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borhood to find employment and afford the means of pay- Population sparse; ing neighborhood teachers. Where the means exist, as neglected. those who are most engaged in the cause of education generally send their children to some Academy, or to the University, the balance, not so justly appreciating the im portance of the subject, suffer it to remain neglected for the want of suitable persons to give an impulse to their exertions. The establishment of primary free schools, where the poor as well as the rich can have an opportunity of instructing their children in the rudiments of an English education is certainly "a thing devoutly to be wished for" by every friend of his country.

can not be estab

public lands for

education not

granted by United States.

Your Committee, however, in the present embarrassed Primary schools condition of the country, would despair of this State, lished by taxation without any fund at its disposal, except what is collected by taxes from the people, being able to do any thing effectual upon this subject, were it not for the claim which North-Carolina has upon the general government for an appropriation of public lands for the purposes of educa- Appropriation of tion. This claim is not a new one on the part of NorthCarolina. The subject was brought before the Legislature at a former session, which, by joint resolution of both Houses, instructed their Senators, and requested their Representatives, in Congress from this State to urge the right of North Carolina, to participate in the appropriations of Public Lands for the purpose aforesaid, in just proportions to what had been granted to the new states. This claim the Senate of the United States thought it inexpedient to grant. Your Committee are, however, gratified that the subject has of late been much canvassed by the old States; particularly by Maryland and New Hampshire, and that there is reason to believe that they are disposed, through the medium of their representation in Congress, to assert their rights to share in the benefits of these appropriations.

Your committee do not consider it important to enter

The land discussion.

do not belong to a few states.

minutely into the discussion of the question made in the Maryland, and assented to in the New-Hampshire Report, whether previous to the several cessions which have been made to the general government, the non-ceding states were in justice entitled to participate in the extensive back country which then formed a part of the states, which have since made such large cessions to the United States; because they cannot see how it can be made to have any bearing upon the main question. If, however, they were to express an opinion, it would be unfavorable to the claim then set up by the minor states.

The war of the revolution was a war of defence, not of conquest. The States, from a sense of individual weakness, associated together for their mutual safety, in the character of States, having certain chartered limits, which were recognised as their respective boundaries. for the purpose of protecting the persons and property of their citizens from the exactions of arbitrary power, and of defending the unalienable rights of man. It never was unThe public lands derstood, or even contemplated, that the war was to be waged for the acquisition of territory. No such motives ever actuated the citizens of the United States. It is a novel idea to your Committee that two or more States, engaged in a war on the same side, impelled by the same motives, because they are successful, can be said to be entitled to any portion of each other's teritory by right of conquest. The victory which is achieved is over the common enemy, but the conquest, it seems is over each other. Under the articles of confederation, the States were sovreign to all intents and purposes. The consideration was only a strict alliance for purposes of mutual safety and defence.-When, therefore, Great Britain acknowledged our independence, it was as separate, sovereign and independent States.

Again, conquest implies the acquisition of territory. No one state in the Union acquired any territory by the

see to United

ceded to aid in pay

war. Each remained within its former chartered limits. Cession of TennesThe larger States, however, have now parted with any States. right they formerly had in the lands they have ceded, and the other states, through their representation in Congress, have admitted that the right was in the ceding States, by accepting their cessions upon the conditions and qualifications contained in the several cession acts. In 1789 the General Assembly of North-Carolina passed an act, ceding all that tract of country, which now constitutes the State of Tennessee, to the United States. As it regards the claim of North-Carolina to the territory over which she then, and previous to that time, had exercised jurisdiction, there can be no question. Her boundaries had never been defined by any charter subsequent to her own; her claim, there, rested upon as firm a basis as the claim of Maryland to the territory over which she now exercises. jurisdiction. The act of cession has the following preamble: "Whereas, the United States, in Congress assem- Lands in Tennessee bled, have repeatedly and earnestly recommended to the ing debt of revorespective States in the Union claiming or owning Western Territory, to make cessions of part of the same as a further means as well of hastening the extinguishment of the debts as of establishing the harmony of the United States and the inhabitants of the said Western Territory, being also desirous that such cessions should be made, in order to obtain a more ample protection than they have heretofore received. Now this State being ever desirous of doing ample justice to the public creditors, as well as the establishing the harmony of the United States, and complying with the reasonable desires of her citizens: Be it," &c. Which shows very clearly the temper of the people at that time. It was soon after the close of the revo- Patriotic motives lutionary struggle, when the States, having each their Carolina. quota of public debts to pay, and having no surplus fund, that is to say, the smaller States, when public and private confidence were in a great measure shaken, the creditor

lution.

of people of North

Public lands by

the states, not to a few.

was apprehensive of the loss of his debts, and the people were oppressed by the burthen of the taxes imposed to defray the ordinary expenses of government, and borne down under the weight of debts already contracted.

These circumstances gave rise to much discontent and right belong to all complaint, and, no doubt to the pretended claim on the part of the minor States, to participate in the Western Lands belonging to other States. It was certainly generous and may have been politic, in those States to make large cessions to the Union, for the purpose of securing the payment of the public debt, restoring harmony to the people of the different States, and gratifying the wishes of a part of their respective citizens, who were anxious to set up for themselves. It is no less certainly the duty of Congress to see that this magnanimous act of generosity be not abused, and the fund which was intended for gencral, applied to local purposes. The act also contains this provision: "That all the lands intended to be ceded by virtue of this act, to the United States of America, and not appropriated as before mentioned, shall be considered as a common fund for the use and benefit of the United States of America, North-Carolina inclusive, according to their respective and usual proportion in the general charge and expenditure, and shall be faithfully disposed of for that purpose, and for no other use or purpose whatever.” Language could not have expressed the intention of the Legislature more plainly, or placed the claim of those States, which have not yet received appropriation, upon a firmer basis. The acts of cession of other States contain similar provisions.

Congress ought to keep faith with the state.

Your committee have too an exalted opinion of the Congrass of the U. States, to believe that however much they may doubt "the expediency of making appropriations for the benefit of the old, corresponding with those already made for the new States," they can hesitate for a moment to redeem the plighted faith of the nation, and perform

lands of Louisiana and the Indian

lands.

Your committee gave no additional force to the reasoning contained in the reports to the Legislature of the States before mentioned, to show the justice of the claims of the non-ceding States to be allowed appropriations proportionate to those already granted to the new States; and they admit the claim of those States, which have made the largest cessions, are placed, by the several acts upon the subject, on the same footing, except, perhaps, that there All the states have may be more equity in the claim of the ceding States, in- right to share in asmuch as they have made the contract, and paid the consideration upon which the benefit of the stipulations contained in the several cession acts, have been guaranteed to them. There can be as little doubt of the right of all the States to share the advantages which have resulted from the purchase of Louisiana, and the Indian title to the Public Lands, as they were paid for with money drawn from the Treasury of the U. States, in the proportion that they have contributed towards the same. As that might be a difficult matter to ascertain, perhaps no better mode can be devised than the one suggested by the Maryland Committee, the ratio of square miles.

Your committee are satisfied that the statement and A calculation showing amount

calculation made in the Maryland report are correct. of public lands. That the amount of unappropriated Public Lands is four hundred millions of acres. The total amount necessary to do justice to those States, which have not yet had any appropriation made in their favour, is 9,370,760 acres, or something less than 2 1-2 per cent upon the whole amount.

That the amount already appropriated for literary purposes, and which will be appropriated, if the system hereinbefore adhered to for the benefit of the new States and Territories, is 14,576,569 2-3 acres. North Carolina is entitled to an appropriation of 980,666 acres, which, at two dollars per acre, would amount to the sum of $1,961,- Calculation show332. Two dollars per acre being something less than the share of North average price for which government lands have sold, it public lands.

Carolina in the

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