The daily union., 1852-02-13

country man can doubt mat lbe most liberal poiey
should pTeyail-a policy which should best the
settlement oil the country and the freedom and the inter
ess oil the purchasers. Even IN the despouc govern
OF the Old World much OF the ilibera and resfic-
tive policy OF former times is discarded Yet here there
in quarters TO be disposition 10 retain, with
iron grasp, the power which the title 10 the public do
main bestows.
In respect 10 this ownership OF the unceded lands with
in their borders the condition oil the new States Is pre-
csely the reverse OF that Of the old States N tins Union
Upon the separation Of the colonies from Great Britain,
the right 10 all the territory within their respective limits
was fully recognised IN the States. II is in the new
States only that the right does not exist II was never
denied 10 Massachusetts, Virginia or Connecticut The
State authorities succeeded TO the right OF eminent do
main held by the Crown, and have always retained H.
All the lands within their limits not owned by indiyldl-
ais became me properly oil The state by y5iue oi mus
North Carolina, OF Georgia. Connecticut, and oi Souh
Carolina TO the territories in the West held
by ihs right and by no other was simply right de-
rived from the fact that the lands fell within their limits
and therefore the government was the owner The re-
versed condition of the States in this particular
finds parallel in any OF the older States OF the Union
On the contrary, The principle which recognised IN
regard TO all the original States is denied to all ihe new
States, and the title by which the land OF the old States,
held by virtue OF this right was transferred to me general
government is the title under which The public DOMAIN
in the States is possessed by the latter The
territory Of the Satesthe land States as they are
called twelve in ceded to the United States
which constitutes the States OF Ohio Indiana, ILL
nos, Michigan, and Wisconsin In 1857, South Caroi-
constitutes the States Of Mississippi and Alabama O!her
States made similar cessons BY these cessons the Uni
ted States became the OF immense territory About
the time OF the formation of the confederation these
sons began be made They had their origin in ap
prehenson, which had become extensive, OF the undue
Influence which the larger States might have in the con-
federation about 10 be formed.
Maryland and New Jersey for time refused TO be-
come members of the confederation. They alleged that
the large Staes-Virgnia and some ohers-claiming ter
rtory extending across the continent to what then
Sc WOul
power the small States that in such confederacy
the influence OF the laer-the small States-would be
lost, and that OF The former become supreme Virginia
then embracedas il would now but Tor her cesslonthe
whole OF the territory northwest OF the Ohio COM
prlsing five States OF The Union. The excitement and
agitation growing out OF the controversy and the spirit
Of jealousy which engendered had well nigh thwar
ed every effort al confederation and il not until
The cessions were made of their unnhabited territory BY
The great States that the country quoted and the
confederation safely established
In order 10 show the relation which exists between the
general government in the administration OF the public
domain and the States within whose limits il lies, wish
call attention of the conditions which this
cession was originally made. These conditions, IN my
humble opinion TO the States the right, and
impose the general government the duty OF adopting
liberal policy the and disposition OF these lands
The States, within whose limits they lie, have
right 10 expect such policy as, while i advances the
interests OF the general government, shall also the
settlement and prosperity oil the State
In the grant BY Virginia, is stated to be condition
that the territory ceded shall be laid out and formed
into States containing suitable extent OF territory, not
less than one hundred more than hundred and
fifty miles square thereto circumstances will
admit aud that the States so formed shall be distinct
publican States and admitted members OF the federal
Union having the right of sovereignty, freedom,
and independence, as the other States"
The cesson made by Georgia required the territory
ceded 10 be admitted State, in like manner, when
ever il should have sixty thousand inhabitants The
dinance OF 1857, which provided territorial govern
ment for the country ceded by Virginia, also provided for
the formation OF not less than three than five
States and fixed their boundaes-each 10 be admitted,
when IT had sixty thousand inhabitants on equal
footing with the original States in all respects what
ever" What would have been "equal footing" with
the original States That provision sufficiently
comprehensive TO carry with IT eminent domain aud the
absolute ownership Of the unapproptated land II they
had been admitted ION equal footing with the State
OF Massachusetts, any other OF the old States most
assuredy every foot OF territory owned BY the Uni.
ted States would have been the property OF the States
within which they lie There would have been no
power in the general government to control the DISPOSE
lion OF the lands in Ohio, any other OF the States
formed in the ceded territory, but the title OF those States
would have been perfect. Such would have been the
effect il the provision which have cited had stood alone
in the ordinance But there another provision in
that instrument. which changed entirely that "equal
footing" There was restriction imposed; and II is un-
der that restrictive clause and subsequent action IN
cordance with its provisions, that the federal government
at this moment holds and administers the public lands
in Ohio, Indiana, illinois, Michigan, and Wisconsin.
That clause in the ordinance OF 1857 withheld the title
from the States by the express declaration that the
legislatures OF these districts, States, shall
interfere with the primary disposal Of the soil by the Uni
ted States in Congress assembled nor with any regula.
lions Congress may find necessary for securing the title
in such soil 10 the bona fde purchaser" And in
rmaon OF this provision OF the ordinance OF 1857, when
the States admitted into the Union they
required TO give their assent TO similar restriction upon
their equal footing" and equal rights with the original
States Their express assent TO the restriction is found
in the compact made with ALL nearly all, OF the new
States on their admission into the Union.
The constitution OF the United States, adopted in l7s7
provides that Congress shall have power 10 dispose OF
and make all needfa rules and regulations respecting the
territory or other property belonging TO the United
States" Some OF these cesslons were made before the
adoption OF the constitution, and some OF them subse-
quenuy
These provisions show the manner in which the
United States acquired the right to the land in the new
States, aud the purpose for which II ceded From
them able TO ascertain the design OF those who
participated in the apslcton at that day and their anc
paled results OF the cesons They Indicate, also. what
necessary TO be done by the federal government
their part in order TO secure the full ruon of their
hopes. What was this great object II was not TO OBJ
tain the benefit oil accession oil ioreen territory; II
not 10 revenues from existing commerce,
the right TO levy taxes upon rich possesslons or 10
gain an accession OF population then existing The
try was wilderness without commerce, without wealth,
without inhabitants, The savage OF the forests The
object OF this grant fully and explicitly declared in the
provisions to which have referred II was to build up
States Ii TO enlarge thus nation by adding State al
ter State to the glorious conederacy which fathers
were about TO form. II 10 build up powerful
public upon principles of government which were not
then existence any other respectable nation the
world. II TO establish the principles OF free govern
ment TO increase the strength o the nation, and to give
permanency and vigor TO lis institutions. Everything
which necessary 10 advance these objects, and 10
build mp and organize States in that great valley, and
prepare them for admission into the Union, was devoved
n l. IL H..