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Session Laws, 1840
Volume 592, Page 387   View pdf image
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1841.

RESOLUTIONS.


the primary object of their conveyance, was the extinction
of the war debt. We may be permitted, however, to quote
the opinions of certain men, deriving importance and faith
in the proportions of the confidence reposed in their judg-
ment and integrity. Mr. Benton, in 1826, introduced a bill in
relation to this subject: "first to sell off the best land, for
prices adapted to their value; and secondly, contemplating
a plan for the gratuitous donation of the remainder. " In
ascertaining the history of the public territory, he traces it
to three sources — "cessions from particular States, and
purchases from France and Spain. " The cessions from
the States were made, he states, for the declared object of
paying off the debt of the revolution; and then to erect
"sovereign States; " — Both these objects, inconsistent with
His Excellency's ideas of an unqualified surrender of them
as a source of general revenue. Mr. Benton further pro-
ceeds: In both cases the federal government was nothing
but a trustee, and bound by compacts and treaties, to dis-
pose of the lands according to the terms of the trust, in-
cluding the purchases from France and Spain, within the
same category with the cessions from the several States.
Proceeding with him, we arrive at this statement, that "the
first acts of the Congress of the Confederation, with re-
spect to these lands, were faithfully directed to the object
for which they were intended. The ordinance of '85, fixed
their price, &c. and divided the certificates of the public
debt into thirteen portions, according to the quotas of the
States. " An authority tending more conclusively to show
the primary object of the cessions from the State, is relied
upon by Mr. Benton, in an extract from the message of
him "first in war, first in peace, and first in the hearts of
his countrymen, " of 1791. A provision for the sale of the
vacant lands in the United States, is particularly urged,
among other reasons, by the important consideration, that
they are pledged, as a fund, for reimbursing; the public
debt. Speaking further of the cessions, Mr. Benton ob-
serves, that the lands were "to be disposed of for the com-
mon benefit of all the States, and not reserved for the use of
the federal government. " The opinions and authorities
here quoted, conclusively establish the views entertained
and subsequently expressed by the committee, as to the na-
ture of the power of Congress over this fund, and the dis-
tinctive character of the fund itself.
The idea expressed by His Excellency, that these lands
were a common fund "for paying the debts and defraying
the expenses of the general government, " is liable to ano-



 
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Session Laws, 1840
Volume 592, Page 387   View pdf image
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