Wheeling times and advertiser. [volume] (Wheeling, Va. [W. Va.]) 1839-1849, 1843-03-16

with such apparent sinceri
~ and pertinacity, when we look back
To the action of Congress upon the sub
Ject, from the foundation Of the govern
ment, AMI 10 the opinions of our Presi-
tents and most distinguished statesmen
OF both aud of all parties, in reference tn
II. We perceive, by examining the
laws ofthe United States, that almost in.
Vulnerable grants and appropriations of
the public lands TO diffe rent individuals.
private and corporate, and for divers oo-
jecls, have been ma le, from time 10 time.
aud the power to do so never for a mo.
mint disputed But not only has CON
gress the Constitutional power to make
such d disposition; 1t is bound by compact
To give the benefit Of the lands which
the United S;ates. acquired by cessionS
from individual States, not 10 the States
which ceded them, but in ra:cRble pro.
portions to ali tie ) ates Of the Union.
The Su, reme Court Of tho United States
dccidcd,In the case Of Jack son VS.. Clark
Peters, p. 62S, that the General Gov
eminent received this territory in irus;
for the use ard benefit of the members
% the Conteleracy.' And Gen Jack son
in his message to Congress, in Deccm.
Der 1879, sIId-''lI seems TO me to be
our true policy that the public lands
shall cease, as soon as practicable to be
u source Of re"enue And in his mes
sage in 1886, employs the following
p pinted language The ceSsions of Viz.
g'nla, North Carolina and tiecrgia, in
express terms, and al the rest implied
iy,not only provide specifically the pro
portion according TO which each State
shall profit by the proceeds e the land
sales but hey proceed To declare tina,
they =hall be faithfully and bona file
disposed Of f'r that purpose, aud Tor no
other use or purpose whichever md
n Ids, The Constitution left all The com
PaciS before made in full force, and the
rights OF AL parties rem lin the sans
under the new government, that they
were under the Confederation. =" And
again: "The solemn impacts, invited
by Congress, in n Resolution declaring
the purposes 10 which the proceeds OF
The lands should he app led, originating
before the Constitution, and 70 ming the
basis on which it was made. bound the
Unlied States 10 particular course OF
policy IN relation to them, by ucI us
strong as can be invented TO secure the
IalIh nG nations. >"
This language is most forcible and
conclusive; and ought, we should think.
10 have weight in n certain quarter -
i5ut besides these EXAMPLES Of authorita-
I've exposition of the Constitutional pow
er and dn'y Of Congress to dispose OF
the public lands for other purposes than
revenu' VIC find various propositions
introduced at different periods by cni
nent men AMI they Of the strictesr
sect Tor the disposal! Of these lands
some Tor their gradual cession 10 the
states, aid We NAV mention especially
the plan OF Mr. Calhoun, which con,em
plated a transfer Of the whole OF these
lands to the States, with n reservation
only of one haifthe nett proceeds 10 tho
United States. This proposition. was
OF Itself, surrender Of the whole argu
mt IN favor Of the Constitutional abil.
nv OF Congress to part from these lands.
IN whatever mode. and upon whatever
FERNS, 1t might IN its wisdom and ius-
lice determine. If arthcr evidence w.rr
wanting. Of what The pIb ic sentiment is
IN relation t. this power, we may men
ilOn the resolutions, adopted by 30 out
OF 20 Stale Legislatures of the Union.
strongly recon- .nending tn, distribution.
Here we mi bit conclude the argument.
and adk what room can be found for hes.
ilation and doubt?
But some Of our opponents, taking a
hall way stand upon the subject, and
possessing an over nice discrimination.
whilst they admit the control Of Con
greSs over tn public Iands,nnd its now
or under the Constitution, to dispose Of
them IN The manner proposed, contend
that the States have no claim,as ofripht,
anu that there exists no legal obligation
TO distribute the proceeds Of sale. And
they deduce their conclusiuns-not from
the language Of the deeds Of cession.
which furnish the best guide TO correct
lnterPretation-but from the reluctance
which some Of the States manifested to
raiIty tho confederation, some Of them
requiring, as a condition precedent TO
their rItllying the articles, that the
states holding these lands should surren-
der them 10 the United States, ''fur tho
Joint benefit Of all the States But
Ih.,se who 81 -s-.-- set, or do not ad-
- - 'he fact, that, uotwithsinnding
IN thiS requirement on the part Of these
States, his surrender, or cession 90.
not made until after all Tho Sta,cs bad
ratltiej the confederation, Ohe recus,n,
States, Maryland, New Jersey. and DgI.
aware. included nor were the cessions
inalIy made upon tho terms recomnon.
led by these recusant States. On tho
contrary, the articles Of confederation
we're adopted in l775, and the decd If