Washington sentinel., 1854-05-20

posed that meeting adopted solemn resolution
that the public lands wers held in trust by the
United States for the benefit Of all the people in
the United States who had no lands, natives and
foreigners, and for all those foreigners who might
hereafter come 10 the country. Laughter] u
presume there is no gentleman here who would
carry the idea of trusteeshp quite far as that.
Ii we hold in the character of trustees il is either
for the benefit of all the people OF the United
States, and then il is more than saying that
this, like all our powers, is public trust, or we
hold for the common benefit of the different mem
bers Of the Union.
Well, if we do, how does that furnish any
reason why we cannot grant the lands, which we
hold as a Irust-iund for the common benefit of the
members OF the Union, the Safes, among the very
members for whom we hold them trustees! Is il
not curious argument II is first said The United
States are not owners of these lands have no true
property or dominion them, but hold them
merely trustees. For whom are we trustees
For the common and equal benefit of all the States.
II is proposed then, 10 take a portion of these
lands and apply them in particular direction for
the common and equal benefit Of all the States.
But we are told, "no; it is unconstitutional 10 do
that; you have no rghtful power 10 do III you
compelled 10 hold them for your cestni qne trusts
you are 10 keep them; you are not TO let the par
ties for whom you hold have the benefit of them"
The United States do not hold them, we are told,
for their own benefit but for the benefit of the
several States; yet it is required that the trustee
shall not permit the States 10 have the use or
profit although the only purpose for which the
trustee holds is 10 benefit the several States
common and equal footing of fairness.
You may, according TO this doctrine, grant any
amount of the lands you please TO the States in
which they are situated You may go there as
landholder, and you may grant lands for univer-
sites, you may grant lands for primary schools,
you may grant lands for canals and railroads,
you may grant lands for court-houses and seats of
government. Anthat as a landholder, you have
right 10 do but what becomes of the character
Of trustee in the mean time! These ideas are
not exactly reconclable. If we are, in the true
and proper sense of The term, landhoders. if we
own the lands then we have the right 10 dispose
of them. If we do not, if we merely trustees
for the benefit ef all the States equally, where do
we get the power, as trustees, 10 give away por
lions of these lands for the purpose of building
colleges and erecting primary schools in The States
in which they lie? The argument has been often
urged, that, when we grant them in alternate sec
tions tor canals and railroads, double the price
of the remaining sections; and this is the advan-
tageous operation which is produced to the great
landholder, the United States. believe we al
pretty well know, however, that the theory is not
true in point Of fact. II has been spoken of, and
is what the law contempates but it is result
which the law has not produced. But assume that
TO be SO, how is it that your prudent landholder
gives away lands which do not belong 10 him, but
which he holds in trust for the erection of col
leges and primary schools, for the building OF court
houses, and for erecting seats of government
How do these bring money into the pockets OF the
owners of the lands No otherwise than any
prudent gift or disposition by an owner to those
who will improve, may ultimately be of advantage
10 him. But they are not given upon any con-
tracts or stipulations by which the value OF the
public lands is 10 be increased and the whole
thing, therefore, it 10 is entirely falla
cious. II we are trustees, surely we may be al
lowed 10 give small portion of those landsto all
the States. If we are not trustees if we are the
owners, then the lands are ours, and we have a
right TO do with them as we think right and just ;
and in that respect constitutional objection at
all can be taken 10 this disposition.
Mr.. President, we are reduced to very singular
condition, in consequence of the Interpretation
given 10 our connexion with these public lands
Now, let me ask the attention of the Senate for
moment, particularly with regard to the State
which have the honor here TO represent, and un-
fortunately, at present without any assistance The
State Of North Carolina was one of those States
which made grant of her western territory TO
the United States; and il will be seen, on examna-
ton, that upwards of three millions and half of
acres of public lands ceded by North Carolina
upon the same general terms on whichihe cessions
OF Virginia and other States were made-that the
lands should be common fund for the benefit Of
all the states-were. actually granted BY act of
Congress TO the State of Tennessee. Upwards
Of three millions obtained from North Carolina
were ceded by the United States in body 10 the
State of Tennessee. upon condition that Tennes-
4 see Shouiu apply S4OOOU to endOW q tennessee
/ college! What has North Carolina ever got Of
all the public land Nothing except during a
short period when act Congress prevailed
for distributing the proceeds of their sales among
! the States. She gave up her western territory
| for the purpose of aiding in the general pacifca-
| tion and harmonious operation Of the government
established under the Const ution. She gave it
] up expressly on the face of the cesson, as fund
for the common and equal benefit of all the States,
herself included. How happened il, then, that
| Congress got the power to grant that land TO the
1 State of Tennessee Why it could have been
for no other reason in the world than because the
land happened 10 be situated in the State Of Ten
nessee.
1 But, inasmuch as the cession was made with
/ the express purpose of establishing State, it is
very certain that North Carolina, when she
granted that land 10 the general government in
| order that State might be established, did not
intend that it should be thereafter granted 10 that
/ single Stale, excluding herself and every other
member Of the Union. She lost the whole of it..
| She has never received Of the public
lands. She is told it is unconstitutional TO give
her anything. She is told the public lands may be
| given to anybody but 10 herself and other States,
who situated like herself do not complain
/ of this cesson 10 the State Of Tennessee | dare
! say, under the circumstances, it might have been
1 a rightful cession. ! do not mention il now as
matter of complaint, but of illustration. | do not
complain, as general observation, ofthe cessons
made 10 the new States for their universities and
| COHeSes, anu primary oCHooIs, anu Todus ana ca
mails. There may have been extravaganza and
waste but, upon principle, do not object to
proper appropriation OF fair portion of these
lands for the purpose Of advancing the prosperity
| of those western States. | do object, how
4 ever 10 a principle which afirms that, while il is
| right and lawful, and reasonable and just TO do
all this, it is an enormous wrong, and violation
of The Constitutions give TO any of the old States
any portion whatever. for any purpose, however
1 good. Of this public domain
! If that act of Congress to which have referred
could have been permitted to remain, if we could
have prosecuted that division of the proceeds of
| the sales of the public lands among all the States
| the State of North Carolina would, in the years
that have passed since the distribution, have had
paid into her treasury money that might be useful
TO her. So with regard 10 all the old States
have had careful estimate made. from which !
find that, under the provisions Of that law, since
lS4l, there would have been, up TO 1852, the net
sum Of Sl5.667,9l2 for distribution; Of which
Moth Carolina would have been entitled 10
| S63s 1886 That, however, is stopped il is found
TO be unconstitutional, TO be unlawful so 10 dis.
pose Of the proceeds of the sale Of the public
lands! They go into the Treasury and, being in
the Treasury, they cannot be taken out for the
purpose OF being distributed among those who are