Within the years 1785, 1786, and 1787 Massachusetts, Connecticut, and
South Carolina ceded their claims upon similar conditions. The Federal
Government went into operation under the existing Constitution on
the 4th of March, 1789. The following is the only provision of that
Constitution which has a direct bearing on the subject of the public
lands, viz:
The Congress shall have power to dispose of and make all needful rules
and regulations respecting the territory or other property belonging
to the United States, and nothing in this Constitution shall be so
construed as to prejudice any claims of the United States or of any
particular State.
Thus the Constitution left all the compacts before made in full force,
and the rights of all parties remained the same under the new Government
as they were under the Confederation.
The deed of cession of North Carolina was executed in December, 1789,
and accepted by an act of Congress approved April 2, 1790. The third
condition of this cession was in the following words, viz:
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 proportions of the general charge and expenditure,
and shall be faithfully disposed of for that purpose, and for no other
use or purpose whatever_.
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