The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-26

Of special jurisdiction have been eslablished
with exclusive power 10 decide arising among the
occupants OF certain lands these special jurisdictions
OF the iavoritism OF monarchy May We require
the establishment OF such courts by these conditions
May legislative action thus form and control the judi
The power of the State is supreme and perfect over
private domain required for public purposes, under the
general principles OF law recognised throughout the
country. The occasion upon which II may be taken,
and the OF ascerianing its value and making
for H. determined by Stale authorities
Ought the general 10 interpose in the
here suggested, and declare what the legislation the
subject shall lie? II ia these instances Il NAV be done
there subject within the power OF State legislation
that may not seek thus to control
There ID no subject upon which Legislation by the
States is usually, aud OF right should be, un
shacked than upon the enforcing Of contracts the col
lection OF debts, and the transfer Of property, both per-
sonsl and real True policy may render i .'xpedsn
not at another II may be expedient 10 subject It to
legal process in cases OF fraud or respass and no, for
in reference the whole subject should be left for the
decision oil the State authorities But this bill aboshes
all discretion upon the subject. BY Withdrawing the prop
erty from such legislative action forever
In respects this indirect method OF controlling
egslalve action the States is Objectionable than
direct legislation on the subject BY Congress Required
become rrepeaabe. II is the beauty OF popular
government that the laws made 10 conform to the
present condition OF things, and may be modified when
expedent Under this system, however, whatever
change long experience might suggest or public interest
require should not be effected il in derogation OF this
ton. would be pointed 10 these old conditions for the
limit of their authority BY their terms, too they
State constitution. establishing certain rights and powers
within the limits OF the State which may not afterwards
be changed without the consen. OF Congress.
will not here discuss the effect of collision OF inter
growing out OF these conditions My object is &C
complished when show that it is kind oil legislation
complicated in It's character and dangerous 70 the nde
OF it, let avoid such restrictive interference with their
action Let not complics,e the relations between
lay foundation for difficulties TO be settled hereafter
II we adopt the new system which is here proposed,
we shall then have in the States two kinds Of ten
ure--one OF them free and unconditional, under the
grants already made and the other OF the limited and
conditional character defined in this bill.
This difference in the manner in which property will be
held must naturally lead to much confusion have here
OF the quantity OF lands in the several States
to which each of the two tenures would apply.
Thus in Florida. ssss, 7so acres would be subject to
would be held by unconditional titles In Iowa, twenty
eight millions would be subject to the conditions, and
itile four millions would be exempt from them 10
Michigan. they would attach to the title Of twenty ve
millions, while eleven millions would be held under pres
ent titles In Wisconsin, twenty seven millions would
be subject to the conditions while seven millions would
be held by unconditional grant These examples SUI
hcient TO show how the two kinds Of tenure would ex
tend through the States, and be applied to lands inter
mingled and lying side by side.
These conditions also limit the conveyance and descent
of real estate. AS only persons with specified qu,litca
lions take hold land. rules and regulations must
be adopted and officers appointed order to determine
who have The requisite qualifications Constant failures
in the conditions, and consequent reverson OF the title
10 the land granted mus. occur ns state OF things
unavoidable and complicated questions OF right under
the conditions.
mining in my mind as to the precise condition OF
the ttle and of the effect of failure IN the perform
ance OF the condition by which the titles OF the ind
vidual settler should be forfeited. Ii the land should
fall into the possession OF persons not qualified under the
law hold il, will revert to the State. become again
the property OF the United Ssaes BY the transfer o.
ment is Invested absolutely OF te and can rely only on
the contract Of the State to to the performances OF the
conditions then must revert to the State on the we'll
settled principle before adverted to- II the United States
the contrary, make only grant for apacuiar pur-
pose. and the accomplishment OF that purpose Is con-
dtion of the tenure, upon breach OF that condition the
property would to return to the original grantor
The last clause OF the BILL however, would seem TO in
dictate that the reveson would De to the state ana no.
quences The State, being the owner by indefeasible
title, would have the power to repeal the lew passed IN
accordance with the condition, and make any other dis
position of the property leaving to the United States the
underlined remedy for breach OF contract entered into by
State.
The repeal of the legislative act carrying into effect the
design OF the grant the disposition Of the land would
at once defeat the whole object of the government The
benefit designed for the landess settler the equalization
of properly end the free gift to the contemplated by
the friends of this measure, would at once be defeated
The State would become the OF the property hold
ing the absolute and ndeeasibe tte deprlvng the Uni
ted States of the properly without yielding in return the
benefit contemplated by the condition In such state OF
things there would necessarily arise controversy fruit
full of difficulties, contention, and troubles.
But suppose il should be determined that the United
States had parted only with conditional tne-wth the
right to follow its transmission, and to reclaim the prem
ses whenever they into hands not authorized 10
retain them for failure Of the condition. would then
be necessary for the United States take general super
ntendence OF the possession and transfer OF property
throughout the wide public domain. The interest at stake
would be most important one, and require No slight at
tenton Whenever land transferred by a State to
individual, the government would need TO ascertain,
through its officers, whether II passed into the bands OF
man who owned any other land to the amount OF 100
acres The inquiry constantly recur, whether the
grantee has cultivated the land for year. and IN case OF
sale from individual TO another, whether the proposed
ansferee has other lands which disaualify him to re-
and hold the title, and whether subsequent acquisi
tons OF other lands have any instances, defeated the
title of presen, holders of the domain careful guard
must be kept the NATTER that the provisions OF
the law complied with We shall be Obliged TO adopt
system altogether complicated than the present
sympe system of sales, for the purpose OF seeing that
the conditions performed. and enforcing the rights OF
the government in case OF their failure we could not
with Justice ourselves to the object sought to be at
tanned BY this legislation, with justice TO the inter-
ests of Community should the bill become law perform
duty under it, except by careful surveillance OF the
whole matter OF transfer and tenure in all the new States
And the reversion OF property under these conditions
would also bring with complicated questions as to the
rights and duties of the government. and an expensive
system for the disposal OF the land. think. sir in
whatever view may regard this matter, we cannot
fail 10 see that shall involve ourselves in labyrinth
Of difficulty, from which could scarcely expect to be
released.
nav remark here, that we have never yet departed
from the general and great principles OF the land system