Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1842-08-01
SPEECH OF
MR GoGciN. o. vIsoISIA.


deed. some Of the Jaeger ones that were wlshou,
lands iet that there great inequality IN the old
thirteen, 90 long . such immense tracts OF these
western forests belonged TO posuon o, them snd
regard to territory, the States were all consider ed
a. sovereign in themselves. These Independent
corporations sovereignties, bound together only
by rope Of sand, the confederation was called
might WE'LL is to DO presumed, havo seen with a
Jealous eye all the advances that were made 10y one
the other IN the acquisition OF territory, or OF
political power and importance, which were likely
at somo day TO make one too strong Tor another.
THIS very subject, therefore. was the great cause
OF dissention, aud IL had like TO have prevented
the ratification OF the articles OF confederation.
New Jersey decided in fact, ut one time, not TO ra-
fy because the lands claimed 10y Great Britain were
not acknow lodged as "the common properly OF
Congress" The State OF Maryland also refused
10 rauIy for a Tine claiming that the lands should
be "a common estate, to be granted out en- terms
beneficial to oil the United States" Delaware did
the same thing. These claims were resisted with
rmness howe yer; and the Legislature OF Virginia,
IN i759 inserted her claim TO these lands. and she
declared that any attempt on the part OF Congress
90 assume a jurisdiction or arrogate right o! adj
Indication" therein as mot only unwaranted 10y,
but expressly contrary to- the fundamental principles
OF the confederation" ga violation OF public faith,r
and "a most dangerous precedent, which might
hereafter be urged to deprive OF territory or sub
vert the sovereignty ana government OF any one or
more Of the United States" But the disse ming
states nn1lly aOanIOucl tutT ptolcuSious tau'
fed the confederation relying TO obtain that from
the magnanim,y and the justice Of of Virginia and
other States which they could not obtain by assert
ing claims utterly groundess. This justice was,
ms have shown, soon accorded TO them by the
deeds Of cession; and thus was acquired large
portion Of the public lands now held for the benefit
Of the States.
do not entertain any purpose Mr. Chairman, of
going into an argument m regard 10 the difference
between tho lands ceded and those acquired by
Ia II. Nafa Ia
In 1908 the United States purchased Louisiana
from France for fifteen millions, and Florida from
Spain, in 1872 for Ave millions Of dollars. These
sums were taken from the general Treasury, which
made up Of both the money derived from the
sale of other cededl lands, and from the duties that
were collected from merchandise imported into the
coupry. But the cost of both louisiana and Flo.
rida has beon considered rs paid out OF the land
fund, and il has accordingly been always charged
to that fund. IL appears, from statement made
from the records Of the Treasury, that up to the
30th Of September, 1910, the public lands had
yielded in various forms the sum Of S2i SAL ,SO2
and that of this sum, an account Of charges grow
ing out Of the lands, including the purchase Of
Louisiana and Florida, there hod been paid $685.
323036 This leaves balance TO the credit still
OF the public lands of S42, 0lS,T66. The purchase
OF Louisiana and Florida having been made with
the money arising from the sale oil other lands,
given by the States 10 the United States for parti
cular purposes. it can only be regarded as the con
version OF one kind Of land into another. The lands
thus acquired arc now, of course, subject 10 the
rules, conditions, and restrictions as would
npply to the original lands. Ii this he so, and It
cannot be otherwise, either on principles OF law or
Of equity. the whole of the public ands-those ac-
eured by purchase as well those ceded by the
States-are held only in trust by the United States
for the purposes l have mentioned. The coded
lands, therefore, do not afford the only argument in
favor OF distribution, as the gentleman from New
Hampshire (hr Atherton) seemed 10 suppose.
MIR GoGGIS said, If 1t were necessary further TO
illustrate his views by authorities, he might refer
10 the decisions Of the Supreme Court, which have
determined IT, or rather have settled the question,
in regard the character in which the United States
hold the public lands. He alluded TO the decisions
IN the case of Dodridge vs.. Thompson 9h Wheaton,
page 469, when the Court said: at has been truly
observed that, while the Government of the Union
has been considered as holding the territory ceded
by Virginia in trust Tor the officers and soldiers Of
Vngini,, so far the reservation for their benefit
extends, il is also to be considered as holding the
lands not reserved in trust for the nation and be-
ing bound by its high duties TO execute the trust"
Also in the case of Jackson VS.. Clark. LIST Peters,
D. 62S, after rectng portions OF the deed Of ceSsion
from Virginia, the Court said: "The Government
OF the United States then received this territory in
ust, not only for the Virginia troops on continen
tai establishment, but also for the use and benefit
of the members of the confederacY; and this trust
is TO be executed by faithful and bona fde dispo
sltion of the land for that purpose" These deci
slons, II true, refer only TO the lands coded by
virginia, Out lncy nevertheless, IN hppiy
with equal force to all the public lands that held
in trust by the United States.
Further, sir, the views expressed by Congress on
various occasions-those repeated by the Supreme
Court as well as the plain letter Of the acts OF ces-
s0n themselyes-have been most fully and amply
sustained by the Executive branch of this Govern
ment also. l will here (said MIR G) only notice
the opinions and views set forth by General
Jackson himself whose authority will go far, very
far, with many am sure, TO fix their opinions,
where they may not have been already formed.
Ia his Message 10 Congress December 1882, he said;
"As the lands may he considered relieved FROM
us pledge the object fer which they ceded having
teen IL in the discretion of Congress 10
dispose Of them IN such way best 10 cClduee 10 tie
quiet harmony and general interest Of tile American PEG
Pile" SC. ut seems TO inc TO be- trne policy that tie
public lands shall eeGse soon as practicable 10 be
source Of revenue" &c.
This is not all. lie used the following language
10 message 10 Congress Of the next year, (iS33,)
which hears on some Of the points involved:
"The eessons Of Virginia, North Carolina aud Georgia,
express terms, and all the implicitly, only pro-
as ss So by s the a S ba
they proceed declare that they shall be faithfully ami
zee Or purpose whaisoever Aud ads 'Ths is lhs
fundamental law Of the lant al this moment growing
compaois which older fhan the Constitution, aud
formed the corner stone which the uniun Itself
erecic" "Tbe Constitution" OF says ia another place.
ct alh compacH before Inahe N ln loree AMI Tie
rights 81 all psties remain tie came under the Gov
thai they under the confederation" And
rcsjuiion declaring the purposes 10 which the proceeds
the Constiiuion and forming bass on wlci, II was
made, bound the United States particular course Of
policy n relation TO them 10y ties strong can be inyen
iodtO secure the iiitl Of natiuus'
This language is most clear, most fOrcible; and
will not add a word Of comment, expressing only
the hope, as DO that the former friends of Gen
eral Jackson will join with ug 10 Carrying out the
views here limited at.
But, Me- Chairman, have said that the opinions
which entertained on this subject were in part con.
frned in my mind by the President HIMSELF 10y
that Vmginlan now Mt the head Of the Executive,
whom once regarded, while he was an old fash
iOned Virginia Burgess, sort Of teacher Of no.
htea truths truths TO which was inclined 10 give
o ready assent. TO none Of his doctrines. how
ever, did so readily yield, to none have so con-
staBtly adhered, as that which maintained by
him in respect 10 the proper disposition TO be made
al the public lands hude TO that period Of his poll
teal life when he was lsstR member OF the Virginia
Legislature, from the county Of Charles City, when
cannot suppose a station so exalted as the Pfesi
dency ofihsse twenty SIX United States had tempt
Cd his ambition. IL was at time too, when in
giving utiefnneo ~ his sentiments he not only spoke
the words of truth and Of soherness, but his Opin-
ions were those Of both N'hig and Democrat in the
Legislature OF which he a member
IN the year 1899, sir, Gust before Mr. Tyler's
domination 10 the Weep fesideney) us Chairman
az the Committee Of the House Of Delegates, to
which the subject was referred, he made most 90.
tisiactory report, OF which he was the author, sus
tanning the principles he bad before advocated and
urging that ths proceeds Of the public lands belong
Ell righhu'ly 10 the States, as have argued they
now do. That report (said Mr o. I have now IL
my hands, and beg leave TO read txtract or two
from IT, ia order 70 strengthen the arguments on
which myself rely IN supporting the measure