Spirit of Jefferson. [volume] (Charles Town, Va. [W. Va.]) 1844-1948, 1857-04-28


speak of course of the earliest history of men,
and when titles TO land were aeguiredin accordance
with the principles of equity and justice and not
of4hat subsequent and largest part of history re-
pIete with violence, injustice, fraud and crime
refer TO that portion of mans history in connection
with his occupation of the earth, when the laws o.
his Creator and of nature and reason, seem 20 have
been observed by him. gsrse gas
And here, if we ascend to the history of the FIRST
man, in Paradise even, find that The Creator pot
him there and gave him his title, With the condition
of use and occupation annexedto it: For we are
told that, the Lord took the and put him into
the garden Of Eden, to dress it and to keep it,
And, in his after history, and when for his dis be-
dence, he was turned out into the wide world to
seek new home, we find that, the same law of oc-
cupancy and settiemeut followed him. and with
sterner conditions superadded TO it: For he Easto
acqafre his 10 tbs new home and to the IiTsg
TO be wrdng out of IT, by the sweat of his face'
and by grubbing it Of thorns ana thislles" The
conditions also attached to the titles o.
his posterty and we see, again. that without paying
so much as a pepper corn ~" to Adam, or any body
else, Abel was keeper of sheep" and Cain a
tiller the earth =" and ofcourse had elected ard
chosen as much of the public and common lands, or
earth as was required for their respective calings
tended the earth rot for Adam alone, but for the
myriads of men who were to descend from him;
aud he imposed, in his justice aud mercy, harder
terms than occupyin- it and grubbng it of 'thorns
and thises," in the "sweat of their face" But
man "Poor man dressed in little brief auhor
ty ty'-having the q. S. Government to back him
imposes, and has in the cOrruptiOns of ages from
primitive times, imposed still harder terms upon
their fellow men, and Co-enants of earth. They
must not only occupy and settle, and grub the
horns and thistes in the sweat of their face " but
cut down the primeval forests, or plant hedges in
the prairie, drive savage beasts and more savage
men, and encounter all the privatons and dangers
and diseases Of new, wild country; and they must
do NIL this, after first paying price to those who
already, inhabit tire pleasant places" of the earIh
which they acquired, originally, as "squatter soye-
reigus For the first settlers of the Atlantic States
from whom we hold-got their land for mere
nominal price-"a peppercOrn," or q few shings
for hundreds of acres, Or gifis for settlement and
cultivation The gr at proprietors. who held whole
territories as grants from the crOwn-and grants,
that no power or potentute had any rgh TO make
Caud which, I will add no Republic has right
NOW TO make) WERE compelled TO pursme this course
or see their grants continue a wil6crncssl And
thus the laws of God and nature, in regard to wild
lands were vindicated in spite of the violence tha:
was intended against them So true is it, that occu-
pancy, session, "squattcr sovereignty IF IL SO
please TIE would be magnates of the earth TO term
it's the only original foundation of the right of
rren (as it is now exercised in society to hold,
sell, and convey t,tle any particular parcel of
earth The squn;er builds his cabin clears, ruiti-
vates--it may be like Ahram of old" digs his
we" and thus MIKES UP aud Incorporates Ills labor,
uud tie sweat of his brow with the ground he
pies and it is then pnlpable justice that he has
riyht to remain on it, (who have better y or
if he choose TO sell it, he has right do and
he who succeeds 10 the benefit and enjoyment Of
his labor and expenditure should pay him for it
This is the foundation TO eli title in land the part
Of individuals and the wide difference between
lied lands s,that have under the conventions of
society and lands in state Of nature! The first,
may be owned and sold, the latter cannot be- but
by violation of the laws of 'tur0 and justice, and
the sacre and indeeasible rights of mankind 1t
l. selling for a particular advantage and interest
and now f the benefit OF incorporated companies
and capitalists-the open and common property II
all men And, whether the sale is made by Pope
or POtentate or Republic it is, equally an act OF
violence, injustice and fraud. Either, has just the
same right to sell the blessed light of Heaven the
air we beeathe: And would, no doubt, from the
grasping avarcc, evinced in selling Wild lands they
have never seen, sell both, il there was any way OF
doing so; aud compel their fellow men to pay for
the common privileges of b:eaf'ing and seeinE!-
III who occupies and settles land open by lhe Laws
OF nature and her free boon TO all, lis squttter
in the offensive sense arrogantly used BY men who
occupy themselves land originally acquired IN the
same way) has right or title 10 it, pray tell me,
whence comes the right and title, of men to sell
rt, ffn1V
on it2
But TO reason the matter no further, as my object
isat presen adhere to The history ofthe mode Of
qnirng title to Id and uunPPropriated land and al
so land in which there Isl already, tit cand pos
session will proceed state the instances of ac-
ouirng tile in each of these cases, from the Oldest
a,,d most reliable history we have
And before stating these instances; and, especi-
atlY, that of acquiring title in wild, and common
lands will prem Sc, that, as before the Hood the
tiile to wild lands was acquired by occupancy aud
moi Nv purchase from any one; SO, we find, that,
when men had multiplied, after that event, and, it
,sas necessary 10 have among themselves, me nn-
ders,anding as to the manner il which they should
occupy (no doubt for herconvenience and1t pre-
vent confllctl they, proceeded, not to sell out the
| earth, buts to divide it. 7sa r
Th history of this fact will be found in The 10th
cEaper of Genesis 5tli verse, and regard to the
| family OF Eber: "And unto Eber were born two
scRs the name of one was Peleg, for inhis days
was the earth divided" p'f ia
Tracing ,bes same history of the manneEinl which
undccupied lands were disposed of We come to the
arrangement OF Abraham and Lot; substantially
the same mode of disposing OF such lau;sI It was,
1vbsn an ir families and substance had increased,
and they could no longer dive tege,her give it,
- ,,,e eonal. and acknowledged, common right of
ri men to such lands aad, in the words Of The his
.tory; 81 z.a.sss..I &. ! i
aAnd the land was not able TO bear them that
,bsv might dwell together their iHsnbstance was