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war, proceeds to the cession "of jurisdiction as well as soil,
for the only use and benefit of such of the States, as are or
shall become parties to the confederation, to be granted,
disposed of and appropriated, in such manner only, as the
Congress of the said united or confederated States, shall
order and direct. "
The next in order is the cession of Virginia: and by the
terms of that cession, after certain conditions, the lands so
ceded "shall be deemed a common fund, for the use and
benefit of such of the United States as have become or
shall become members of the confederation or federal al-
liance of the said States, the State of Virginia inclusive,
according to their usual respective proportions in the gen-
eral charge and expenditure, and shall be faithfully and
bona fide disposed of lor that purpose, and for no other
purpose or use whatsoever. "
Massachusetts, in April, 1785, "transfers, quits claims,
cedes and conveys to the United States, for their benefit,
Massachusetts inclusive, all right, title and estate of and
in, as well the soil as the jurisdiction. "
Connecticut, by deed of September 14, 1786, cedes her
claims in similar terms.
These cessions were all prior to the formation of the
constitution of the Union.
South Carolina also, on the 9th of August, 1787, cedes
in terms similar to those of Connecticut and Massachusetts.
Georgia, by deed of April 24th, 1802, after certain re-
servations and conditions, proceeds to say, that "the grants
recognized by the preceding; conditions, be considered as
a common fund, for the use and benefit of the United
States, Georgia included, and shall be faithfully disposed
of for that purpose, and for no other use or purpose what-
ever. "
What power did Congress derive from these cessions or
the treaty with Great Britain? We answer, the power of
a trustee, bound to the especial observance of the condi-
tions of the trust. At this period, there was no such po-
litical confederation as the General Government. The
articles of confederation were the compact of States; the
Congress, or assemblage of State representatives, were the
agents to carry out certain specific authorities and powers,
granted mutually by the States to each other. In the trea-
ty of 1783, Great Britain treats, not with the Congress or
confederation, but with the States, as such, distinctively
naming them: and to the States, eo nomine, cedes all the
territory. The terms of the cessions show that the States
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