Daily Nashville patriot. [volume] (Nashville, Tenn.) 1857-1858, 1857-05-18


TINS motive, many of the States were without
extra lands, they were expected to contribute
their proportion to meet the general expendi-
ture, and had not the power to do so; these,
also, were perhaps moved by Jealousy and
fear of the overshadowing power and influence
which those States of large domain were ca
pable of exercising in the affairs Of that new
aud untried confederated government. Mary
land had already protested upon the subject;
on the 10Th December, ITS, she had said that
IL was fundamentally wrong and repugnant to
every principle of equality and justice that
one State should bear the "expenses Of sub
DUNG and guaranteeing immense tracts Of
country, if it were not to obtain any of the
monies arising from the sales of those tracts,
or be otherwise benefited thereby" Upon
these grounds Maryland had refused to accede
to the articles of confederation. Thus it became
matter of the first importance that these
lands should be made a common fund, and
that they should cease to be subject of con
tention among the States which required the
utmost unanimity and concord. Hereupon
followed these concessions ard grants, New
York taking the lead in 1881, Virginia next,
in 1884, and then followed the rest. The
confederation was completed, the war prose-
cuted to successful close, and the States adj
mitted to an equal enjoyment of the public or
unoccupied lands.
This statement of the facts and circumstan-
ces under which the Federal Union came into
possession of the waste lands, gives a key and
solution to the whole question. TWAS trust
fund, aud the Congress of the confederation
was the trustee, and the States respectively
the cestuis que trust, or benefciaries. By the
subsequent substitution OF our present consti-
tuition for the articles of confederation, and
reorganization of the government into a"mOre
perfect union," neither the character of this
fund, nor its tenure, nor the purposes, were, in
the slightest degree, changed. The action of
all the three departments of government, Ex-
ecutive, Legislative and Judicial was uniform
ly based upon this view. As late as 1928, the
question was brought before the Supreme
Court, in the case of Jackson de-, VS. Clark Ell.
al (reported In Peters r. p. $685. and Chief
Justice MARSHALL held that: "The govern
ment of the United States then received this
territory IN trust, not only for the Virginia
troops on the continental establishment, but
also for the use and benefit of the confedera-
tor; and this trust is to be executed by a
faithful and bona Jfde' disposition for that pur-
pose" The trustee, in name, but not in real
ity, was changed by the abrogation of the old
Federation. The obligations, rights and duties
of the government created in 1889, were re-
ceived in all their original force.
The Union prospered, the Revolutionary
debt was paid, and still there remained large
| surplus of these lands. And the question arose,
what disposition should be made of this sur
plue2 Sale and settlement was the only mode,
except by donation. The system was blended;
land offices were opened, prices fixed upon the
lands, and grants made; so also did Congress,
taking just and elevated view of the wants
and necessities of the new States, make them
liberal grants for purposes of internal improve
ment. The steam Car was not then a part in
the economy of commerce, and donations were
made to post roads and canals Ohio, Indiana,
and Illinois were the first to experience the
viyifting effects of this policy. They soon
sprang into an athletic existence, their resour-
ces were developed and their prosperity en-
HANGED. Upon the introduction of steam pow
er and locomotives, the same policy has been
pursued (all parties concurring) with still more
opea and uusparing hand; and in process OF
time, these States, through these magic appli-
ances, have risen to the first rank in poin;
of population, wealth and political power
While these things have been transporting, Vir-
| GINA, like the ancient "mother of colonies, y
| is said to have been retrOgrading; Maryland
has been on a dead standstill North Caro-
lima, aided by her mineral wealth and the fru-
gality and Industry of her people, has made q
slow ard fatiguing progress; South Carolina,
by her climate and large slave labor, has but
just past the goal of youth in the race of i'm
provement; tennessee and Kentucky, with
their rich and exuberant soil, have by state aid
aud county aid and brave-hearted individuals
lesped the valleys, bridged the streams, and
rushed headlopg into the bowels of mountains
with the fire-breathing charger of the iron
hoof. But at what cost and expense9 1t II
enough here to say, that we have involved
ourselves in debt Twenty millions perhaps,
are in store for Tennessee--Vrginisg roans IN.
der public debt equal or nearly equal to tha
of the Federal government; and so OF the
other States named, meRtatis mutaRdis With
this comparison, and the foundation of these
improvements, the question recurs, what hai
been done with the trust found, created fol
the joint and common bene6t?" Where i
the share Of Virginia, who offered up an enl-
pire upon the altar of concord and fraternity
where, that of Maryland, who made it a cor
dition precedent, in her alliance with the otheI
States, that she should have her equal and just
proportion ia this fund where, that of Ken
lucky, whose soil blushed with the blood o.
her pioneers where that Of TENNESSEE, th,
beautiful and chaste daughter of North Caro-
lima where that of all these noble States q
the South and the Middle grounds In reply
to hese inquiries, we are told that these lands
have been sold, and their proceeds passed into
the common treasury, were paid out 10 tbs
current budget of finance, and the States there
By relieved Of Taxes. This is untrue. The sta
tistics show, that but little more than half Of
this fund which has been disposed Of has beer
taken up in that way. When We ask that the
contract be executed, and every State receive
its share, we are met with the drivelng sub
,erfuge of psstizans, that it is unoonstitution-