Weekly national intelligencer., 1852-05-22
THE PUBLIC DOMAIM.

"A uuty HduSs oVcI Us, III IckdIu W tnt qucouoh
Of the Public Lands, which we cannot feel at ease
until we have discharged. That duty results from
the impression has been communicated to us
by one Of the Members of the House Of Represen-
tatives who cannot entertain any unknd feeling to-
ward US, and it may, therefore, existo on the mind
of other gentlemen similarly situated that in the
remarks made in this paper upon the occasion Of
the recent passage by that body Of the bill known
by the seductive title Of the Homestead Biu, we
have done injustice to some Of the advocates of the
proposed gratuitous, and as we think wasteful, do
nation Of the Public Lands We thought that, in
addressing our readers on this subject whilst treat
ing it with the gravity which the magnitude Of the
question demanded, and with the earnestness which
the occasion justified, we had made due allowance
of respect for the opinions Of those who had not
considered the question in the same light as we, or
had been influenced in their views Of it by defer
ence to the known wishes Of their constituents.
We certainly intended to do so. The task Of laying
before our readers the objections, which we consi-
dered insuperable, to the policy Of this transcend
emily important measure, was as unwelOcmc us we
knew it to be thankless. It is not the first time
thatwe have felt ourselves obliged to disregard per-
sonal considerations in the discharge Of an over
ruling sense Of public duty; nor, we trust should
circumstances occur to require it. will it be the last
We endeavor, however, at all times, to address our
selves to the reason of readers and avoid giving
just cause Of offence to any one Of them. If we do
not always succeed it may be that have been less
careful or our readers more sensitive than usual.
To redeem the reputation Of this journal from the
imputation Of il-temper and injustice in its oppo
sition to the Land Distribution Bill, is the duty
to which we allude in the opening Of the pre-
ceding paragraph. In obedience to its dictates,
now proceed to reoiev the question, and offer to
we trust will more fully awaken their attention
than we have yet been able to do to the character
IF that measure.
IN regard to the PUBLIC DOMAIN, two ideas seem
to pevail to considerable extent which certainly
have M foundation in fact or in law: First, that
the Statesin which the Public Lands lie, and par
ticularly the new States, have some color of right
to dispose Of th,se within their respective limits
and, secondly, thai Congress may not only dispose
OF them, as it has heretofore done, by way of pay
ment for military services, or for the purpose Of
carrying into effect great publi,> improvements
the same objects, in word, as those for which
money may be appropriated from the Treasury of the
United States-but may give them daoov capricious-
ly, or in order to be relieved from care o, mportu
nifty respecting them These ideas, we say, seem
to prevail to extent, having been suggested in
different quarters. But they cannot co-eria; for
if the new States have any right such as has been
nsinuated for them, Congress does not possess the
authority which is now attempted to be exercised,
to distribute gratuitously the Public Domain to all
corners, without confning it to citizens the
United States.
To aproper understanding of the claim of right on
the part of the several States in respect to the Public
Lands within their respective limits, and of the
paramount authority of Congress over the whole
subject, brief examination of the origin and his
tory of the National Domain is intended
For the purpose of this examination, we had with
pains collected from the public records the ne
cessary materials and were about to put them to-
gether, when we met with condensed statement of
the of the old States, and the new States form
ed out of them, in the printed Speech of one of the
Representatives in Congress from the State of Maine
(Hon. 7. J. D. FULLER which, as far as we quote
from it, we take leave to adopt, as follows:
"The UNITED STATES acquired oil its title to the public
domain Of the Mississippi and north Of the East and
West Florida ne from Of the States Of this Con-
federacy.
$780, October TO- The Old Congress- for the purpose Of
inducing and encouraging such Of the States laid claim
to the Western Territory cede the United States for
certain purposes therein specified the public domain,
passed the following resolution:
"That the unappropriaed lands which may be ceded
nqushed to the United States by any particular State
uant the recommendation Of Congress Of the 9th Of Sep
ember last shall be disposed of for the benefit Of the
States which shall become members Of the Federal Unon
and have the rights Of sovereignty freedom and nds-
pendence ms the other States A
This the pledge Of public faith made by the Old
Congress the Land States induce them to cede their
lands the United States What followed9 1t win be
borne in mind that this was before the adoption Of the
present Constitution.
al 17S1 March /. The State Of New York, in the old
Congress- her Delegates executed deed Of cesson
the United States Of her claim all territory lying twenty
miles west of the westerly bent inclination Of Nj
agara river; and the material part of the deed is in
these words To be and iue for The ue and benefit Of
such Of the United States shall become members Of te
Fedora, Alliance Of The said States, and for other
purpose Dhatsoever.'
2 1884 March l. Virginia made her deed Of cesson in
the following words:
" That all the lands within the territory ceded TO the
United States and reserved for appropriated
the purposes disposed Of in bounes to