Western Sun & General Advertiser, Volume 24, Number 49, Vincennes, Knox County, 28 December 1833 — Page 1

5&

BLXHU STOUT.)

MCltc SStcotcrn Sun

.... . . -4 n . r" . interest oi uoiu panics, uiai muuu is sunitrd. A failure to notify a wish to discontinue at the expiration of the time subscribed ior will be considered a new engagement; and no subscriber at liberty to discontinue, until all arrearages are paid. Subscribers must pay the postage on their pa pers wln-n sent by mail. Letters by mail to the IMitor on business must be paid, or thev will not be attended to. I'nonrc r. will be received at the earn market price, for subscriptions, if delivered within the year. Anvr.ttTrnsinNTa not exceeding one square, will be inserte.t three uinx ior j .... . .. one dollar, and twenty five rents tor each i after insertion longer ones in the same proportion. (-Persons sending advertisements, must specify the number of times they wi-h them inserted, or they will be continued until ordered out, and must fce paid for accordingly. John M ir;b .. Washington, lnd. dob: i V .a'.rees, do do. Jonri Art) imtiot, I'rinaeton, lnd. Ju!i a 1. Needy, do. TV; Oisse.', . ' mt Pleasant, lnd. r.'-.i tr, O vi Prairie, lnd. 1,. .- : i-oor, HI ' aitield, lnd. V,.n -M i- or, Sandcrsv wb lnd. P.i-'-M isier. Oao.isviMc, lad. IV MiNri Sliokar lV Mills, lnd. Jo Y.Wiiloru, M int crnon, inu. i Price, Cv a is iile, Intl. L VV. IXwi-, Carlisle, lnd. v)aj;, M-Tom, lnd. -.lus;er, P -t man's CrccU, lnd. J .h i t ll. iL'v, Lawrenccville, III. l;s: -:1 i-ter, Paiesiiue, III. P. -.Master, !oouvide, lnd. V s .l ister, .vckp.rt, lnd. Li i - (ox, p. m. v-ll-rmony, lnd. sivNATK. Thursday, Djc. r, Ti p following Me-sage was received fr-ai tlv- President of the United States, (thro Mr. Donelson, his private secretary.) returning, with his objections, the bill which origin ued in the Senate at its last s .'ssion, appropriating for a limited limn pro e h's of the sales of the public lands, and f r other purposes." 7' the wife of the United States: i'w r v4 nf th; list session of Con- . V - - - - - jriv-s received from that body a bill cu-titi-.'.i Anacl to appropriate fr a limited time the proceeds of th sules of the public lanJs of the United States and for granting la ids t certain States.1 The bnct (uri-ui then rem lining betore the rii,:r ot Congress, and the extreme pres sor' of '.tt'r.'ial duties, unavoidable on n.'ii occasions, did not leave me sufficient i time f-r 'hat fail consideration of th subjcH wlii h was due to its great impor tance. Subsequent consideration and retb ti n have, however, confirmed the objenious to the bill which presented themselves to mv mind upon its first perusal, and have s? tistv: 1 me that it ought not to beeotue a law. 1 felt myself, therefore, constrained to withhold from it my approval, and now reiuro it to the Senate, in which it origie.aied. widi the reasons on whi-'hmv tu.wnt is founded. I am fillv sen-itde of the importance, as it respects both the harmony and union j .-C 1, . t .rj .U 1111 1-1 t i ir n 3inrt :w fir. I ctnn-auces will allow of it, a proper and rin d dispe-ilion of the whole subject of ih. r iblic la:iv!s: and anv measure tor that otuect. providing iing for thtf reimbursement to the United States of those expen ses with which thev are justly chargeable, tlut m av be consistent with my views Vl the constitution, sound policy, and the ".rht of 'he respective states, will rcadir Th; i;m iv iuuh j., j however, u ui,u tuvitm nrr.mgcmeiit it c- n'empJates is not permat ... i ;lt, t'Ut IK.U.CU 0 lle "0) ... t.'ruN annears to anticipate alterm nli -ns v.UMU uiai uua, .o uow , f C -:ress; and it furmsaes no ad pate ntv against those eontj.uocj ti c a"ii.itio!.s the su: ject which it should ! be ike principal object ot a the u;-pvMU-m of the pub anv measure t u imic lands to a v;rt. cv.Mib.er he mcri of the bill under ob-"Or.-l . i UU '.J, l'A - I UK "U'.m i v. i e -r I- nuii.li i i.i .: i ..a. I -.v leave to 1 1 it to be my duty . . it . -i.to fn h' .ir t-ff T v" iTe, can ee cone Jj'-iitcd without a full understanding

IvS published at- .mi cems, ior .- uThatlllc United States in congress numbers; which may bo discharged bv j aJ!emlc, shall have tho sole nr, iJ exclude payment of at the tune of aubscn-! pivc rij;hl and pou-cr l0 asccrtain ad fix king. ! the western boundary of such states as l'armcnt in advance being the mutual i j j Q ,hc Mississippi or South sea, and

of the manner in whi'-di the puuhe taiuis, ;sarv it is to establish the federal union on' into operation under theexi-ting constittipoom v. Ineli it is intended to operate, were i ;l c, kt,( anj permanent basis and on nrin'-ilion en the dth of March, 170. The

aeuuii-cd, and the conditions u pon winch iMov are now held Pv tne l.mtcd :ates. 1 v iil, th'Tefore, picccde the state. n -nt i.f iho-e objections by a 1 net but distinct t.'p i.iii in of tuce piunts. Th.- waste lands v.itb.in the United States e ei-titut'Vi one of the eai ty v. cb. -to the organization 1 1 any governnt f.r the pr ctt n ;f their oniaMii . .- I i ( I nla r. 1"77. while e- liml r "res weie friitrup U:o articlvs ef c;i:d

vmcEasrsjEis, ofu Saturday, dscembbb, 28, 1833.

I cration, a proposition wns made to amend ! tliiMn ti ilif fi!fmvinr ptaert vi " " - lav 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 on Iv voting for it; and so difficult did the subject appear, that the patriots of th:t body agreed to waive it in t! 3 articles, of confederation, and leave it for fatureVfettlemcnt. On the submission of the articles to the several state legislatures for ratification, the most formidable objection was lound to be in this subject of the waste lands. iarvinI1(i Rhode Island, and New Jersey. i!lstrilclC(i llic;r Delegates in Congress to move amendments to them, providing that the waste or crown lands should be considered the common property of the United States; but they were rejected. All the slates, 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. Oa tlu sde ground that no declaration to that etloct was contained in theartielcs, Maryland withheld her assent, jfnd in Ma . 177U, embodied her obj ectioiS ia the f nn of instructions to her delegates, which were entered upon the journals oi congress. The following extracts $re from that document, viz: "Is it possible that those states who are ambitiously grasping at territories, to which in our judgment they have not the least shadow of exclusive right, w ill use wi'h 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 countrv unsettled at the commencement of this war, claimed by the British crown, and ceded to it by the treaty of Paris, if wrested from the com mon enemy bv the blood and treasure of the thirteen states, should be considered dered j par-! as a common property, subject to it . i . be ceieu out ny congress laio nee, convenient and independent governments, in such manner and at such times as the wisdom of that assembly shall hereafter direct fcc. &.C. Virginia proceeded to open a laud office for the sale of her western lands, w hich produced such excitement as to induce congress m October 1770, to 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 the same during the continuance of the present war.' In March, 17t0, tho legislature of Xew York passed an act tendering a cession to i the United States of the claims of that state to the western territory, preceded by a preamble to the following etiect, viz. "Whereas nothing under divine providence can more effectually contribute to the tranquility and safety of the United States of America than a federal alliance on such liberal principles as will give satisfaction to its respective members; and wiiereas, the articles of confederation and perpetual union recommended oy the honorable congress of the United States of America have not proved acceptable to all the states, it having been conceived that a I portion of the waste and uncultivated ter ritory within the limits or chums of certain states, ougtit to be appropriated as a common fund for the expenses of the war; and the people of ihc 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 tho federal alliance, by removing, as far as it depends upon them, the beforementioiied impediments to its li- . nal accomplishment, vVc This act of Xew York, the instructions of Maryland, and a remonstrance of Virginia, were referred to a committee of j congress, who reported a preamble and ; resolutions tiicreon, which were adopted lheG,h September, 17; so much of which as is necessary to elucidate the subiect it to the following effect, viz 'Tiiat it appears advisable to press upon those states which can remove the embarrassments respecting the western coun trv, u liberal surrender of a portion of their territorial claims, since thev cannot j;e preserved entire without endangering 1 .i . . i : i : . . . . i" l. I t ... i . to reaiind tliem how itidispeirably ticcc cipics les acceptable to all its respective members : how essential to public credit j ;uuj c ,,nfidence, to the support of our "arj nn lo ;jiC vigor of our cojneils and sueecs of uur measures, to ur tr.iuquilitv at h"iue, o ur reputation abroad, to uur ver eii-iencc as a tree soveieigu and inuepen uooi j-cop,e; mat iney are niuy i . it peisuaii e l tne Ws lotn oi tt:e several h N I iirrc 1 wiii Ic.ul ilu in to a full and impartial con - tid.rv.;e:i (.1 a suect to li.tcic tin

the United States and so necesarv to the I

nvv i MduuMiaou, mercnerni uni-; ..l , a t f 1 I TT ' wii, iii.il uiu am v wuiiuufu in nice ex-; ...w .v.r....l,.lv. v,. "-ua. wiw, .uiu that it be earnestly recommended to those states who have claims to the western country, to pass such laws and give their legates in congress such powers as ma .,(V..:..nlt.. . ........... 1 1. . 1 t - I . TMO inaici lhrrnc fit Hint 1 , 1 t rviou tuiuomy oosiaeie ,o a i filial ratification of the articles of corded oration; and that the legislature of .Maryland be earnestly requested to authorize their delegates in congress to subscribe the said articles.' Following up this policy, congress proceeded, on the 10th October, 17M, 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 are as follows, viz: "AY talced. That the unappropriated lands whb h may be ceded or relinquished to the United States, by any particular state pursuant to the recommendation f congress of the 0h 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, wmcli snail oecome members of the federal Union, and h tve the same rights of sovereignty, freedom, and independence as the other stales.' occ. "Tint the said lands shall !c granted or settled at such limes and uirder such regulations as shall hereafter be agreed on by. the United States in ('engross assembled, or uiuo or more of them.1 In Febr, arv, 1781, the Legislature of Man iatul passed an act authorizi'tf 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 tho common enemy emy is encouraged by this state g to the confederation to hope not acccdin that the union of the sister states maybe dissolved, and therefore prosecutes the war in expectation of an evenf so disgraceful to America; and our friends and illustrious elly are impressed with an idea that the common cause would be promoted bv

liaumuusi.v.uLMnv vi me KCToremen- unuer tnc new government as thev were thpirJi-K- :i.-..,M f ft ......

tioncd actof the legislature of Xew York, under the confederation. I erty Vf tV UniI c" submitted to their consideration. &c. The deed of cession of North Caroli-! . That thoe landswxre ceded to tho "hczolrcdi I hat copies of the several na was executed in December, H, and United StaUs by the states which claimpapers, reterrcd to the committee, be accepted by an act of congress approved ' ed them, and the cessions accented transmitted, with a cony of the report, to Anril 17(.K). The third condition nf on (.v,,r, .i..." .i' I

our formally acceding to the coufedcra- ties as strong as can uc iuventcd to secure j impliedly, not only provido thus s;ccilion," &C. the faith of nations. fically the proportion according to which

The act of which this is the preamble, authorizes the delegates of that state' to sign the articles and proceeds to declare, "that, by acceding to the said confederation, this state doth not. redtnguish, nor intend to relinquis.li, any right or interest she hath, with the other united wr confederated states teethe back cmntr , vccc On the 1st" of March, 171, the dele gates of Marvland signed the articles of i confederation, and the federal Union under that compact was complete. The conflicting claims to the western lands, however, were not disposed of, and continued to give great trouble to congress. Repeated and urgent calls were made by congress upon the states claiming them, to make liberal cessions to the United Sutes, and it was not until long after the present j constitution was formed, that tho grants were completed. The deed of cession from New York was executed nn the 1st of March, 1781, the day the articles of confederation were ratified, and it was accepted by congress on the riftfli October, 1782. On cf the conditions of this cession, thus tendered and accepted, was, that the lauds ceded to the United States "shall be and enure far the use and benefit of such of the United States as shall become members of the federal alliance of Vie said states, and for no other use or purpose irhatsocvcr."' The Virginia deed of cession was executed and accepted on the 1st day of March, ITS 1. One of the conditions of this cession is as follows, viz: "That all the lands within th? tefritorv so ceded to the United States, and not reserved tor or appropriated to any of the before mentioned purposes, or disposed of in bounties to the officers and soldiers of the American army, shall be considered as a common fund for the use ami bene fit of such of the United States as hare become or shall b&comc me:nben of the confederation or federal alliance of the said states, Virginia incluivc, according to their usual respective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose and for no other use or purpose whatsoever. Within the years 1787, 1780, and 17h7, 1 Massachusetts, Connecticut and South ; t ' i : , I U. ..1 . .. ... ...,.!.. ; conditions. The federal government went j following is the only provision ot tuat cou ; stifution w hich has a direct beaiingon the subject of the public lands, viz: "The congress shall hive power todis 1 pose of and make all needful rules and ; regulations respecting the territory or - ! other property belongiag to the United - Mates, .an I notaing iu thi3 coustiiutioii I t 1 i 1 . 1 w : ill hi s.i riVN rn.M to preju I, i -e anv of t!;t I r j i ted iates, or ot anv te , partieu.ar ttate

constitution left all the com.if pacts i.ciorc made in full force, and the ngms oi an parties remained the same mis tcssiuii was in uic loiiowmg vsoras, ; viz: j ' That all the lands intended to be ce-j ded by virtue of this act to the United i States of America, and not appropriated j . . '. - .1 ! ' . -1 , is nctore mentioned, xkall be considered as- a common Jund for the use and beneJU oJtnc Ijitttcd States of America, Aorth j Carolina 'uiela.dce. according to their rtv?-! pecticc and usual proportions cf the gen j ral charge and expenditure, and shall be ! faithfully di.pwd of for that pvipoae. and for no other use or purpose irliatercr-" j The cession of Georgia w as complo-! ted on the lG.h June, 1802, and in its; lulinj; condition, is precisely like that of j Virginia and North Carolina. This grant j

Thus the

: . ' w - - i ' ' v 'tiuAU.:i h.i l 1 1 1 1 : v

completed the title of the United Slates to; contested bv any one who examines the all those lands, generally called public j proceedings of the revolutionary Congress, lands, lying within the original limits of j the cessions of the several States ir iri the confederacy. Those w hieh have been j Acts of Conyrcss under the new Co.istitnacquired by the purchase of Louisiana tion. Keeping them deeply impressed and Florida, having been paid tor out of j upon the mind, let us proceed to e mno he common treasure of the United States,; how far the objects of the cessions have

are as much the property of the general j government, to be disposed offer the com-i mon benefit, as those ceded by the several states. i uit: mcis iiLTc Louoeicu ironi uiu uar- ( ly history of our republic, it appears that! the .subject of the public lands entered into the elements of its institutions. It was only upon the condition that tho?e lands should be considered as common property, ! to be disposed of for the benefit of the United States, that some of the states a-1 greed to come into a "perpetual union. i no states claiming those lauds. accede to those views, and transferred theirclaiins ( to the United States upon certain specific j conditions, and on those conditions the j grants wro accepted. These solemn j compacts, invited bv co stress in a resolu-j tion declaring the purposes to which the proceeds of these lands should be appliod, j originating before the constitution, andi j forming the basis on which it was made, j bound the United States to a particular i course of pohev m ivbition -to them, bv

As early as May, 1 8., congress, in ex-; each State shall profit by the proceeds cC cculion of these compacts, passed an or-: the landsales, but thev proceed to declare, dinancc, providing for the sales of land ! that they shall be "faithfully and bona: in the western territory, and directing the' fide disposed of for that purpose, and for proceeds to be paid into the treasury wfj v other inc or purpose whatsoever.' This the United States. With the same object f is the fundamental law of the land at thia ether ordinances were adopted prior tu the moment, growing out of compacts vthicli organization of the present govemu. nt. j are older than the Constitution, and formed In further execution of these compacts,; the corner stone on which the Union itself the congress of the United States under was erected. the present constitution, as early as the In the practice cf the Government, tho ith August, 17J50, in "an at nuking pro- i proceeds of tho public lands have n A been vision for the debt of the United Suites,! set apart ? a i-cparntc fund tor the payenacted as follows: viz. rucr.t of public; debt; but have been and aro "That the proceeds ef sales which shall) now paid into the Treasury, where thejr be made of lands in the westera territory. ! constitute a part of the a"-rre 'ate of revennow belonging or that may hereafter be-' tie up,,u which the Government draws as long to tho United States, shall ht, and; well for its current expenditures is fjr

are hereby appropriated towards sinking ; payment of the public debt. In this manor discharging the debts for the payments J ner, they have heretofore and i now ieswhereof the U. States now are, or by vir- j sen the fpeneral chargo upon the people ot tuc of this act may be holdcn, and shall j the several States in the exact proportiorj.3 be applied solely to that use until the j stipulated in the compacts, sid debt shall be fully satisfied."7 These general charges have been cornTo secure to the government ef the! posed net only of the public debt and tho United States, forever, the pow er to cxe-l usual expenditures attending the civil and cute these compact 5 in good faith, the con-1 military administrations of the Govcrn-

gress of the confederacy us early as July loth, 1787, in an ordinance for tho goveminent of the territory of the United States northwest of the river Ohio, pre - (scribed to the people inhabiting the wes-

tm territory certain conditions w hich ; the am mnts paid surveyors, registers, rcwerc declared to be "articles ef compact I ceivers, clerks, &,e. employed in preparing between the orignal states and the people; tor market and soiling the western domain, and states in the said tcrritorv"' which ' From the origin cf the land system down should "forever remain unalterable, un-! to Sept. 30, LSJ"J, the amount expended for less by common consent In oue of j all these purposes has been about .$19,these articles it is declared that j 7 HI, 20 and the amount received from "Tho legislatures of thisc districts or; the sales, deducting payment on account new states shall never interfere with the! of roads, &.c. about ,il0 1. The primary disposal of the soil by the United i revenue arising from the public lands. States in congress assembled, nor with : therefore, lus not Lc?n sufficient to meet any regulation congress tnav find necs- the general charges on the Treasury which sary for securing the title in such soil to; have grown :t of them, by about .$11.the bona fde purchasers. j .1 1. 1 .". "tet, in having Ween applied t Tbis condition has been e.xavd from j lessen those charges, the conditions of thethe people of all the new territories; and , compacts have been thus far fulfilled, anJ to put its obligation beyond dispute, each ! each, State has profitted according to it new state, carved out of the public do-! usual proportion in the general charge and main, has been required explicitly to re expenditure. The annual proceeds of lan! cognize it as one of the conditions of ad- j sales have iaorca-w I and the charges hivw mission into the Union. So.uvj of them ! diminished, ro ti;.it at a reduced prico have doclarcd through their conventions; those lands would now defray all current in separate acts, that their people "forever j charges growing out of them, and save iu

'disclaim all right an 1 title to the waste

and unaprojrialed lands lying within ! a'coae.t. Taeir ngiml intent and object, this state and that the same -hall ho and i thtrefure. would be accomplished as fully remain at the sole and entire dif.iositijn ' as it has hitherto been, bv reducing thi of the United States. pri e, and hereattor, as heretofore, bn:ix With such care b.ave t!ie United States j ing the pro:eed into the Treasury, lorescrved to themselves, in all their acts deed, as this is the only mode ia which down to this day in legislating for the! the objects of the original compact can territories and admitting slates mtj tho be attained, it may bo considered tor all Union tho unsh ickird power to execute practical purposes, that it is one ol their

! in ,Tood faith the contacts of cession i made with the original states. From i thee facts and proceedings it plainly and ! certainly reu.:s; 1. That one of the fundamental rrir.:i

VOL. E70

pics on winch the confederation of thn United State;? was originally basd, was United States was originally based, was that the waste lan l of the west within !e aisposeil ot iorthe common benefit of ,he ctat03 according to "their respective proportions in the general charge and cxpenditure, and tW no other purpose what soever. X. 'Jliat tn execution of these solemn compacts, the C mgrcss of the United States did, under the confederation, proceed to sell these lands and put the avails into the common Treasury ; and, under the now constitution, did repeatedly pledge them for the payment of the public debt of tho United Slates, bv which each State wa3 expected to profit in proportion to tho general charge to Le made upon it fjr that object. These arc the first principles of thi3 w hole subject, which, I think, cannot bo been completed, and sec whether those con-pacts are not still obligatory upon tho United States. The debt for which these lands were pieuuu o onress, may ne considered aa p3id,and they arc consequently released from that lien But that pledge formed no part of the compacts with the States or of the conditions upon which tho cessions were made. If was a contract between now parties between the United States and their creditors. Upon payment of tho debts the compacts remain in full force, and the obligation of the United States, to dispose of the lands fr the common benefit, is neither destroyed nor impaired. A they cannot now be executed in that mode. the only legitimate question which can arise is, in what other way are these land to be hereafter disposed of for the cominDu benefit of the several States "according la their respective and usual jrrooortion in the ; o, ,u ral charge and cjrjtcnditure.'' Tho j cessions of Virginia, Xurth Carolina, and 1 (ieorgia, in express terms, and all the rest meat; but cf the amounts paid to the States with which these compacts were formed, j th amounts paid the Indiar.3 fir their j right of possession, the amounts paid for the purchase of Louisiana and Flond.i, and j Treairy from turther advances on their requirements. Hie bill before me !ieg-..i with an cn- ; tire s ibver?ion of every one ot lUi c jiii ! pact by win -ii the Loited Mates becan.f - i -;t:eivcd cf their western domain, ai