Lynchburg daily Virginian. [volume] (Lynchburg [Va.]) 1852-1861, 1857-03-26

| speech in the Legislature in 1851 In the pas
snges which we gave yesterday, Mr. segar de-
monstrated eoncusively that the lands held by
the general government by cession from the
States, were held in trust, to be disposed of for
the common benefit of all the States, according
to their respective proportions in the general
charge and expenditure and for no other pur-
| pose whatever. The trust character OF the pro-
perty was proven by the language ct virginia :
deed Of cession. by the confession of Congress,
by the declaration of the Virginia Legislature,
and by the decision Of the Supreme Court. Tbs
being settled il, results inevitably that any dspo-
stien Of the public lands in which all the States
DO not share raeably is in violation of law equi-
~ and rights aud that the States whose shares
are withheld have right 10 demand reparation
and indemnity of the federal government. We
proceed now 10 give Mr. Segars views Of the
laws aud principles governing the management
of that port n Of the public domain acquired
by purchase treaty, and not by cession from
the States:
In gard % the lands acquired by purchase, ! am
not mere % contend that the same conditions upper
tain beso tllet belong to those which were ceded
or that lie alienation OF the one Is trammeed by tie
Limitations that restrict the alienation ofthe other
hold no such doctrine. maiatain the power Of Con.
gJess TIE luls acquired By purchase 10 be fun
aud plcaary Congress shall have power l. dt4'5ge
Of aud make al neelmt reles and regulations COLI
corning the territory other property belonging 10
the United S.atos THIS Is the language Of the en-
atniion, aud c1Blers the power OF disposition IN
limited save by Two conditions first that il shall it
yor no disposition which shall be prejadiel 10 It
right ofthc L S any individual state, secon /
y that il shaii not be exercised en- any forbidden
unlawful object Aud it this language of the coi-
siiiution that makes legal II ny mimi the yafors
appropriations Of the public territory. made by Con
gress the donation toi La fayc,te, t, the soldiers OF
the revolution md OF the later war; = schools oni
colleges and the like.
"Bu, while oonerrs4 possesses the anluubtcd pow
or 10 dispose Of tie pnhel lands, islimcd in the
exercise Of that power by certain consideration, at
general equity, which as obligatory constitu=
tional requirement itself aud Which demand mteable
apporlionmcnt as much in respect to the purchased
ands to those fiat were eedcl.
And these considerations are: first. that the lands
acquired by purchase were 50 acquired by the COM
moa blood an1 treasure the common patriot IA aud
raor Of all tire Stttes 81 the coriedciacy aud fund
thus acquire can surely ~ ~ vas be more equilnby
81 ios'l q 'aaN y "u 'Haa e'oa1o' a"'94s "i
whore J'iot means nna e''fts accomplished the 'e-
f'5"'ai secondly The acquisition Oh The purchased
hands was made. 10 " f2N'ia''Ahle extent WIN Tue
Pt"ee' 10 o. e ee3fl 'n'' Tor ihr7r proceeds my
lateone into The general treasury constituted there
portion OF tHf iHnd r'aet mo eh'-ta.'d tP1'.
N"N to The extent "i 'bIs s7"rers'oa' ihe equitable
doctrine Of substitution applies. aud requires Of tho
Government h.f afpartoomeut