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1459

H. OF R.]

GALES & SEATON'S REGISTER

Georgia and Florida Boundary Line.

[DEC. 29, 1831.

Its the articles of confederation did not contain any express wards west and northwest, to the Pacific Ocean. westerly course was along the present boundary line of recognition of the principle that the lands ceded by the North Carolina, and it ran from a line somewhere in Ma- several States were to form a fund in which all the other ryland, he believed, or in Delaware bay, a northwesterly States, though possessing no unsettled lands, were equally As Virginia advanced course, striking the ocean above Behring's straits, so as to to share. New Jersey had remonstrated, and Rhode Island include those islands of the West which are contained complained, on the same account. This charter was a claim to the whole of the Western region, Maryland conwithin Mr. Poletica's narrow seas. relied on by at least some of the gentlemen of that com- tinued her refusal even for two years after the federal monwealth. It was no matter whether the charter was or constitution had been submitted to the different States for Here Mr. R. was not afterwards revoked and annulled by the King in ratification. But when New York surrendered her wild council, or whether it was considered as revoked by sub-lands, Maryland did come into the Union. sequent grants to Carolina and Maryland, including the further quoted the journal to show the opinion of Congress three lower counties on the Delaware. The claim advanc-as to the importance and necessity of the cession of these ed by the State of New York was founded on possession lands, and also the objects to which the proceeds of them and settlement by the Dutch, on a right acknowledged by were to be applied when ceded. He adverted to the claim the Crown of Great Britain, on the reduction of the coun-of Virginia to be reimbursed her expenses incurred in try to that Crown, on its recapture by the Dutch, and taking the Western posts; and contrasted this claim on the subsequent cession to Great Britain by, as he believed, part of Virginia with the conduct of New York, when the treaty of Breda. The territory was held as a royal Major Willet had marched through the wilderness to the colony, extending all the way to the French settlements, reduction of Oswego. He stated the cession by New He quoted the reto the north and west, for a century before the revolu-York, in 1781, and referred to the terms on which the tion. It had, indeed, no defined limits, but was held as a cession was accepted by Congress. colony originally settled and held by the Dutch anterior port made by a committee of the 1st May, 1782, respecting even to the most ancient grants to Virginia. The claim the cessions offered by New York, Virginia, and Connecrested on the recognition of these lands by the British ticut, and the petitions of the Indiana, Vandalia, Illinois, Crown, as belonging to the colony of New York, which and Wabash companies. And he argued, from the terms of this report, that the claim of New York to all the lands recognition had been confirmed by repeated treaties.

Part of

Anterior to the French war terminated by the peace of occupied by the Six Nations and their tributaries, was 1763, the Western country belonging to New York had acknowledged as valid, on which ground claims of the been held by agents of the British Crown; the whole land companies were rejected. He then particularly adregion occupied by the Six Nations as tributaries, being verted to the reasons why the cession of lands offered to considered as appertaining to, and depending on, the colo-be made by Virginia, had at first been rejected by Conny of New York. Before the French war, these lands gress, inasmuch as the land was included within the claims had been in the possession of France--the Indians inhabit-of Massachusetts, Connecticut, and New York. They were ing them receiving their subsidies from French agents; claimed under an annulled charter of James I. but when, by the treaty of 1763, the whole of Canada them lay to the west of the Virginia boundary; part of was confirmed to Great Britain, that region was placed them had been sold before the declaration of indepenunder the control of the agents of the colony of New dence, and part had been separated in 1763 by the King York, and became part and parcel of the dominions of of Great Britain, with the knowledge and assent of Virginia that colony; the Indians indeed holding the land, but the to form a distinct colony. Besides which, the conditions Crown of Great Britain enjoying the pre-emptive right of on which she proposed to cede were declared to be incompurchase. Sir William Johnson, who was one of the patible with the honor and prosperity of the United States. King's council, had the charge and superintendence of He further quoted the journals to show the uneasiness Indian affairs from 1763 to his death, when it fell to his which prevailed, and the terms on which the difference son, Sir John Johnson, who exercised power and influ- had been finally adjusted, and the cession by Virginia acence over the Six Nations as far west as to the Mississippi. cepted. Mr. K. then left this part of the subject, insisting The claim of New York, however, to these lands, be- that, however the lands had been acquired, they now ing only an incidental matter, and not material to the formed a national domain, which, according to the terms question, Mr. R. said he should pass it over, in order to of the grant under which it was held, could not be ap He then quoted the terms of the take a view of the grants made by the different States to propriated to such objects as were proposed in the resothe General Government, and the purposes for which the lution and amendment. lands were granted, as almost uniformly expressed in the grant by Virginia, and adverted to the first act of the grant, viz. to be a common fund to belong to the United Congress under the new constitution, in funding the naStates at large for express and special purposes, viz, the tional debt, and pledging the national domain for its redempFrom that time this public territory had been, in continuance of the war, and the payment of the national tion. fact, the basis of the national credit, the imports being then debt. The right of the Union to this domain was asserted as comparatively small in amount, and not being looked to early as the year 1776, when it was resolved that eighty-as the chief reliance of the national credit. eight regiments of troops should be raised, and that bounties in land should be granted to the officers and soldiers, either by voluntary cession, or by purchase of the land from the joint fund of all the States. But, in 1779, notwithstanding the call of Congress, urging the States to cede their vacant territory and the beforementioned promise of bounty land, it was found that Virginia had commenced selling her vacant western territory; in consequence of which, Congress passed a recommendation to Virginia to forbear making such grants during the war. Here Mr. R. quoted the journal of Congress in support GEORGIA AND FLORIDA BOUNDARY LINE. of this position, and also to show the repeated calls made He then adverted to the by Congress upon the States. A message was received from the President, and preinstructions given by the General Assembly of Maryland, expressing her refusal to join the confederacy, because sented by the SPEAKER to the House, with a communi

At this point of the debate the hour allotted for the consideration of resolutions expired.

Mr. WHITTLESEY moved to suspend the rule in order to have the debate continued.

Mr. DODDRIDGE observed that, in consequence of the course of remark pursued by the gentleman from New York, it would be incumbent on some member from Vir ginia to reply. But the motion failed, less than two-thirds of the members present voting in the affirmative.

[Two-thirds are required to suspend any standing rule of order.]

DEC. 29, 1831.]

Virginia Land Claims.-South Carolina Claims.

[H. OF R.

cation from the Secretary of State, on the subject of the Mr. DODDRIGDE said that he was not, at present, boundary line between the State of Georgia and the Ter- prepared to say any thing either in favor of or against the ritory of Florida. bill. He was anxious for further information respecting it, and therefore should move its postponement till next Monday two weeks.

The message and communication resulted from a resolution for inquiry, introduced by Mr. WHITE, of Florida, calling for copies of a correspondence with the Governor of Georgia, and other papers on the subject, and were accompanied by several documents illustrative of the particulars of the question.

Mr. WICKLIFFE said the system of which he complained of issuing scrip, would, in the mean time, be continued, to the great injury of the public domain.

Mr. DODDRIDGE said the appropriation was exhausted, and no further injury could arise.

Mr. WHITE, of Florida, said he had deemed it his duty to introduce the resolution which had produced the com- Mr. WICKLIFFE asked if he understood the gentlemunication just read, from the President. It related to a man from Virginia to say that there were no further claims subject of deep interest to the Territory of Florida, as it on the military reserve between the Miami and the Scioto. involved a contested question of the title and jurisdiction Mr. DODDRIDGE said yes; there were no claims to be over one million and a half of acres of land. The United satisfied on the land throughout the whole State of Ohio. States were, of course, interested in an investigation of Mr. WICKLIFFE said that did not remove the injury that title, which is claimed by the State of Georgia on the he apprehended. The commissioner of the land office one hand, and the charter of the colony, and by the Unit- might issue scrip for the whole amount of two hundred ed States, under the stipulations of the treaty of 1795 and ten thousand acres, authorized by the bill, and for the between Spain and the United States. The Territory of whole of which the Government would be responsible. Florida was concerned in the decision of the right, and The appropriation only restrained the locations. still more in the jurisdiction which will be brought in con- The question was taken on the motion for postponeflict very soon, if this question is not put to rest. There ment, and carried in the affirmative-yeas 77, nays 55. were already, between the two lines, serious apprehensions of the inhabitants whether they are under the control of the State of Georgia, or under that of the United States The House then proceeded to the unfinished business and the Territory of Florida. In a very short period ques- of yesterday, which was the consideration of the bill for tions will arise whether the inhabitants of the disputed the adjustment and settlement of the claims of South territory are to serve on juries, work on roads, and pay Carolina against the United States; and the question betaxes to one or the other Government. The State of ing on concurring with the Committee on Military Affairs Georgia had disposed of the question in a summary way, in the amendment proposed by them, which appropriates by running the line according to the view the authorities seven thousand five hundred dollars to reimburse that of the State entertain of the subject. We claim, and the amount paid by the Legislature of South Carolina for blanUnited States are prepared to maintain it, that this land kets furnished to the militia serving in that State during was ceded by Spain to this Government, and that the line the last war,

SOUTH CAROLINA CLAIMS.

has been run and settled, under the treaty of 1795, and Mr. BLAIR, of South Carolina, expressed his conthat all the land south of that line was acquired, is now viction that when the report of the Military Committee, owned by the United States, and is a component part of relating to this item of allowance, should be read and conthe territory he represented. To understand this ques-sidered, many remarks in support of it would be unnetion properly, it would be necessary to print, for the use cessary.

of the House, with this message, the previous correspond- Mr. B. then entered briefly into a statement of the peence and reports on the subject; and he would submit a culiar circumstances under which this money had been motion to print the message, and documents accompany- appropriated by the State. He adverted to the inability ing the same, as well as those heretofore presented, that of the General Government to afford South Carolina the the House might act upon the subject with a full know-protection to which, by the constitution, she was entitled; ledge of the facts. Mr. W. moved to refer them to the its request that the State would avail herself of her own Committee on the Judiciary; which was agreed to. resources, and the manner in which the Government and Mr. WHITE asked the indulgence of the House to al-citizens had volunteered for that end. He admitted that low him to present a letter he had the honor to receive the allowance of blankets to militia serving less than twelve from Mr. Gallatin, and another from the draughtsman of months was unusual; but insisted on the necessity of the the General Land Office, relating to the report of the case, and the equity of the claim. His State had never commissioners of Spain and the United States. been a troublesome suitor before the House. She had The motion was, by unanimous consent, received, and rarely petitioned at its bar for any thing, and all she now the papers ordered to be printed. demanded was sheer, substantial justice. She had been a large contributor to the national strong box, and he submitted it to gentlemen whether it was liberal, just, or politic to deal with South Carolina as if she were a swindler, and to apply to the equitable demands of a patriotic State the same rigid rule as if they were adjusting claims in a shop.

VIRGINIA LAND CLAIMS.

The House then took up the bill for the adjustment of the claim of certain officers and soldiers of the Virginia continental line and navy, during the revolutionary war. Mr. WICKLIFFE, after calling for the reading of the Mr. McKENNAN, of Pa., said that he had listened with report, expressed a hope that the House would order the attention to the arguments adduced, had read the rebill to be engrossed for a third reading. Scrip had been port with care, and felt an anxious desire, if he could issued from the land office for land warrants wrongly lo- consistently do it, to support the bill; but, after an exacated in the military reserve land in Ohio, from what he mination of the subject, he was constrained to say that conceived to be an erroneous construction of the law of he agreed in sentiment with the gentleman from Virgi1830 on the subject. The land warrants located on lands nia, [Mr. McCoy,] and could not conscientiously vote in of prior occupation should have been relocated on other favor of the item now claimed. He would briefly state lands, and not met by an issue of scrip. He adverted to the reasons of his dissent. It was conceded on all hands the speculations in them when they were selling at the that the State had no claim in law to this allowance; and rate of twenty or thirty dollars the hundred acres; and it was sought to be supported on grounds of justice and stated that scrip had been issued on this wrong construc- equity. What were the facts? The troops in question tion of the law to the amount of seventeeen thousand two had been draughted in the midst of summer; and before hundred and twenty-seven acres. the season arrived when blankets would be necessary,

H. OF R.]

South Carolina Claims.

[DEC. 29, 1832.

enough of their pay had been due to enable them to vances were made to them by their State, the amount was supply themselves with blankets out of their own funds, always deducted from their pay. Should the item be as the law required they should do. In other parts of allowed, the result would be this: that when the militia the Union, when militia had stood in need of blankets, furnished themselves, as they were required to do, their they had sometimes been furnished by the States, but the State would raise no claim; but whenever the militia amount had always been deducted from the soldier's pay. neglected to do so, the State out of humanity would It was said that these militia were poor, that they were supply them, and the United States must pay for all. called out on a sudden emergency, and the exigency of And, further, not a soldier would furnish himself but the circumstances had been such as to induce the Legis- would not have a just claim against the United States to lature of South Carolina, out of humanity and liberality the amount of his blanket; nor could the claim be reto her own citizen soldiers, to make the advance, for sisted. The true rule was this: when the United States which remuneration was now claimed, He admitted were bound to furnish individuals in their service with the fact, and accorded to that State all praise for her any particular article, and the treasury being insufficient, liberality, but there he must stop. Such an expenditure a State volunteered to do it, then the United States must furnished no ground of claim upon the General Govern- refund. But when the individual himself, or the State to ment. Were all the sacrifices and sufferings of our mili- which he belonged, was bound to furnish the article, then tia confined to South Carolina? Her soldiers had served the United States ought not to pay. The principle of in the midst of a rich, fertile, liberal, and humane com- this claim would go yet further. If the General Governmunity, and their sufferings did not amount to a drop in ment were bound to pay for blankets, they were as much the bucket, in comparison with those which had been en- bound to pay for clothing. On this subject Mr. W. quoted dured in other parts of the Union, and especially on the a case which had come before the Committee of Claims, Northwestern frontier. In other parts of the country, where the claim, though not so strong as the present, was when the citizen soldier was in a state of destitution, his strenuously resisted, and the bill allowing it struggled appeal was made to his fellow-citizens, and his wants with difficulty through the House. supplied by the liberality of the public. Mr. McK. here Mr. NUCKOLLS said: I do not rise, Mr. Speaker, to adverted to the exertions which had been made in Pitts- discuss the general merits of the claim now under con burg and its neighborhood, in furnishing the volunteers sideration. I had hoped that when the House had consiwith all they needed, and he insisted that if the present dered the peculiar nature and the circumstances under items should be allowed, all who had made such contri- which the military claim of South Carolina had accrued, butions would be entitled to a remuneration, as much as it would have addressed itself to the justice, patriotism, South Carolina. The amount might be comparatively and honor of this assembly so directly as to preclude all small, but where was the difference in principle? Claims debate. I had particularly desired that no representa of this kind might be advanced by the whole Western tive from Carolina should feel it necessary to urge its country. Other States, Virginia and Pennsylvania, could allowance, when the very fact of its existence reflected present large demands on a similar ground. Should this so much honor on the public spirit of our State. I redoor once be opened, where would be an end of the drain upon the treasury? Could any gentleman say where these demands would terminate? The law had fixed the principle, and he could see no reason why it should be departed from.

lied on the intelligence of this body to estimate its jus tice, and their equity to direct its payment. But, sir, I find I am mistaken. Objections are raised to the particular item inserted in Committee of the Whole, which is now before the House. This section contains an appro Mr. McDUFFIE said he should be sorry indeed that priation of 7,600 dollars for blankets purchased by the South Carolina should establish the precedent of an un- State for the use of her soldiers, when the tents furnished just demand upon the treasury. But he should be equal- by this Government were insufficient for their protection. ly sorry, on the other hand, should his State be deprived Honorable gentlemen have objected to this allowance as of her rights because other States had similar rights. unusual and improper, because, by the regulation of the The true view of the question was this: shall the United United States, blankets are not furnished to troops serv States refund to South Carolina the money she actually ing for less than a year. Others object to it, because, if it advanced for troops in the service of the United States? be allowed in this case, other States may prefer the same He adverted to the circumstances of the late war, and demand, and that dangerous inroads will be made on the asked whether it was becoming, after a State had as- treasury. Sir, I will enter into no argument, in reply to sumed a responsibility not imposed on it by the constitu- these objections. But I feel bound to say that they do tion, and had defended the Union from attacks of the not partake of that spirit which animated Carolina in enemy, that the Government ought to descend to a huck- meeting the exigencies of that day. What was her situa stering calculation as to the items of the account. Ought tion, and how did she meet it? Sir, the enemy's ves the State, after actually expending the money according sels were off our coast, and every indication of an inva to her best judgment, to lose it? sion of our territory, and sacking of our cities. Government furnished none of those munitions for our defence, which it was her constitutional duty to have furnished, and, when applied to for that purpose, responded that she had not the means, and South Carolina must defend herself. She called out her troops, and armed, clothed, and fed them. Sir, there was no quibbling about doing this. No calculations made, whether or no she might be repaid for all this, or whether it squared with the regulations of the United States.

Mr. ELLSWORTH inquired whether it was by a regulation of the War Department, or by statute, that blankets were allowed to militia only when serving for twelve months or more.

Mr. DRAYTON replied that it was by a regulation of the War Department.

Mr. ELLSWORTH then observed that he saw no reason why the claims should not be allowed.

This

Her officers

Mr. WHITTLESEY said that he believed the gentleman was incorrect in supposing that there was any law commanding these troops, seeing that the very lives of which required the United States to furnish the militia her soldiers were endangered for want of covering, did with blankets at all. An act had indeed been passed al-not hesitate to call on the Legislature, and that body, dislowing the President to accept the services of certain regarding the cost, appropriated the amount conta ned in volunteers, and it provided for the furnishing them with this section for the purchase of blankets. blankets, but there was no general law on the subject. circumstances under which these articles were furnished, Militia received compensation for their services, and and such the manner in which this House meets them. were to furnish themselves out of their pay. When ad- Sir, I do not feel it proper that the representatives

Such were the

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of Carolina should higgle with this House for sums thus expended. They flowed from her patriotism-she will not beg them from your justice. With the view, therefore, that the same Committee of the Whole, which inserted this obnoxious section, may erase it, and that the other sections may pass without question, I move the recommitment of the bill to the Committee of the Whole on the state of the Union, with instructions to strike out the fifth section.

Mr. McCOY advocated the recommitment, but thought the bill ought to go to the Committee of Claims.

ment.

[H. OF R.

vernment, and should urge the claim of New York to the
honor of the very liberal cession she had made to the
Union, by touching only on a single point.
It was unnecessary to go further into the subject of the
relation of the Six Nations and their tributaries to the
State of New York, as having been under an agent of the
Crown, who was also a member of the Colonial Assembly
of that State. On occasion of a difficulty with one of
these nations, the Mohawks, Sir William Johnson had
purchased the land extending east from the northeast cor-
ner of the State of Pennsylvania, and up the Unadilla to
Fort Stanwix, and engaged those Indians to emigrate to
the western lands of the State of New York, and also to
the head waters of Grand river which runs into Lake Erie,
and the river Thames, which flows into Lake St. Clair;
thus keeping up the possession, by that State, of lands
which now constitute a part of Upper Canada.

Mr. BURGES regretted the gentleman from South
Carolina [Mr. NUCKOLLS] should have had his feelings
hurt by the discussion; it was a mere question of money,
not of chivalry or honor. Mr. B. wished that the United
States might pay every farthing of debt due to every
State and every individual for the expenses of the late
war, into which it had driven the country with an empty It had always been acknowledged by the Crown of
treasury, and wholly unprepared.
Great Britain that the boundaries of that colony extended
He was proceeding in these remarks, when he was re-as far north as to the latitude 45°. The same thing was
minded by the Chair that the question was simply one of acknowledged in the grant to Virginia, and the grants to
recommitment.
South Virginia and North Virginia. The same thing was
Mr. DRAYTON insisted that the Military Committee in all the treaties: The boundary line, after leaving the
was the appropriate committee to take charge of the bill. highlands upon the St. Croix river, extended, west, along
Mr. BLAIR, of South Carolina, opposed the recommit- the 45th degree of north latitude. That extent was al-
ways claimed by New York, and the claim was constantly
Mr. WAYNE, of Georgia, strenuously resisted the pro- acknowledged by the Crown as conforming to the terms
posal to send the bill to the Committee of Claims, the of the original charter. But it was found that, after ex-
chairman of which committee [Mr. WHITTLESEY] had tending about 200 miles west from the shore of the Atlan-
just expressed his opinion as being adverse to the claim tic, the line trenched upon the possessions of the French,
in question, and the House well knew the difficulty of running into lands which had been held and settled by
getting any claim allowed against the opinion of the chair- subjects of that Crown--nothing, of course, could attach
man of any of the standing committees of the House to from the grant, where this was the case; for the land had
which it was referred.
been in French possession ever since Father Hennepin
Mr. NUCKOLLS rose, and said: I will not, Mr. Speak- had planted the crop upon the Western shores. Recur-
er, enter further into the debate; my object is to with-ring, then, to the cession made by New York to the United
draw the motion for recommitment. I do this very re- States, he stated that that cession included all the lands
luctantly, but some of my colleagues, and various gen- west and north of a line running from the most western
tlemen from different parts of the House, suggest the extremity of Lake Ontario, extending north and south from
propriety, and I consent. I am thoroughly convinced the Pennsylvania line to the 45th parallel of latitude, with
of the justice of this item, and that every principle of a proviso that if the westernmost extremity of the lake
construction in such cases, resulting from the relation of should not be found to lie twenty miles west of the most
the State and confederacy to each other, demands its
payment. But when I reflect on the reason why, and
the manner in which this clause of our claim originated,
and connect it with the spirit in which it is met by this
House, I declare for myself, as a citizen and representa-
tive of Carolina, I would not receive the remuneration at
your hands.

Whereupon, the House adjourned.

FRIDAY, DECEMBER 30.

PUBLIC LANDS.

The debate on the resolution offered by Mr. BLAIR, and proposed to be amended by Mr. DUNCAN, in relation to the disposition to be given to the public lands, was resumed; and

westerly bend of Niagara river, then the line should run as far west as that. But it proving, on examination, that the lake did extend farther west, the line in the deed of cession was fixed upon, and actually surveyed and run by authority of the United States, as the line of demarcation separating the territory of New York from that of the United States. At the same time, a cession was made to Pennsylvania of a little strip of land lying west of that line, and extending to Lake Erie. The point to which this whole statement referred, was, that the treaty of peace, by which our territory was acquired, was in fact based upon the cession made by the State of New York to the General Government. That act was passed by the Legislature of New York, on the 19th of February, 1780, soon after the adoption of the articles of confederation. It was read in Congress on the 7th of March following; and Messrs. Mr. ROOT, of New York, continued and concluded Duane, Floyd, and McDougal executed the cession on his remarks on the resolution and amendment, in substance the 7th of March, 1781. In March, 1782, a report on the as follows: subject was made by a committee, of which the late disMr. R. commenced by apologizing to the House for a tinguished Mr. Boudinot, of New Jersey, was chairman. departure from the strict rules of order in which he had The report was adopted by Congress on the 29th of Ocbeen indulged by the forbearance of the Chair, in pur-tober, 1792, when the cession was finally and unconditionsuing a course of remarks not directly applying to the sub-ally accepted. All these facts were known to the comject before the House, and observed that he should not missioners; but the other States, though frequently called have gone into such a course but for the remark of the on, did not make their cessions until after the peace. The honorable gentleman from Illinois, that the lands to which final cession by Virginia having taken place on the 1st of the resolution referred had been granted to the United March, 1784, and that by Massachusetts on the 17th of States by the State of Virginia, thereby hoping to make April, 1785, and both followed exactly the same boundary a more successful appeal to the generous feelings of the lines as had been designated in the act of cession by New House. He would now proceed to remark briefly on the York, four years before. The lands of Connecticut were cessions of land by the several States to the General Go- ceded on the 14th of September, 1786. These being the

H. OF R.]

Public Lands.

[DEC. 30, 183

Sha

cessions which, as Congress declared, covered all the applied. What, said Mr. R., trustees assuming to dire Western country, the treaty giving that country to the their principal how to apply the surplus fund in the United States was insisted on by Mr. R. as having been hands, when their trust has been accomplished! based on the cession by the State of New York. But the Congress of the United States undertake to dictate he did not go entirely on that foundation. It was well the sovereign independent States, as to the manner known that one of the British commissioners for nego- which they shall manage their own funds? Nay, the r tiating the treaty of peace had insisted that the Ohio river solution went to make the States mere agents and servan should constitute our Western boundary, and in that ar- of Congress, to expend their money in the way whic rangement one of the American commissioners was be- Congress should direct. Congress was to assume sov lieved to have been willing to acquiesce. reign control over their constituents!

It had

several States should be regulated by a valuation of their lands and improvements. But that rule had soon been abandoned as impracticable, and the law was amended in 1783, in such a manner that the contributions of each State were to be in proportion to the whole number of her white population, with three-fifths of all others within her limits. Let the distribution be made according to these federal numbers, and each State have the management of its own proportion. That which fell to the share of New York would, he doubted not, be applied by her to her school fund; but whether it were or not, he certainly should never assume to dictate to that sovereign State in what manner she should spend her dividend.

But there were other possessions lying beyond the Ohio, Mr. R. said that, for himself, he had too great respec which authorized the venerable Franklin to urge, and to for the sovereignty and independence of each member o urge successfully, that the Mississippi river should be the this confederacy, insolently to dictate to them how the boundary. Those possessions on the Ohio were held under should manage their own affairs. He thought it more be grants made by the British Crown to Virginia and Penn- coming to leave the States to manage their own affairs i sylvania. This fact was strongly insisted on in reply to their own way, unembarrassed by too much of congres the British commissioners; and reference being had to the sional legislation. Let the proceeds of the lands which war which broke out in 1756, those commissioners were remained, go into the public chest, or let them be applie compelled to yield the point, that the claim to those lands in the manner directed by Virginia, in the words of he could not be considered a French claim, for the French grant, viz. in proportion to the contribution which each having built Fort Du Quesne, Great Britain had authorized State would have had to make, had a direct call beer Pennsylvania and Virginia to repel that act as an aggres made on the States for the expenses of the war. sion, and thus the war between France and England had at first been proposed that the direct contributions by the taken place on this side of the Atlantic two years earlier than in Europe. Great Britain having claimed that land, fought for it, and taken it, as belonging to the colony, named the spot after her great statesman, Pitt. Thus the British commissioners were compelled to yield to the strong argument of Franklin, and Pittsburg, in consequence, was not lost to Pennsylvania. It had been said that the British commissioners proposed the latitude of 45 degrees north as our northern boundary. But this was not agreed to by the commissioners on the part of the United States, who thought it would be better to take a natural boundary, consisting of the great lakes, and the connecting streams which passed between them. That that entire country had belonged to the State of New York, Mr. R. insisted was evident from the fact that the British commissioners had admitted the latitude of 45 north, and thence west to the territory occupied by the Six Nations and their tributaries, pertained to the colonies. Here Mr. R. dropped the subject of the New York claims, Mr. TAYLOR, of New York, suggested to the gentle and said he would now speak for a few moments on the man from South Carolina the propriety of withdrawing question really before the House. The amendment offer- his amendment, to make way for a motion that the whole ed by the honorable gentleman from Illinois proposed an subject be referred to a Committee of the Whole on the inquiry into the expediency of applying one-third of the state of the Union, and thus prevent the morning business public lands to internal improvements within the respect from being interrupted for perhaps weeks to come. ive States where those lands lay; one-third for the con- Mr. MITCHELL assented, when Mr. TAYLOR, after struction of roads and canals leading from the lakes and a few prefatory remarks on the injurious effect of having great navigable streams of the West, to the cities and a debate protracted from morning to morning within the towns on our Atlantic seaboard; and the remaining third hour allotted for resolutions, and an appeal to the recollec to the purposes of education. To the last item there were tion of members who had witnessed debates of that kind, insuperable objections, even should the others be regard- made a motion that the resolution and amendment be ed with favor. How did Congress hold these lands, but referred to a Committee of the Whole on the state of the as trustees for the States which had granted them? The Union. States had granted these lands to the Government, as a

Mr. MITCHELL, of South Carolina, now proposed to amend the amendment of Mr. DUNCAN, by striking there from all after the words "Resolved, that," and inserting, in lieu thereof, a proposal to sell the lands to the States with. in whose limits they lie.

Mr. MERCER proposed a modification of this motion, trustee, for specific purposes, set forth in the deed of which he feared would lead to an interminable debate. trust, to wit, to carry on the war to its termination, and to He adverted to the course of argument pursued by the reimburse the debt which might so be incurred. As trus- gentleman who had just taken his seat, [Mr. Roor,] and tees, Government had these lands in charge. Supposing, to the inutility of a contest among the States for the then, that the object contemplated in the deed had been honor of having ceded the public lands, and a comparison accomplished by other means, (namely, by taxes on im- of their respective titles to that territory. He censured ports,) to whom, he asked, did the lands belong? Did the course which led gentlemen, in contending for the they not revert to the grantors? honor of their own States, to make gratuitous attacks If the objects for which the fund was provided had on the reputation of other States of the Union-a course been accomplished, the residue of the fund belonged of which he considered as tending to impair that general course to those who had created it. They had made the respect which ought to be accorded to every member of grant for their own benefit. The lands belonged to the the confederacy. He was prepared and ready at once original States of the confederacy, and to the States which to reply to the remarks which had been directed against had been formed since, in pursuance of the ordinance of Virginia; but he did not think the present a fitting oc 1780. But here, in the resolution before the House, it casion to do so. There were several very grave and was proposed to direct the States how their own fund weighty subjects before the House, the discussion of which should be managed, and in what manner its avails must be would in a more legitimate manner call up an examination

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