Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1857-04-28
CHARbaS70WN..
ruesday alorntag, April %, 1857.
LFcr the Spirit of Jcfferson.l
Public Lands.

MEssEs EDrToRs:-This suhject,i IS manifest is to-
Become the engrossug top public attention and
will be thoroughly examined and trust 10 the es1-i
;;re uprootipg of the present unjust and unequal
lsnd-system.
The National Intelligeucer has ste,ei one side Of
tae case and opened the discussions and all the pa
pars of the country will be arrnyed one side
OF the otler.
1t is agreed, on all hands, that these lands area
common property, and whether cedeI by the States,
conquered purchased, to be disposed Of by Q
government for the common benefit of tue Uutcd
States: In regard even to the lands ceded by the
States and it matters not what may te the Partcu-
lar terms of cessio the cession binding according
SC the nature OF their ttle ard farther
No language used i'll the acts of cesson can chang
or enlarge their truo ownership or bind the trustee,
in the disposition Of tn lands for the common ben
eft" beyond the true nature, and substance, and
merits of their title. II is the ra9e in law Of an in
d9dual who conveys greater estate than he owns;
TIE conveyance is good 70: the estate lie owns, but
nct jot more. If he conveys fcc-silaple when he
has only fe-estate trust estate, only the
liz! estate or the trust estate will pass whatever be
HE language.
THE question arises, then in regard TO the lands
ce3ed the general government i'v the States, what
WIS the nature of thcir title and ownership? For
luR. as the cedng States held those lands, or their
go<ernments, does the government of ihe U. States
no:v hold them. If the ccding States could not,
justly, them for revenue, give them t" incor
poEatvd companies neither can the general govern
meat do so, but only dispose ofthem tu' the COM
mdn benefit" of those entiHed 10 them: And my
prfpositiou is that whether used by the States or
tha general government, for revenue, CT, lngfts 10
incorporated companies, ther are not and cannot be-
in Chose ways equitably disposed of foT the com
mCs Gcucit bat are Of necessity, disposed OF Tor
tho benefit of minority Of the people, who have al
really their full shurc of this our common heritage
Of 3nrth.
When we speak of the rights Of The States ceding
1he:c lands let us undersinnd what is meant by the
term Slate The government is not the State: nor is
thecrritory but the people, only, are the STATED
If Iublic lands them considered as te.onglng to
State the meaning, nnaysed.and extracted, s' that
tLeE belong to the propie of the States; and If as
belonging to the United states, the mca"ing s, they
bcGing to The people Of the United States. All the
pcolc have equal per capita or head rlghis no one
OWES more than another; and the government 49,
onl: trustee to dispose of them for the common
benkft of all the owners and has no ri ht 10 make
anvsother disposition of theIE. The government III
neither case State general, would have rIRh' 10
tax such lands for revenue nor to give them away
to Incorporated companies for, in ne''her OF these
casea, could they be disposed of for the common
bcnoft' of the true ners--the people
YIN cannot, justly, tax common and unoccupied
lands for they yield nothing; and there is no oEe
10 p:, the tax unless you would impose Al he06 or
pou :tnr upon the principle that the owners lno'-
vidn:aliv, should he taxed on joint and uhprnduciVe
pr0,S.rty If YOU net ON thai principle, lhen, You
are ,xing in the most unjust and "dious OF ak the
T,rus of taxation You would cast the burthen OF
,o,rzzgoverpment on numbers, not property and
no , moor under the present institutions OF society,
will lie always the most class, the burlhen
vouj:i be imposed on them. The government how
ever dares not toprocee in this manner Tor the
,,rcss.,re would be Instantly felt by numbers; the
na,uEe of the tax inquired into and s1erDy resisted
and Gu, down Yet the same end, is accomplished
or imposing the burthehs of government on numbers
;stc:a of property, in a less obvious, but in far
,noresusurious and runous way in a way that cuts
aowrS the tree too come Mt the frnitI Tae govern
roent:selIs the lands, and tho proceeds for its
onrpEses of revenue, gifts TO corporations; ana
as numbers own largely the most of these lands OF
coprs the largest part of proceeds is extracted
from Them for these purposes: And, in this way, is
IN ,hs many; not only to their hopeless imPoTer-
ibmeot but to The disiuheriting of their children
and rSbbing them of their brthright in ,he Put'Ilc
lnndsS It had been far better for theu and fort cir
cbildn too, to have paid the poll tax, than to
hsvo Sbe;r inheritance in part sold out and saeri-
6ced 3 n few spectators at $l.25 per acre, aud
.sn ;be remainder OF the same inheritance gratnit
o.,v conferred on these same speculNtors TO build
rof6th heir N
ord u enhance hese lands, so osacri6ced 90 Sl6 or
$40 per acre to be sold back to the 0r'E'rA owners
or,b4r poster1ty. with this additional PrtGcPut up
on them, by the robbery OF their own ues''E A"u
vet is the analysis of the tFansaction:o selling
lands ior revenue Tor the distrion'lon OF !ne'F
fthose proceeds are to go to railroads or
al4improvements where chiefly and di-
andholders and the rich are bsRetisted,
tlie poor aud Iaudless, only indirectly, and in
an in ;ujEaeasurably inferior degreel
what then. is 10 be done With public lends, wild,
sbappropriated,. and in. a state of nature by the
tr,,stss who is bound by the snguage of the trust
~ 1isr,se of them for the copuou 6enetitPof the
TTn;,s8> STATES? Nv answer is, that the rust can
only he executed, in fidelity, when the lands are
fairly spportioned among the citizens who VIII ss,
lie ana cultivate them, and ceased 10 oe s2!u a.'V
used az revenne for the general goyernmMe.'t M q Ss
the purpose of distributing process ei'1ns tAe
sS,ks SoF any purpose For tbs doctrine desire e
mai.,tSin IS that according sto,the laws e nstufai
insficcE occupation and Statement eonstssRte ths
on1s t,S,e and solid toandaio of title tesaay por
ton OF earth and that If The trustee viii edheFe 70
those Jaws the subject matter of the trust viii ge
Saaitab,s disposed offor the. feommog henepf
the Irue owners, than in other nieFsof dts-
ii. Let US exanin this doctriRs by sae
iigbts ef history reason and utility Ara FIST q
bistory. of occupation and ssssEsfsps ss