A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term)
History
A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term)
Jackson, Andrew, 1767-1845; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
By the facts here collected from the early 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 those lands
should be considered as common property, to be disposed of for the
benefit of the United States, that some of the States agreed to come
into a "perpetual union." The States claiming those lands acceded to
those views and transferred their claims to the United States upon
certain specific conditions, and on those conditions the grants were
accepted. These solemn compacts, invited by Congress in a resolution
declaring the purposes to which the proceeds of these lands should be
applied, originating before the Constitution and forming the basis on
which it was made, bound the United States to a particular course of
policy in relation to them by ties as strong as can be invented to
secure the faith of nations.
As early as May, 1785, Congress, in execution of these compacts, passed
an ordinance providing for the sales of lands in the Western territory
and directing the proceeds to be paid into the Treasury of the United
States. With the same object other ordinances were adopted prior to the
organization of the present Government.
In further execution of these compacts the Congress of the United States
under the present Constitution, as early as the 4th of August, 1790, in
"An act making provision for the debt of the United States," enacted as
follows, viz:
That the proceeds of sales which shall be made of lands in the
Western territory now belonging or that may hereafter belong to the
United States shall be and are hereby appropriated toward sinking or
discharging the debts for the payment whereof the United States now
are or by virtue of this act may be holden, and shall be applied solely
to that use until the said debt shall be fully satisfied.
To secure to the Government of the United States forever the power to
execute these compacts in good faith the Congress of the Confederation,
as early as July 13, 1787, in an ordinance for the government of the
territory of the United States northwest of the river Ohio, prescribed
to the people inhabiting the Western territory certain conditions which
were declared to be "articles of compact between the original States and
the people and States in the said territory," which should "forever
remain unalterable, unless by common consent." In one of these articles
it is declared that--
The legislatures of those districts, or new States, shall never
interfere with the primary disposal of the soil by the United States in
Congress assembled, nor with any regulations Congress may find necessary
for securing the title in such soil to the _bona fide purchasers_.
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