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
This condition has been exacted from the people of all the new
territories, and to put its obligation beyond dispute each new State
carved out of the public domain has been required explicitly to
recognize it as one of the conditions of admission into the Union. Some
of them have declared through their conventions in separate acts that
their people "forever disclaim all right and title to the waste and
unappropriated lands lying within this State, and that the same shall
be and remain at the sole and entire disposition of the United States."
With such care have the United States reserved to themselves, in all
their acts down to this day, in legislating for the Territories and
admitting States into the Union, the unshackled power to execute in good
faith the compacts of cession made with the original States. From these
facts and proceedings it plainly and certainly results--
1. That one of the fundamental principles on which the Confederation of
the United States was originally based was that the waste lands of the
West within their limits should be the common property of the United
States.
2. That those lands were ceded to the United States by the States which
claimed them, and the cessions were accepted on the express condition
that they should be disposed of for the common benefit of the States,
according to their respective proportions in the general charge and
expenditure, and for no other purpose whatsoever.
3. That in execution of these solemn compacts the Congress of the United
States did, under the Confederation, proceed to sell these lands and put
the avails into the common Treasury, and under the new Constitution did
repeatedly pledge them for the payment of the public debt of the United
States, by which pledge each State was expected to profit in proportion
to the general charge to be made upon it for that object.
These are the first principles of this whole subject, which I think
can not be contested by anyone who examines the proceedings of the
Revolutionary Congress, the cessions of the several States, and the acts
of Congress under the new Constitution. Keeping them deeply impressed
upon the mind, let us proceed to examine how far the objects of the
cessions have been completed, and see whether those compacts are not
still obligatory upon the United States.
Public-domain text, read in full here on John Shaqi.
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