The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1839-01-26


n NAV IN The FIRST place, be fairly questioned We
hold The public domain as a common properly or
fund, belonging 10 the States Of the Union in their
copfrderated and not In their individual character.
They we're acquired either by purchase, out OF CON-
mon funds belonging 10 the Union or by cession
from the States 10 The Union 10 be held as fund In
common; and am at a loss 10 conceive what right
we have To make that which belongs 10 the whole
Union as common fund the separate fund OF each
Slate. II seems 10 me that Il cannot be done without
manifest breach Of trust and violation OF tne
CONSTITUTION This Is no new opinion, iormea LOT
The occasion IL was, on The contrary, formed Whsn
It's author first introduced the measure, and when nc
ana myself thought alike as TO the necessity OF ie,
lieving the Treasury Of lis surplus 10 ORDER 10 avoa
/ The difficulties and The dangers which nave SINCE
| followed. Believing then, that il would be eilectua
for that purpose and more easily adopted Than any
other, examined il with an inclination to embrace
i as temporary measure Of pressing
evils but II was impossible for me To bring my mind
10 assent TO the right Of adopting H.
But suppose this difficulty surmounted, there are
| others, which regard as insurmountable Among
them the fiscal objection Is very formidable. The
revenue from the lands cannot be spared at present,
and, II distributed, as proposed by the measure,
would necessarily throw the whole expenses Of The
4 Government on a single souTce-tae duties on I'M
ports-and which must be followed by their increase
1 This would neither be fair nor equal and to which
/ j, representing in part portion Of the Union, on
which The increased burden would mainly fall, can
not assent.
But as formidable as is this, there are others far
more so. Ii would mol meet, or avert the approach
ing danger. Il would still leave The public lands in
the new States under the operation of The present
system and The subject Of violent conflict between
them and the old States, with all the caamitouS
sequences 10 which have adverted Instead OF pre-
venting the danger, il wo,ld in fact, hasten and ag
gravate IL, 1t may be laid down as maxim, that no
measure can avert il, which IS not adopted with The
appreciation and consent OF the new States; for the
simple reason, that they must soon become the pre-
dominant power when that which was established
against their consent would be certainly oyerthrown
Such would be the case with the measure under con.
sderaIion IL adopted, il must not only be without
the consent Of those States but with their
opposition, Of which have had the most conclu
siye evidence on the present occasion. When NOV
ed BY its author as an amendment to this bill, was
violently opposed al The threshold from that quarter
and received but single vote from the new States.
IL is mol necessary 10 inquire whether this opposition
on their part Is reasonable not whether il is the
result Of mere prejudice, or OF deliberate conviction
that ii is hostile 10 their interests. The fact ITSELF
that there is an almost universal and determined re-
sstance TO the measure on their part right wrong,
is OF ITSELF sufficient proof that 1t canno, be relied
on 10 avert the threatening danger. On the contrary
It's necessary effect must be TO accelerate and agra
vae il. Its adoption would, at once, bring the old
and new States into violent conflict in which the for
mer would be arrayed almost to a man. in deter
mined effort 10 overthrow the arrangement, or
more hostile measure. Add TO this that The Pres-
Dental contest would not fail 10 into the contIo-
versy, and thus redoub'e The excitement and amino
sity, with all the fatal consequences which have
|
Assuming then, that the scheme is both Objectionable
and inefficient the question again occurs, what ought
TO be done Ny mind is made up after the most Sc
rious and deliberate reflection, that there is and
be but one remedy cede-no that is not the proper
the constitutional word-to dispose of the public
lands to the States within the limits Of which they
respectively lie, on such terms and under such
conditions as shall, al The same time, be Just and
liberal TO the new States and safe 10 The old. We
must, in a word, part lcih the ownership and admin
aration Of tie lands fying rithin The States leaving
those in the Territories, and beyond, under The
| operation OF the present system The erH lies in
0acnerSdip and administration, and cith0ut parting
fctt them no permanent or e6ectuaL remedy Gamble APP
piied.
But what shall be the terms-wha portion of The
proceeds of the sales of those lands Shall be left 10
the States, TO remunerae them for the expense
trouble, and responsibility of their administration
and what portion shall be paid the Govern
ment annually as compensation for the land !
am not prepared TO answer This question Its deci-
sion must depend on a careful and minute exami-
nation OF all the facts and circumstance of the case.
But am decidedly OF the opinion that the portion
10 De lett 10 The new States ought not only 10 be am
PIE 10 cover The trouble expense, and responsibility
Of management, but very considerably beyond,
to unite their interests with ours in order TO give
stability 10 the arrangement and insure and fl
deity in the management. Resting my estimate
OF the compensation on these principles, have sup
posed that the new States might pay over annually
one-half OF the gross proceeds OF sales 10 the Go
Vernment and have an ample sum len for their CON-
hcent data, and is, of course, liable TO be increased
or diminished after careful calculation founded on
facts.
With these suggestions as to the terms, next pro-
coed to the conditions on which the lands ought TO
disposed OF. propose TO suggest only the most pro-
minent, without pretending TO a full enumeration.
Ia order to give stability 10 the arrangement, it
will be Indispensable that the whole transaction
should assume the form of compact and for this
purpose, that Congress should pass act containing
the terms and conditions of the transfer; and that
each OF The new States should pass one, their part,
TO be irreyocabe, asserting the same before it is
made he act OF Congress should, of course de-
,ermine what part OF The proceeds is 10 be paid an
i nualy 10 The government and the time and manner
OF payment; and also 10 provide for keeping regu-
lar books OF accounts, TO be open to the inspection Of
The government, 50 that the exact state of the
count between il and the States may at all times be
asceraiDed by the former
4 The act OF Congress should also contain all the
prospective provisions which NAV become necessary
IN the future administration of the lands under the
arrangement; and should then provide that the land
laws as modified by the act, and as far as they are
aPpiicaole 10 the new state of things, shall remain
unchanged, without the consent Of Congress. A
provision OF this kind would be not less essential 10
me states, than to the Government, Without it
there could be no stability nor uniformity Without
II the States would in short time enter into a COM
petition 10 turn the current of immigration each to-
wards itself, which would commence by a reduc-
tion OF price, and end BY a loss Of lands But with
the provision proposed, the system would retain its
uniformity and become stable than at present.
To enforce the faithful execution of the compact
the act should also contain provision that in the
event Of the violation of the conditions of cesson
all grants thereafter made by the State should be null
and void. This would place the compact under the
protection OF the courts of the Union, and make It
The interest OF the State and It's citizens TO observe it,
In this connection, the liberal allowance proposed TO
/ be made to the States in order to unite their inter
ess with ours, would be important. The revenue
which they would derive fro n the land would be APP
Piled TO roads, canals, or other improvements that
would create powerful interest in favor of the ar