The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-06-10


the new States or their universities and colleges ana pm
mary schools, and roads. and canals. There may have
been extravaganza and waste but upon principle, do mol
object proper appropriation of fair portion OF these
lands for the purpose of advancing the prosperity OF those
States do object however, 70 principle which
arms that while right aud lawful and reasonable,
and lust TO all this,it wrong, and vo-
aon of the constitutions to give TO any OF the old States
any portion whatever for any purpose, however good OF
this public domain.
IL that act OF Congress 10 which have referred could
have been permitted TO remain ii could have prosecu-
ted that division Of the proceeds OF the sales OF me public
lands among all the States the State OF North Carolina
would the years that have passed since the distribution,
have had paid into her treasury money that might be USE
full her So with regard TO all the old States. have
had careful estimate made from which find that, under
the provisions of that law since 1911, there would have
been, up 1882 the net sum of s566942 for dstrbu'
ton of which North Carolina would have been entitled 10
s63s 1856 That Is stopped; is found TO DC
constutiona-o be unawful-so TO dispose Of the pro-
eeeds of the sale of the public lands! They go into the
treasury and, being IN The treasury they cannot be taken
for the purpose of being distributed those who
the rghtfu owners is said Of the fund which pro-
duced them. Then round and ask that you will
give share of the lands themselves; but told,
No; the United States cannot do that they hold these
lands trustees for you and how they bold them If
they part with them your Ii vioaon of their irust
is violation of the constitutional obligations resting
upon them"
Mr. President gentlemen from the old States may be
fed with this admirable system OF constitutional law, and
equitable appropriation of fund IL may 10
them that they thus realize ancifu abstraction, some
constitutional vision of theoetc perfection, and this being
and becomes matter of importance what becomes OF
the domain or TO what purposes is practically applied
but, sur for one, am mol SATISFIED win the reasoning
which leads such result and still less am satisfied with
IT. when Is applied to the territory Of the United States not
coded by the States put into the hands of the general
government upon any trust express implied, but which
has been conquered by the Of the United States,
acquired by treaties made by the United States 10 hold
the doctrine that the government thus acquiring, having un-
doubleday the whole domain being absolute
proprietor according the laws of nations has power
permit and prevented by the principles Of constitutional
and justice and equity, from permitting any part OF
that domain 60 the benefit and advantage of all the
members Of the Unon equally may satisfy minds,
but il cannot satisfy mine.
1t is said that you sell these lands put the proceeds into
the treasury and thus each of the States derives equal
proporonae advantage from them That idea Is faia-
cous. We have the benefit of these granted lands
as common fund upon terms OF equality. Wen, you say
put the proceeds into the treasury and they so to our
benefit. How so? Why sir, there has been four times,
yea eight tines as much money appropriated since the es
adjustment of this government within the State which my
friend in my eye Mr. CLaYToN represents, than has
been appropriated any way by this government for the
benefit of the State Of North Caona Now, with regard
the lands ceded the rule laid down the deeds of cesson
if advert and be governed by them, plain
that the proceeds of the lands should be fund for the
common and equal benefit of all the States, according 10 the
usual and established of charge and expendureac
cordng the compound principle upon which are liable
contribution, according to federal numbers Then,
when this money which received from the public domain
goes the treasury, and paid IN the ordinary
rendures of the government does not return TO the States
upon the principle the discharge of the duty Of trustee
trust General Jackson says these lands were coded orig
nay at the instance of Congress- first to enable
them to pay the debt. That paid Then, he says
the lands remain be disposed Of for such purposes of
general utility and advantage 10 the whole people Con-
gress may deem right. willing to take that ground.
am willing to own, if gentlemen please, that we are not TO
regard the further purposes expressed by the deeds
ceson If to lay that out of view, then, beyond
all dispute, we have power to do we think far end
right with the lands but If cay that the pro-
vision of the deeds of is st binding and obga-
tory, that the lands be applied fund
for the benefit of all the States according the rule by
which they charged in contributions TO the United
States, then IT is impossible 10 perform that us If you
put the money into the treasury When the government
makes appropriation, il makes Il according 10 the gem
era necessity Ii the State Of Delaware from It's position,
has required that immense amounta of public money should
be expended there, admit they well expended, and
expended for the public advantage; but then that not
disposition Of this fund.- If be trust fund, for the
equal and common benefit of all the States. North Caro-
lima claimed Virginia claimed, oil the States which made
Of land claimed that the proceeds Of the ands
should constitute fund for the equal and common benefit
Of oil the States the cedng State Included How is she in
euded if you take ALL and appropriate It to one State Is
she included upon equal and footing you give
another State than you give to her 10 proportion to
her population, SIZE importance and contributions 10 the
common treasury of the naton3
Sir, my understanding, it is clear demonstration
either there attached TO those lands there
II there is trust and the United States them prop
ey absolute property IN perfect ownership then the pow
er OF disposition the part Of the United States
ly legally but morally complete and full That power,
whatever is, the constitution Of the United States in
Congress and therefore, Congress has 10 dispose of
he lands as It shall think fl and proper Thus in this
view Of the OIL constitutional objections must disappear.
Bot IL with regard The lands cedeI the Unted States
by individual members OF the Union, the substs,
why, err II 10 paltering with IN double say
that you discharge that by selling the lands and put
ting The proceeds in the treasury. You do do IL you
apply the fund 20 purpose and IN manner which was
not designed The debt that il enable the govern
men pay has long ago been discharged and therefore the
money, instead 81 being mixed with the general funds IN
the treasury, ought according 10 the principles Of equity
and right, II you the idea IL for the
benefit OF all the Sbtes TO 60 TO- ought always have
been distributed among the members OF tho Union,
them not only the law but tho equity add the justice Of the
case That ~ what u II the OF private trustee,
any court Equity earth would decree AID is what
therefore II the principle Of trust the Congress
Of The led Suites, ~ my judgment is not only lbcry
TO do, but s bound 10 do
Nov, Mr.. President, the situation in which hese old
States have placed themselves We have granted to asy-
um IN kentucky and Connecticut thou
sand and forty and those grans believe con
stue the whole % grants the benefit or
any Of tho old States Of tho Union; while granted
TO the new States quantity which estimated the ordinary
low price which fix them the value Of Al 25 an acre
would be worth 1888 los, ISL Sir this cannot be- right
Gentlemen may have logic for IL; bat mp1ssibe thai il
can commend itself TO usuce and may that sys
tenn ofreasonng which results such conclusion Obliged
70 &c iaacous The States equals power md dignity
They have oporonal rights in the public domain upoa
The suppositon Of aras Bat whatever be the amount Of
the right the right is peeet and shoud Be ashamed 10
stand up nnd tell my constituents you have ground Of
compainti ~ " true, than three millions acres OF
anas oeded by you for the purposes the country
have been granted by Congress individual State More
than sl3OOO0011 worth of land situated the new Sates
has been granted TO those States for vao-s nterna i'm
provemens and other local purposes Not az acre has ever
been appropriated for benefit,