Cooper's Clarksburg register. [volume] (Clarksburg, Va. [W. Va.]) 1851-1861, 1857-05-15
DIVISION, OF THE LANDS AMONG
THE STATES.

dress Of Hon. C.J. Faulkner. and COM
mend i. to the careful perusal of our rea-
ders.: .gs.H.t .. .f.,.-..i
will now proceed to examine some Of
the most prominent of the schemes OF
plans which, as Mr.. Clay has well re-
marked. restless men, impatient of the
slow operation of4Bise laws, are constant.
ly throwing before the popular mind in
reference to the public lands" The first
shall notice is The scheme for division
Of the public lands among the States.
Several plans having this object in view
have been laid before Congress during the
last few years; and although at times
pressed with some seeming earnestness.
they have attracted but little favor, and
have been soon abandoned. The. .practi-
cal difficulties in4the way of any fair aud
equal division of the public domain-the
striking imperfection and injustice OF all
the schemes SO far submitted, the perni-
cious consequences which must flow from
such an unwise measure if adopted. and
the constitutional impediments to the exc.
cution of all such plans-haye made them
rather the subject of just ridicule than of
grave discussion. being regarded rather
as bids for local popularity at home than
designed by their projectors as serious eff
forts o. legislative policy.
, Mr.. Webster. in his celebrated speech
delivered in the Senate in 1929 upon
Foote'S resolution. has placed the duties
and obligations of the national govern
ment on this subject in its true light
After reciling the conditions and trusts
upon which the federal government held
this public property, and for the fulfill
ment Of which the national faith was and
is pledged, he says:
Zone of these conditions or trusts, as
have already said, was that the lands
should be sold and settled at such time
and manner as Congress shall direct
The government has always felt itself
bound in regard to sale and settlement to
exercise its own best judgment. and not
TO transfer that discretion to others. 1t
has not felt itself At liberty to dispose of
the soil. therefore. in large masses TO iu
and manner Of settlement. 1t had stipu
lated to use its own judgment"
Again, in the same speech, he said:
II look upon the public lands as
public fund. and that we are no more au-
'thorized to give them away gratuitously
than to give away gratuitously the mons
ey in the treasury"
Again, in 1887. he repeats. with still
greater emphasis, the same ideas
"Now, | ask where is the power to
make this grant? I? If we look upon it as
cession for the benefit of the States in
which the lands lie, if it was gratsuitouS
grant in any degree, whence is the pow
er obtained to authorize Congress to give
away the public lands Well. the an
swer to this question might be, that the
proposition is not to make a gilt of it. as
certain returns were TO be made to Con-
gress by the new States. Now, by the
Constitution Of the country, the trust, the
disposition Of the public lands was con-
ferred on Congress and ask, is it pos
sible that any man can maintain the pro
position tina: as they were placed in their
hands. as belonging to the whole people
of the United States, they could transfer
the general disposition of them? 1t ap-
pears to me that they might just as well
entertain this proposition as 10 farm out
the custom>h house in New York on GER.
tain terms.
Nor do know that Congress has any
more authority to give away tie public
lunds than the proceeds of custom house
on particular stipulations nor can they
surrender the control oft any more than
they can assign TO others the power OF
collecting the revenue Of the custom house
10 Boston. or elsewhere. see. there's
fore. objections insurmountable, whether
they assume the shape of a gratuitous COS
sion or a trust. In either case it tran
scends the power of Congress. II is to
make the public lands common fund for
the benefit of the whole people of the
Union. The great object is to sell the
public lands gradually and whilst it is
in state of ownership have always
held that Congress might make it more
Ualua6le by the creation Of railroads. canals.
and otAer improvements Of this sort. have
felt no difficulty therefore in supporting
grants to accomplish these objects, be.
cause it was n very efficient mode of in
creasing the value of the public domain. -
Mr.. Clay. in areport made to the Sen
ate in1832. said
"iBy the clear and positive terms of
the acts of cession a great public
national trust was created and as.
sumed by the general government. 1t
became solemnly bound to hold and ad-
minister the lands ceded as common
fund for the use and benefit of all the
States. and for no other use or purpose
whatever. To divert it from the cons
mon benefit for which it was conveyed
would be violation Of the trust"
But apart from the constitutional diff
culties SO apparent and SO clearly Sc,
forth by Messrs. Webster and Clay. how
would it be possible 70 make any parti-
ton Of the public lands. that could be al