Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1852-04-24

arise and assuming that such distribution Is an al
fair of right, not Of gratuity.
At Rome about the year Of the city 26S, Spu-
rius Cassus proposed law for the equal division of
the conquered lands among all the citizens, and
limiting the quantity each should possess to GER
tain number Of acres. This plan was originated by
the mover for the purpose Of gaining popular favor
and distinction He overshot the mark, however,
and missed his aim. His project was to divide the
territory, taken from the Hernici, equally among
the Roman Plebeians and the Latins. The People
of the city were pleased at first with the PROPOSE
ton. But, when they found that their neighbors
were to 90 snacks, they were displeased. Cassius
was charged with ambitious views towards the So
vereignty, and was thrown from the Tarpean rock
There were several laws of similar character pro-
jected at different times, but they generally failed,
and brought destruction upon their authors.
The measure now before Congress resembles very
much, in its spirit and principle the original Cassia
Lea, and claims the gravest consideration. The
agrarian laws of Rome (and this last mentioned in
particularly were, like ours intended donations to
the landless poor. But they had reference to the
policy of thus inviting from the overcrowded city
part Of its population to occupy and cultivate the
territory recently acquired. Our bill also suggests
the extension of agriculture, manufactures, COM
merce, &c. &C., but its adyocatesor at least many
of them-claim and urge the distribution proposed
as matter Of "gight;" and we desire to examine
this point in the first place The erpedieacy Of
thus gratuitousy disposing Of the national domain
and the po,cer of Congress TO do 50, we may after
wards consider.
To take the question, them as presented by several
gentlemen, but more distinctly by Mr.. JULIAN, we
ask: Has every man natural right to "laad"
as one Of the "maeans Of living ?"
In Genesis 1st, Goth, it is written: And God
said Behold, have given you every herb bearing
seed which is upon the face of the EARTH and every
tree in which is the fruit Of tree yielding seed
to you 1t shall be for meat" This seems to be
rather usufruct than fee simple; and, besides,
the grant is not very exclusive for the inferior ami
mails were placed by the next verse in the same
category And to every beast Of the earth, and to
every fowl of the air, and to every thing that
screepeth upon the earth wherein there is life, 1
haze giUea every green herb for meat" There is,
however, in the 10th verse of the 10th Psalm, a
more distinct appropriation in these words: /" The
Heaven, even the Heavens, are the LORDS, but the
earth hath he 9ioea TO the children Of men," We
may no doubt, therefore, justly claim to be the le
climate owners of the globe that nhabit by grant
from the Supreme Lawgiver But upon what par
ticular spot shall any be permitted locate his
warrant? There is enough for us all: Shall we,
then, be allowed to intrude upon the pre-occu-
pancy of another and require him to share his pos
session with us? or must we seek, in some vacant
territory, place to fix our natural right" to an
adequate portion of land
In the case of the children of Israel, COP, by his
servant, not only prescribed the National bounda
ries and the limits of each tribe, but allotted part
cular tracts to the individual families This is,
however, the only instance of direct Divine inter-
ference in the distribution of the SOIL The whole
concern has generally been left to those principles
and instincts that have been given us by the Creator
to guide to welfare and happiness.
Our physical structure and all our feelings and
sympathies prove that are created for communion
with each other in the order of families and nations
These arrangements have existed from the earliest
PERIOD and without them man would be little better
than beast of prey. One of the first social inst-
tutions was that of property; and we have instance
of the legal conveyance of land early eighteen
hundred and sixty years before the birth of Christ
Abraham bought the field in Machpelah from Ephron
the Hittte for four hundred shekels of silver" The
transaction is detailed in the 23d chapter of Genesis
The 18th verse says: I" The field and the cave
which was therein, and all the trees that were in
the field, that were in the borders round about
,cere made sure" In jeremiah 32d we read of
the transfer of land for a price in money, and the
"evidence Of the purchase" was sealed, according
to the lao and the custom"
Even at this early period, then, we discover that
the "r'ghs' to any particular piece of ground within
the limits of anatona appropriation was not regarded
as natural" but entirely conventional, resting
upon the common consent as evidenced by the legal
regulations of the country In fact this is the only
source Of title to what we own; and the whole doc
trine of "meuna and tuum stands upon il. as the
only true foundation. He who made the earth has
given it for our use but the precise portion each
may have depends upon fair acquisition in conformity
with the general social arrangements of the nation
where we dwell
five wish to claim under the "higher law di-
rectly, we must 60 to some region where no appro-
priations Of territory have been made. Within the
limfo ne nJoJ G.