Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1832-05-15
MIR. CLAY'S REPORT ON THE PUBLIC
LANDS.


Mr., Clay, from tho Committee Manufacturers
made, to the Senate, the following Report:
The Committee on Manu- features have been in :
structcd by the Senate, To inquire into the expo
dicncy of reducing the price of the public lands
and of CO ding them TO the several States within
which they situated, reasonable terms Far
from desiring To assume the duty involved in this
important inquiry IT is known to the Senate that a
majority oi the committee DESTROYS that the sub
Ject should have been referred to some other com
mittee But, as the Senate took a different view
OF the matter, the Committee Manufactures
have felt bound to acquiesce in its decision; and
having bestowed on the whole subject the best con
sidcration in their power, now beg leave to submit
10 the Senate the result of their inquiries and
Elections.
The public lands belonging to the General Co
yernmcnt arc situated, lst Within the limits of the
United States. defined by the treaty of peace
which terminated the revolutionary war; and, 2dy
within the boundaries of Louisiana and Florida
us cedcdb by France and Spain, respectively, to the
United States.
LIST. At the commencement of the Revolutionary
war, there were. in some of the States, large boz
aieS OF waste and unappropriated lands, principal
Jy west of the Allegheny mountains, and i'll the
southern or southwestern quarters OF the Union,
whilst i'll others, of more circumscribed or better
defined limits, no such resource existed. During
the progress of that war; the question agitatcd
what should be done with these lands in the
event of its successful termination? That question
was likely to lead to puralyzing divisions and iea-
lousies. The States not containing any considera-
bic quantity of waste lands contendcd that us the
war was waged with united means, with equal
sacrifices, and at the common expense, the waste
lands ought to be considered a common property,
and not be exclusively appropriated to the benefit
OF the particular States within which they happcn-
cd TO be situated. These, however, resisted the
clam, upon the ground that each State was enti-
tied to the whole of the Territory, whether waste
or cultivated, included within it's chartered limits
10 check the progress of discomfort, and arrest tine
serious consequences to which the agitation of this
question might lead, Congress recommended to the
States to make liberal cessions of the waste and I'M
seated lands to the United States; and on the 10th
day of October, 1850, "ResoLred, That the unap-
propriated lands that may be ccGed or relinqushed
to the United States by any particular State, pursu-
ant to the accommodation of Congress of the 9th
day OF September last, shall be disposed of for tie
common benefit of the United States" &C.
In conformity with the recommendation of Con-
gress, the several States containing waste and I'M
cultivated lands, made cessons of them to tho Uni
ted States The declared object having been sub
stanally the same in all of these eessions it is only
necessary to advert to the terms of some of them.
The first, in order of time, was that of New York.
made on the first day of March, 1871, by it's dele
CATION in Congress- in pursuance of an act of the
Legislature of the State; and the terms of the
decd OF cesson expressly provide, that the coded
lands and territories to be held, ''to and for
the only and benefit of such of the States as
are, or shall become parties to the articles of
federation" That Of Virginia was the next in date
but by far, the most important of all the ccssions
extent and value of the country coded. 1t compre-
hcndcd the right of that Commonwealth to the vast
territory northwest of the River Ohio embra-
cling, but not confined to the limits of the
present States of Ohio, Indiana, and Illinois.
The deed OF cession executed by the
delegation of Virginia i'll Congress, 1874, a.
greeably to act of the Legislature passed in
l7o3 and, among other conditions, the decd expi-
city declares, ''that all the lands within the terri
tory ceded to the United States, and not rescr-
we'd for or appropriated to any of the beforemen-
toned purposes, disposed Of in bountics to the
officers and soldiers of the American army, shall
be considered common fund for tie use and benefit
Of such Of the United States hare become, ar
shall become, members Of the confederation or fede-
raj alliance Of the said Suites, Virginin incluSre
according TO their usual respective proportions
IN the general charge and expenditure, and shall be
faithfully and JOHa fde disposed of for that pur-
pose and for no other use purpose whatsoever -
Passing by the ccssons which other States, prompt
ed by a magnanimous spirit of union and patriot
Ism, successfully made, come to the last III the
series that of the State of Georgia in 1902 The arti
Giles of agreement and cession entered into between
that State and the United States, among various
ether conditions contain the unequivocal dcclara-
tlon ''that all the lands coded by this agreement O
the United States SHALL after satisfying the above
mentioned payment of one million two hundred and
fifty thousand dollars TO the State of Georgia, and
the grants recognized by the preceding conditions,
be considered common tUnd for the and
bencft If the United States, Georgia iaciBded, and
shall be tGthtuLty disposed II for tint purpoac,
and for no other use or purpose 1ohatcccr."
Thus, by the clear and positive terms of these
acts OF cesson, was great, public, national trust
created and assumed by the General Government,
1t became solemnly bound to hold and administer
the lands coded, common fund for the and
benefit of all the States, and for other use or
purpose whatever. To waste or misapply this fund
to divert it from the common benefit for which
1t was conveyed, would be violation of the trust
The General Government has no more power
rghtfully, to Cede the lands thus acquired TO one
OF the new States, without fair equivalent, than
it could rerocede them to the State or States from
which they were originally obtained. There would
indeed be much equity i'll the latter than i'm the
former Nor is the moral responsibility of the
General Government at all weakened by the con
sidcration that, if it were unmindful of its duty
to disregard the sacred character of the trust
there might be no competent power, peacefully ap
piled, which could coercc its faithful execution.
ID The other source whence the public lands of
tho United States have been acquired arc, 1st the
Arcaty oil Louisiana, concluded in 1902, and 2dly,
ihc treaty of Florida signed in 1919 BY the first
nil the country west of the Mississippi, and extend
ing to the Pacific ocean, known as Louisiana
which had successfully belonged to France, Spain
and France again, including tho island of New
Orleans, and stretching east of the Mississippi To
Che Pcrdldo, was transferred to tho United States,
IN consideration Of the of fifteen millions OIL
dollars, which they stipulated to pay, and have
since punctualy paid to France besides otbe,
conditions deemed favorable and important to hcI
interests. BY the treaty of Florida, both the pro
viuccs of East and West Florida, whether an,
portion of them not actually cOmprc
hcndcd within the true limits of Louisiana, wert
coded to the United States in consideration, besides
other things, of the payment Of five millions o
dollars which they agreed to pay, and have since
accordingly paid
The large pecuniary considerations thus paid L
incse two foreign powers, were drawn from thu
treasury Of the people Of tho United States; ant
NON fl4r a.