The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1842-05-09
1.-THE Missouri Reporter entertains these no
vel ideas
A GREAT QUESTION.

Some of the Wing papers contend that the public
lands pledged for the payment of the debt of the
revolutionary war; and, that debt has been extin-
gushed, the public lands revert to the States again.
and the General Government has right to use the
proceeds Of the sales as revenue.
If the Government has right to the proceeds of
the sales of the public lands it must be because has
no title to what has hitherto been regarded as the
public domain Let this be conceded for the sake of
argument-and let it also be conceded that the lands
must revert to the States In nat event how should
they be apportionedi Who possesses authority to
apportion them?
Congress do nothing with them, having no title
in them. Having right to hold the lands Congress
cannot convey them TO, or apporton them among the
States. ".
But il is said the lands, no longer pledged for the
payment of the debt of the revolution repet to the
States. To what States; Who is to decide If
they revert at ALL it must be 10 The States that original
ly held them. title cannot revert TO party who
held it. Consequently, if the public lands rerer
il must be to the States that originally possessed
them--and Virginia, could she resume and retain
proprietorshp, under this doctrine Of reversion
would certainly become very wealthy State. None
of these States, except Virginia and Georgia would
we believe have any claim the public domain
were we to carry out the doctrine advanced by some
of the sages of the Wing party.
New States have however been oimed and their
sovereignty has been acknowledged and necessarily
embraces the right of ultimate domain and it follows
thet under the operation the principle of rerersion
the new States would be entitled to all the unsod
lands within their respective limits And this is no,
all The people moving westward, and forming addi-
tional States, which would have to be admitted into
the Union, would be creating so many new sovereign
ties, equally entitled to the right of ultimate domain
which sovereignes, following the example of their
elders, would appropriate TO themselves the waste or
unoccupied lands within their respective limits,
We thus see, that those who contend that the pub
lie lands, under exist ng circumstances, necessarily
reverts to the States would, by carrying out their
doctrine, make disposition of them which they do
not desire but to which the new States and the far
West would not object.
If the title of the General Government to the public
lands is not valid and perfect then admit they must
belong, not to the States generally but to those in
which they now lie, may hereafter lie each sove.
regniy necessarily possessing the right Of climate do
main.
Whatever may be thought at the present time OF
the propos ton to wrest from the General Govern
ment the whole of the public domain, such move
ment on the part of the new States only JUST.
fled by the Arguments advanced to reconcile the coun
try to the Distribution Act, but the operation of that
Act, should Congress persist in refusing to repeal it,
will inevitably impel the States to assume t
position that the right Of ultimate domain in them
Nor will the fact that Louisiana and Florida were
purchased by the General Government arrest the pro-
gress of those who may feel that in Justice to them
selves, the new States ought TO adopt the which
the advocates of the Distribution Act have indirectly
suggested Let il once be distinctly and defnvely
UNDERSTOOD that the public lands are no longer to be
regarded as constituting fund to the general
charge of supporting The Federal Government and we
hazard little in saying the States already in ~
stence, and those which may in the mean time be
formed will lose no lime in acting upon the doctrine
of reperSion They will say TO the General Govern
ment You have given up the public lands our title
OF ultimate domain Is now indsputable and we viii
hold the ~ IN defiance OF all others" They will 100
have reason, right and law their side and cannu
fail TO be sustained.