Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1857-03-25
lpmehoar0 JtrNtntaH.
Morning. March 10. 1897
Partition Of the Psbiic Lands.


in full in our columns announcement, but we pro-
nose making extracts from it from time to time
until we have presented all that is applicable to
the ouestion as it stands. Mr.. 5. had Of
fered resolutions asserting that 1.-The appor,ion-
ment of the public lands among all the States of
the Union for purposes of internal Improvement
and popular education is the most equitable and
the wisest disposition that can be made of the
same"
We make our first extract:
1t is well known said Mr. S that at the period of our
revolutionary struggle, Of the States held large
tracts of Incorporated lands while others hadnone
that the disposition 10 be made of these lands formed
one of the most serious embafrassmcnts that Occult
red in the progress of the revolution that ofthe
States actually refused to become members of the
Confederation until some equitable mode OF DISPOSE
ton should be agreed on, that this Fesing question
dis tubed the harmony and weakened the force 81
the continental counsels, that, nj critical jupenre
in the affairs Of the colonies when the ct aef
ty was perilled by the discord and division arising
from this subject Congress passed resolves strongly
urging upon the proprietor the cession of their
waste lands for the common aud benefit OF all the
States that parties TO the contest for freedom,
so, that in common struggle for common rights
and common liberties, all cause for dissatis-
faction might be removed and unity and concord
stored; and that, in pursuance of these Ieeommendn
tons of Congress the proprietor States did cede 10
the confederation their millions aud hundreds OF mil.
lions of acres of unappropriaed territory,
mon fund for the aud benefit otall the States then
existing, or afterwards 10 become members of the
confederation. New York FASTENED to tue rescue and
Massachusetts and Connecticut and North Carolina
and no, last nor least Virginia to make the lar
gest noblest sacrifice of al surrcndering she did
a magnificent, empire, aud for no other consideration
than the prompiings ( generous patriotism, aud an
ardent devotion TO the canse which had confcderael
the colonies in common struggle. Sir, it
example of exalted patriotism and magnificent gen
crosby, which has parallel in the history Of
States
"Now, be it remembered that these oessions of ter
ritory made upon certain stipulated conditions,
on certain indicated trusts, the main and governing
one of which was that the coded ands should enure
to he com good Of all the States.
1t n useless consumption Of time, said Mr.. :.
TO read TO the House the various acts Of ccsson sui
fee il to say that those who will examine them will
find that all of them either expressly stte ress
,ably imply, tins condition and trust, that the coded
lands should be for the common nse
and benefit of all the States according their usual
respective proportions in the general charge and e..
penditure'-uot Of tbs glorious old thirteen alone,
that had fought and the battles Of Independence
but of all that should thereafter range Themselves un-
der the stars and stripes Of the American non.
"Sir it was not only expressly so provided in the
deeds oil ccsson, but the highest Judicial tribunals OF
the land interpreting these deeds have expressly
ruled that the lands originally hedby theprorrietor
States and by them coded to the Federal Government
constitute trust fund fer the use aud benefit of all
the States and that Congress Is the trustee bound to
execute the ilust ty tana f}, disposition of the
trust fund for that common purpose, aud no other.
In tie case of poldridge Thompson, >, WhcqJon,
p 467, the Supreme Court of the United States sad.
at has been truly observed that while tho Gov
eminent OF the Union Is To be considered rs holding
the territory coded 10y Virginia IN trust tar the officer
and soldiers of Virginia, lar the reservation
for their benefit extends it is nso be sdere1
MS holding the lands not reserved trust fer M
nGt,on and being bound by It's high dates to exc
cute the trust
And in Jackson Clarke, Peters, ppge e28
after citing the Virginia deed Of cession, the court
said
"The Government of the United States, then re-
ceived this territory IN trust not only for the Viz
gina Troops continental establ. shment. baf also
for the ami dBcff Of emeplsr = he Gonfcderar,
and this trus is to be executed by faithful aud
BONG fde disposition Of the land for that purpose
1.-THE trust character then, of the land fund, has
been settled by the highest judicial decision.
And not only has this doctrine received the adjud-
cation of the courts, but legislative sanction also
Soon after Virginia had hy the proper deeds com
pleed the cession Of her North western territory, n
modification of the terms of cessiop, in some unim-
portant particular, was desired by Congress and
Congress made formal application to Virginia for
permission to make TIE desired modification which
is a clear admission that Congress has no absolute
unlimited authority in the premises, but is bound by
and has power beyond the conditions of the leet
of cession. For if the power of Congress over tho
subject be unrestricted aud complete; IT, like III,
power TO raise an army or equip navy it be full ant
plenary, why was il necessary for Congress appl,
TO Virginia for leave TO vary the terms Of the CON-
pact of cessou2 This were surely, undoubtfu
concession Of Congress itself that the original deeds
of cesson, with all their conditions, provisions ant
trusts, stand upon their own immoyahe basis, be-
yond the reach of the long arm of tie law making
power itself
''Not only has the doctrine had both judicial anl
Legislative sanction, but executive appreciation too
In his message OF December the ith, 1888 Gen Jack
son said that 'the lands coded to the United s
by the States which claimed, them and the cession
were accepted, on the express condition that the,
should be dispos,d OF for the common benefit of tn
States, according to their respective proportions il
the general charge aud expenditure and for no olhei
purpose Whatsoever And he vetoe the land bill /
is well known because in of its provisions il
violated the fundamental condition of common ben.
eft" which runs through all the deeds of cesson
mol. sir. is our own sanction wanting The Hons,