to add, "that all thr lands within these States, the property of which, before the present wr was vc?ed in the rown of Gn at Britain, or out of which revenues fn m quit rents arise, payable to the said crown, shall be deemed takes ajd considered as the prop-

jerty of thejr Un ited State?, and be diepo ; S"d of, and npnronhacd b Concres. for

t Vu benefit of the whole confederacy.

j This proposition was also negativt d by a j vote of Stale 9 to 1. So far, then, in 3 j instances, the full and entire disapproba- . ... c

tion of LvOt gress, to me aumjition 01 power, over the unappropriated lands

wit:in the limits ot the states. JV-r, in

propose, timt the i ..fhor Stairs than Virginia

:!i !iali -Tplv tO the ; Tl, i.Ji.lh mi lirJ. ,f thn rnnUpnlinn

t.:cii y-:.:i: ! t!at t!ie ! ai ds in the declared, that no state sh'.u'd be depri--Mi; i'.rtf.wi'h be ceded to the v uri itorv for the ben. fit of the Uni : s:t,c; '.i:itnthc lie. O.e condition 1 f i: lcd States." This was the origin of the

. i'K i is inat t f . e z v s 'nail I Jt 1 int.) market at a lower -.v. : . 'i1 -Ita'i lie v- tab:iled by Con-

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: 1 1 1

Toe cession from Virginia wa author-

- 11 . i"i 1 t 1 c r ' ,

i7.ii iv ?ir! n! e.er ii'n anve noav in 1 cj 1 over me r

1 . . .1 - - - 11

a 1 iru-i t e.-Mi.ii value in the ..,.,,rl .c f.

1 ;r. . .

It.. !

ormaliv franfen rd lv l.er dele-

to provide that the i f,-,i :n tlio C.f.urrt of ih rtoif'. dralion

. . (,-" ....... w . . . . . . ..... ......

!.:.::- ii the bfates who will alwa , bv deed, hearing date 1st day of Mili,

. r.v rr ' j u;iI1is of t'ic people than ; .,. ntern bun hed n 1 1 1 1

m:i Mio-.v. w ?io v;i alw;:. s l e roor'

Tin

and tiubty four.

Tiiese transactions were anterior to the

f"U adatioti of the constitution f the IJoi-

L' : - I to put tlieit land? inlo the hai-di

j: i '.vir.! -jitMMiH poor, on terms more fa j1!,.,! States, and cannot be und-rh)od '.lib- u W.nd

narl?of our history. i; reference to Public

;Lads. In these three ances, o' ! j;re?s positively treled to assume the j power of interfering with the right of soil. t i't the sovereign and independent S'ate?. Congress set-med to say of that propositioi ' ihat, beio: ahead v clothed with the sword j and the purse of the Nation, if the power over tin." r i ae added, tlu re would be i nothing In .1 ;v shadow of a name left to

i the State-. S Many causes, however, operated in pro1 ducieg these vohn tar) cess ons on the ' cait cfthe Stats. Those states in which

tiiero t.ere but little u: .appropriate'

e fa j1 t,Nl States and cannot be und- rh?od v. lib- ;t h:ndi, f.r.d or. whom the pressure ot lh t, and Tout recurring to the circufn.tances under j! war debt wav at that tin:e heavy, allured ki vw. j ,.j,irh thev 'oak .dare. These citcur.v by ih? . xpoctation that there were public

"ill '".cr unow tfian ue can

t Live pre-emption riht and dona jiS!anrcs seime :" them imperious rnd con-

" i'je:, may not undersell atni

rtvj ininrfrei's of millions tliat won'-

1 i.l ;i. -.1 lit (lif- i riif.fi iti fhr frrritnn

; ' c -.d'!:. k is to provide that the " rr.-iy 1 cl hereafter do what the gen " nimcnl would not consent should -'h-.?ijj reference to llu; price. 'm t!ur condition is, that the Indian t!.e lands within the limits of tin: ?i. I? be ctir 't'iIu d herf after, at ir a.M- of thoe iatcs Tliis provi- - :is n oi.ary, becau-e by ttie conr. t!io treaty mal:i:: power is vts- ' "' t' e President ar d Sei ate, and u' t; v(? to be erntdord in our w go-

ttitb 'he Indian'. Anv details a

?MrY c, ;i,d ofTices &"C. would ti. Th,i Vlf.,ff,c 11 null! ftHl,Ii(.h

I tro-U-riL' in their character, and these only.

I land.- fufli'

u

Mil to ay the debt were pres

the idea of cession. Some of the

- - -. - - - j 1 n m cau g:ve u i!te reasons of the actors of State: had not yetjoncd the confederacy, . 1 1 1 . t ... ii . i. j ! f - ' T . f . .1 ...

lliai da v, ami unn i(J tie ir view anoui me , uisjan-ncu v. n,i icimhii i ui o hkhuii public domain. It has been a matter of tion, and i: order to quiet the discordant much complaint on the paitof fcv ral eler.Tj:d5 of the day it was necessary to hit

: states, that in the articles of the c.ouu dera l! upe some measure likch to produce that

; i iv i i a. i

I 1 1 v-

tion. r.o disposition was niade of the crowi

I ind. This will be feund, peihaps, as folly sl forth, in the objections of New ! Jeisey to the confederatiun, as any where ele. The objections of New Jersey to the articles of the confederation, rejecting the j public lands, wcrt to be found in the first 'I volume Unite d States lav. page 21, and j in tin following words: I "The ninth article provides that no

j state shall be deprived offtrriter) for the

X ' l-i.d eflices, and regulate the I heneiit cd th Uidted States. It nas ever

- - - " IIVIH til - r - - - m. w .

' tnev might Hunk proper, ana in I Confide t expectation cl this state, 1 i t a, the system, with the prtrt- j- the benefit derived from a success2r. ating attached, would remain j! fu contest were to be general and propor'.P f t. !; tionate, and that li t property of the cum

in theory, formed o: sove- ; mon cnCrny, falling, in consequent- or a

I; prosperous issue 01 ine w ar, w oum uciuo

i to the United btates and be appropriaieo i 1 ... . 1

i aif.ri

r arjfj independent States. In ! ' f '!'prmvmbvrs of this confederacy, the :-r:l govemm'T.t fets up no claim to

r vacf and unappropriated binds has f " ' l-'- r.furoQ tin r.i-Aimoc -lri vr.hle from

I ' M II V J -

c f'f land?. In the new States, this

effort. Concress accordingly, by act of

1780 1 ecommended lo the several States j having wi!o lands, to make liberal cessions of then: to the Union, to pay tbe debt of I the revolution. 'J'bi measure promised I to have the desired efl ct. Nor was the sit

uation of the States holding these lands, calculated to dissuade them from such ceions. Virginia had been exposed to tjroat xpetiditures and sacrifices in the prosecution of her Indian wars, and in gar risoning of posts on the territory in ques tion, and to her who had experience on that subject, there was little prospect that her finances, all thines considered, wer

1 c I in a short time to be much benefitted by ) her public lands. The validity of her title ! too, owing to the unexpected extent of her i c rant-from the Biitish crown, its clash-

i ing with that of Connecticut, no doubt

I W7

. 1 . IV i.rfnr.. areatlv H stronvU induced her to the proposed CCS

' HI UV - j i' o -r I disappointed, in finding no provisionmade l! sion. The grant of Connecticut running hit the confederation for empowering the jj indefinitely west, and that of Virginia in-

Cori"ress to dispose ol such propeny, oui ,i oennueiy norm, uom him- tr.i w c.

lienieo H WOUIO nVC llirowu llieui upon uiv rn.-i ' . - .. ir.

"wrnmpnt U tho erand lord of the foil, ii especially the vacant and unpatten .i-bed land otfiees. and collects j hnds, rommonly called the crown lai

"-iijir.e hii rS CO la o(is, 1 n"" o IOI ur irj "i iuc vjivhsvb ... 'in.:inrn'Morir,r rri:iL;.w. I.imcelf acnuain- 1 fnr such other nunlic and celieral purpo-

- T M "! 4 mi w 9 - - ' II V - ------ j -

lauds

and

( a r,.,r svsfern. would pronounce il. ;8Pa. Keaso 1 a l. 'c,'ry br autif.il. With nothing would j the property w - mor,i delii'MM than with the repub- j of Great Bhilai Cri:' f'iVl ihtv of the. hit what revolution, oui?

'il l ,f. 1 . . . , . .1 . iji 7 ...cc i.. t mt. fnr the use nnd benefit of

p . " I'll"! I '-IIVM !' , -- - " " . ..v..,,.... 'I U..-A f. . . I . ' . ..... . . r'l II U

donates t'.osoil itself beloimcu i" ji the United Mates. oaii umv 'ft fr.. - . 1 1 i L . . .... I.

Inch existed in the crown

lin previous to the present .. ..

eht now to belong to von

'-v. rnrnor.t of toi- enfoderaey, while

are shut out by situation from availing .

themselves of the least advantage from

! this quarter, be left to sink under an c?i

irmouc del;t, wfiilsi oincrs arc ciiuimvu,

iri'"r:,,,"i State, the oil belonged to s., ,,u-o5 he. V. .aid he not in'V 'O'.n'lir.v ivli-nrr il vt:.fr f)f tll'lS

' enrv oqu;d in theory, when they a snrt period, to replace nil their experi M'tj., fif(? yyUv ;;re thoy nof jjjj;,,, foni (he hard earning of the whr: k' or. ; .....1:1.. . ,1 : 9 it . r i

ronieuerai.y 1 . . . -T T II. A I

The propontionot iew jersey w.io u..

''d in n-iilitv -.c fl.i.v art in unme?

--lVft)-mvi -------

tt T5 r to t!,j; ;ici inrpiirv would he

C . - ft

fi.,,,1 r'?.inmt the proriosition ?iow ne

'na!(- If, tvmil tl.on lipnr. as

Pf.'.!',VP ft,'n 'ard, cflllC CC5ilVi5, the

4 1 ,b"ro:in rv. I f la.

Jr a;raret!int tlioso won? u-ral-

..if 1... L,t. l .nda. all the waste and un

appropriated lands, in all the trates,shou!d belong to Cr nKress, as a source of reveni. 1 . ii .....ri.ti nf the war. I5ut

j 10 ineei 111c - - ---- ibis propositior so to amend the article of 1 he confederacv, was rej el-d by the " ft . . i . . a

ICoi.arcfkof I77n.lu which n was some.,

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r7 . , t!io authority of this gov1 ''bolJ tbo lii,-lc ir. ll.A Cl..l.

U '?ritins taken in connexion with IjtffS 3 f tntes m out of 10 voting for if. "hoHs ef cm lditory of that da v. f' T!ie Obisi47lioh$ Cif Maryland to tho aril ii i J '

territorv from the western limits of Pi nn

s)lvai i a. along the shores of the great northern lakes to the banks of the Mississippi. They would have held disputed titles, and of all things collision among the Sf.dts were at that time, to he most carefully f voided. Nor does the valiie set upon these lands, at that day seem to have borne

i; any comparison with the value according

to modern estimates. In examining the whole history of these cessions, frcm the articles of the confederation, to the formation of the constitution we find nothing to incline us to the opinion, that either Virginia or ti e U. States expected this vast expanse of Territory, to remain in the hand of the Union, in the same condition it was in the hands of Vir ginia, at ths time of cession. That the condition in uhich these lands were placed by the cesscn, was not intended by either party to he a permanent one, is most cer tain from the cession itself, in whih it is stipulated, that new states shall he formed of this U rritory. Out, sir, a is sid that that wc may not

cede the lands to the States, because congress are bound to appropriate their proceeds to the payment of the pabhc debt. The pledge us it is call -d, is immediately referred to. This pledge is to be o'i:d nowhere else, than in the act of cessio?- of Virginia, and he r deed of transfer io the Union. If this be a pledge it is made by Virginia herself, and it is a guaranty that Congress will so appropriate the proceeds of the public lands. It is not ns is generally understood, a pledge made to Virginia, by Congress. Put consider it in that light, and associate it with other parts of that instrument, from which it cannot be separated, and you cannot fairly understand it to have reference at all to the .period, after the political condition of the Territory shall have been totally changed; after it shall h ve been foimed inlo sovc-

j reign, free, and independent states I Much stress appears to be placr d on the

language ol the pledge or condition referred to. It is there said, tb.it tUc lands so reded, "shall be coi sid .red a common

! fund, for the use and benefit of such of tbe i United States, as have become, or shali ! become, member? oftho confr-dr racy, cr I federal alliance cfthe Stales Virginia in-

1 elusive" according to -heir usual i-S- citive piupor'ions. in the geneial chiiro

expenditure, and shall be faithfully a d bona fide, disposed of for that purpose, a id no other use or purpose vrt.atov r."

(There is not, in this pledge any stipula

tion, that the new st.h s, when admitl'd into the Union, shali never interfere with the primary disposal of the toil. The object of the contracting parties, said Mr. H. is here plainly expressed. That object was, that all the States should become aud remain members of th- confederacy ; and as a strong inducement tor so doing, ii irns stipulated, that ti e proceeds of the ceded lands should h appropriated in favor only of tliope states that had subscribed the articles cf confederation. The quotas of cuch tt-tes Z ?erc

j not members of lite confederacy, thosld j be required of them, unaided by the projcepcs of the territorial lands. Nor is this j view of the subject weakened by the fact, ! that most of the thirteen states had previjous to these cession, joined the confedertacy; for the policy of the cessions had been determined on in 17S0. New York I had ceded. before Virginia: and it is Wor-

j thy of remark that Maryland subscribed

the articles of confederation, the sam?- day that New York had ceded her unappropriated lands to the Union. This provision hald out to the new states thereafter to be formed, strong inducements to join the confederacy, for refusing to join the confederacy, they would be deprived of their respect-ve proportio. 6 of the proceeds of the territorial lands, while they would be chargeable with their proportions of the public debt. The inducement too, in this case, was much strengthened by the ordinances of 1787 which prohibited them, after they should become settled ,frcri interferir g with tbe primary disposal cf their own soil, until they should have jsii::d the confederation. Tlio special words of the prohibition, not to interfere with the primary disposal of the soil, was understood by some- au cxpresings perpetuity, necessarily co-extensive with time. But this language of perpetuity is familiar to the statute book, and from it nothing can be inferred. It is to be found in almost every act of Congress, from the Confederation to. the present day. To b: continued

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nT$;rIE Subscriber will elT, c rencn?ddo tcra, IS, bis GMSTnr.i SjilV MILL. l)iiig on Nolninl's Forli, 5 cii!;r north-wet cf itirhn oml, Wtiyne county, Indiana. The Mil is ate un u good mill stream, and in an er ?-Pnt nris;hborhool. Tbe Farm isnn exccllvt cr.r, confyinir 195 nctc ufwliirb ICO acres itre under frr; cz. h:? nn it 11 superior joun? orchard, o . -Z'.vu Lriclx iKrcl'.ine, nml other Luihlingt. '. v I W.U Cz Fcrin will be sold tc-etber, or sfpt-fcl, crc part cf the Fam 'will be cold rritn th M IK rticiuaDv c.iF.csr.Lri. Jnnuarv 22, IC28. ZZi(

iTp;IIK Suhcribcr hat, nt his fare:, nrr.r RichvJ mnn.l, la. n varioty cf Cadtivatc.1 itrd nnlurRl FIWIT TREES, now ready for trctnrplnt1.--, which he will dispose of ns follows: cultivated rvet 9ix end a fourth cents per tree, and natural tr.rje cents prr tree. Produce of cost kind, tUt'j c t a.

tf-ir, lir.rn, r-.fsnax, tallow, Czc. rill. h t;i!:;r i

pay cent.

ay C3 const, ; cb, 4, KiX

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