Staunton spectator, and general advertiser. [volume] (Staunton, Va.) 183?-1849, 1843-04-20

designed that the resources of the Federal Go
eminent should be derived exclusively from II,
Pos's ana direct Iaxatlon-either or both, as Il
Representatives of the people miobt. in The
wisdom, select---the Wing party protests again
tho policy or the justice of regarding and trea,;n
the proceeds OF the sales of the Public Land
which "belong TO the States" as rcpenuc.-
Hence, they avow themselves in favor of irwin
70 the iund arising from the sale of those Land.
us appropriate and proper destination. This ca
only be effected by the
Distribution Of the Land Fund.
The policy Of distributing The proceeds If N
puunc iahus among the States, according to som
equitable proportion, was not originally and ouqh
not now, to be made party question. Its GRO
priety and necessity are recommended hv too ,no
ny Important considerations, deeply affecting IN
interests OF the States and of the peopIe. ever I,
aumit oil Its being prejudiced by tho asperi,y Of
mere party controversy. 1t is too universal an,
Pervading IN It's benefcent effects and conse
quences thus 10 be considered, and carried mr. loci
and we protest against il. But if our adyersaries
insist on making an issue with us, upon its mer
us, 10 be tried before the people, we confident,
accept the condition., and most gladly enter the Lists
as It's champions, happy to be advocates of so
!ns' cause and yet willing, even preferring, ,ha,
ne sore credit OF Its support should not be left to
u.s. out should be shared by our political oppo.
nenls, rather than its benefits to the people he
postponed a single day. AS they, however, ccna
'emp'uously spurn its support, and make fierce
war upon 1t, we cheerfully assume the respons;.
putty, and meet them in the field. with pro.
.ouhu conviction OF Its paramount magnitude, and
an abiding confidence in its ultimate success.
1t is objected to this great measure thai IL Is nm.
constitutional. 1t IS amazing that intelligent and
imPartialmen should entertain this opinion or find
any room even for doubt. Of,he public lands of
inc United States, large portions were acuu,ed bv
cessions oil individual States TO the United States
fh.,,,
and an Florida) by purchase under treaties with
rance and Spain, since the adoption of the pres
ent federal constitution.
win respect to the lands SO acquired by trea.
y-the constitution explicitly provides, that ",he
congress shall have power 10 dispose Of, and make
la.l neeo'ul rules and regulations respecting the
sef'HoTy Or oher property belonging 10 the United
o'a"s. Congress, then, has a righlfuI power
20 dispose OF these lands, unless indeed it can be
maintained (Which will hardly be pre,endedI that
lney are held by no constitutional tenure w6atev
e.. congress has, accordingly, ia repeated in
iands sAeicised the power Of asposing of these
lions, the public will recollect with pleasure and
glatitude' the grant of land in Florida TO Gen. La
iayeue' was mat grant Unconstitutional and
therefore void! May it be revoked! Or will il
c graveiy contended, that Congress NAV rioht.
nuliy alsPose OF The lands themselves, but cannot
dispose OF the proceeds of the sale Of them ihai
Congress may give the lands, or the proceeds to
S,atesl -
e'nder the same delegation of power in the con-
sutution, Congress has exercised the power of
dlsposing OF the lands acquired by the cessons OF
the States; and it seems wonderful that the con-
stitutional power to make such disposition should
be questioned at this late day, and controverted
with such apparent sincerity and pertinacity when
we look back TO the action of Congress upon the
subject, from the foundation of the government
and 10 the opinions of our Presidents and most
DISTINGUISHED statesmen of both Of al art;aS
In reference to it. We perceive, by examining
the laws OF the United States, that almost innu-
Inerable grants and appropriations of the public
lands to different individuals, private and corpo-
rate, and for divers objects, have been made, from
time TO time, and the power to do so never for
moment disputed. But not only has Congress
The constitutional po,cer to make such disposition;
II Is Boand ty cOnpcct, to give the benefit OF the
lands which the United States acquired by ces-
| sions from individual States, not to the States
which coded them, but in rateable proportions to
all the States of the Union. The Supreme Court
of the United States decided, in the case of Jack
son Us. Clark, Peters, p. 629, ''that the General
Government received this territory in trust for the
use and benefit Of Tie members of the Confedera-
cy." And Gen. Jackson in his message 10 Con-
gress, in December 1882, said 1t seems 10 me
Ito be our true policy that the public lands shall
"cease as soon as practicable, TO be source of
"enue." And in his message in 1888, employs
"the following pointed language-''Fhe cessions
s. OF pirgtnia, North Carolina, and GeOreia i'm eX,
"press terms, and all the rest implicitly, not on
sly provide specifically the preparation according
"to which each State shall profit by the proceeds
of the land sales, but they proceed to declare tina
"they shall be faithfully and bona fde disposed o
"for that purpose, and for no Otker or pufpos,
whatsoever and adds, s'the Constitution lief
all the compacts before made in full force, ant
"the rights Of all parties remain the same unde
"the new Government, that they were under tn
"ConfedeTation." And again "The solemn
"comPacts, invited by Congress, in Resolution
"deciariDg the purposes to which the proceeds 9
''the lands should be applied, originating befor
"the Constitution, and forming the basis On whic
I sit was made, bound the United States TO a pa
, "tcuar course of policy in relation TO them, b
o stiles as strong as can be invented TO secure IL
|, "tkc faith of nations"
. This language is most forcble and conclusive
!, and ought, we should think, 10 have weight in
!, , certain quarter. But besides these examples
II authoritative exposition of the constitutional poy
e er and duty OF Congress TO dispose of the publ
b lands Tor other purposes than revenue, we fin
y various propositions introduced at different pei
DDS by eminent men-and they Of the stricie
=, sect-foT the disposal Of these lands--soIne {
- their gradual cession TO the new Statos, and v
u may mention especially the plan of Mr.. Gallon
IL which contemplated transfer Of the whole
lr these lands to the States, with reservation on
Of one half the nett proceeds 10 the United State
ct This proposition was, Of itself, surrender Of
" whole argument IN favor Of the constitutional alb
:, ity Of Congress to part from these lands, in wi
:. ever mode, and upon whatever terms, il might
= Its wisdom and justice determine. il farther
u idence were wanting, Of what the public sen
ur tnent 49, in relation 10 this power, we may me
mt ton the resolutions, adopted by 30 out of
H. State Legislatures of the Union, sttorgly reco
G mendjno the policy of distribution. Here