Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1857-04-30
The Pubiie Lands.

vesterday with a reference 10 the character oil
the government existing at the period when the
deeds of oession-but, more properly speaking
If trusf-of the lands of the States were
made by the latter to the Confederation, for the
redemption of the public debt. 1t was not a
consolidated government as at present, nor does
j, appear from any record Of the times that the
present Union was a, all contemplated. They
were simply confederated States, originally,
banded together for the purpose Of defence
against a powerful and common foe, and inter
wards ceding, in trust, TO the supreme govern
ment If it might be denominated) property
which the revolution had lett in their possession,
and which they designed should eqaaiile the
burden that res,ed upon the individual States. by
dischargng the debt they had incurred in the
common defence. 1t cannot be demonstrated
that the States intended to relinqush their right
of property further than necessary 10 effect
this object.
1t has been observed, in this couneson. by
a distinguished Doctor Of Civil law, that, first,
the words common fund and such OF the United
States, in connexion with what follows, most
clearly constitutes the States, in distinction
from the Confederation, as the parties TO be
benefited hy this arrangement, Every ono Will
see that such language was not required IN n
ession to the nation, for the use and dentht ct
the nation, and that it is incredible II should
have been used for tbnt object. Second. Nir-
sipia incIasire', North Carolina inoiusirf, &c
This. il will be observed, is a legal tcehnicohty'
arising from the principle of law, that when one
party of two or more parties makes convoy
nj nee to the others, as in this case the party
executing tho deed retains no right but con.
veys all title. except by the introduction OF this
saving cause. rs Virginia Inclusive which
caves Virginia her right according TO the terms
specified. II the cession had been made
for the use and benefit of the United
States Virginia, Of course, would have
been ine!udsd, and there would have been
no need of this phrase; but. hs it was
naansfe.fy made for the use and benefit
sfthA siai,a Ia their ..para,e capacities it was
necessary n. law TO Introduce this phrase. to
say~ the right 4 Virginia, else she would have
retained none. II thee we're no other evidence
II the intent Il this Instrument - being for the
the STATES. 1ad act for the nation this alone
would he snncln4ga. Third. According tn thfir
usual respective proportions IA the general charge
ana expenditure Hers - tho rae Z af.frIou.
lion. It would De strange indeed. that II should
1e possible a. suppose hat distribution Wa
Intended vtien The MIR tisen. Can lng thing De
rnorn oiear1 Fourth Shall De flfhtai.g las. sa74
fdf iisnosed ii .or that purpose 8ana de.
n s,oaa faith 3ni shnt .niih r. 'na1.rat str 4
naYtv 70 manage rs 1irr' ior ifsetf u The pun
lie domain he property IT fhn -tl'es "a a
,afiou. ihsro $ "a f,n,ii With the siifsa sanoera-
"a n is. administration. !. sAad ar az alier
-,se ,r nurT1nse ,vlintsoever Il fhes. .imda worm
nnf gi-en n ur,lst snr $40 lud 1ennit At ziie
4iuis,a a. su.n. tian taa anufaeanu lai''le7 ara
siinrrsassa VIII tae lassr..1F Il agrsn'#iE asas
fasg shall not be disposed q 'ar .2s te tia Sun
eft Of foreign powers Was there aay asfs=
hension of that" We have thus gwen al come
length The % non of a distinguished man. learn
ed In tie nv. upon the principles embraced in
the 3s4lt q psfsaSB. and the only fair lnierpre-
taiis- ID xinla 'tsy are susceptible.
TIA. aa,s ,s,,s1s C! cessiou simply deeds
of trust. esaaisrrsng in no way proprietary right
upon the trustee. re think is manifest, but II eY-
idence ON this point were wanting II Is furnished
10 the decision of the Supreme Coar; OF the |.
states in the case of Jack sou rs. Clark, where
Judge Marshall after citing the terms aud condi-
sa.rss II the Virginia cession says: The gov.
.paassrs II the United States, then, received this
esrricerY ~ TEpsT to be executed by "a faithful
ass bo~s fAs dssposition of the land for that pur
Dosa so easesi.~ says the Chief Justice take
1. esfssscactTgs yisp Of the than situation of the
gninss saxss. without psrceiving the Importance
i,,ss. a,pss Asss seep sttachfd 10 This part Of the
f.q,at. We ave aware that THE South" has al
lu5ed somewhat saseriDgiy to Judge MARSHALL,
-'blas, Eeders! safioAs.7 9th The view Of break
ing sae sorcs n hss decision upon thi. question
l,nt IL ssss,ds snd oil ever stand. as the verdic
If si.s highest seurs ksons 10 cur laws. upon
p,s,,eet ~ MOST pStsi iatsrsst. And 30 must b.
permitted 20 sag tast fhers is s,iDced in tia high
ar rsqsvd eor State fights, than IL indicated il
ti,e consucs ~ taoss who seem uiIIing rs allow
few States 81 appropriate our joisi property +
fi,eir sxeiosigs benefit.
IL will appear ssso. in the further considera
ton Of tais ssbieet. that tbs pablo lands wer
not looked to by Csogssss a. a source Of revenu
fsr the ordinary expenses n the government
And isst at tbs very time when the cesson- wer
being made. Congress was occupied in deyisinI
schemes for raising an amount adequate to tn
annual wants of tho government for its curren
expenses, by system Il imposts, which. IL i
true. were not fully carried into effect until tn
Constitution was inaugurated. The 22d sectlo
ct the act OF Congress, cut of all hope in this re
speci, by declaring 'thot the proceeds Of tn
sales, which shall be made Of lands in the Yves
lo