Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1858-02-05

use their united federal character Virginia being ncud
ed as the grantor out of abundant caution
The concluding of the grant shall be faith
fully bona de disposed of for that use and no oner
use or purpose whatsoever For that useha Is the com
mon of the States in their capacity OF members OF ne
Confederation Federal aianceand no other as Posi
for the seperat of the States to be distributed among
them for separate individual proposed by
ssThc residue the public lands including Florida and
the region beyond the Mississippi extending to Inc
cc ocean constituting by far the greater part STANDS
different footing They were purchased ou1 o1 nc
6eTonS ali Question to the people of the s. their
eral and aggregate capacity This has not been ana
be denied and yet proposed to fne e ce
ded lands violation of the admitted principle tnat
ont authority to apply the Joint funds the
rate use and benefit of its individual members
What we have already quoted can we think, leave no
doubt of Mr. Calhouns opinion upon the question OF the
constutonality of distribution nor, after its perusa
can there remain much doubt in the mind OF the reader
that the public lands the property OF the States
their federatvc capactto be disposed OF by the states
in Congress assembled for the use and benefit OF such OF
the United States have become or shall become, mem
bers of the confederation federal alliance and tor no
other use or purpose whatsoever That is, as clear as
language can express it, for their common use In their
united federal character, and other use or purpose
whatsoever That Congress is positively forbidden to
use the fund to be derived from the lands aud tofo
the lands themselves for the separate of the States
or to be distributed among them for their separate or III
dividua use.
| let us now see what Mr.. Calhoun who was accused
IF tbnin too ghtly of the Union, said of distribution,
viewing it in the light of patriotism or Union feeling
He says:
When look Mr. President what induced the States,
nd asneciaIv Virginia make this magnificent cessOn to
the Union and the high and patriotic motives urged by the
old Congress to induce them to do IT. and turn to what is
now proposed struck with the contrast and the great
mutation to which human affairs subject The great and
patriotic men times regarded as essential to the
cOnsummaton the Union and the preservation OF the pub
lie faith that the lands should be coded common fund
striving with all their might undo their holy work Yes,
SIR distribution and cession the very reverse IN char
acer and effect the tendency of one to unon and the
other to disunon The wsest of modern statesmen and
who had keenest and deepest glance into tuury Ep
MUND BURKED Truly sail that the revenue IS me oee ~
which add that distribute the revenue IN confedera
ted community amongst its members to dissolve tne CON-
munity-that is, with us, the nlon-as Ine VIII prove
ever this fatal measure should be adopted.
We pass now to Webster and Clay, who, although
they voted for distributing the proceeds until that issue
was finally settled against them by the people, could new
or bring themselves to assert submit to the notion
that the trustee of fund acquired by cesson or
purchase for the common objects and of the United
States in their ederave capacity could ALLEVIATE that
fund to the States in their separate or Individual char
acter.
In Mr. Wehsters speech on Foote's Resolution, de-
vered in the Senate of the United States on the 10th
of January 1880, Mr.. Webster said -
Again. in September, 1888, Congress passed another
resolution setting forth the conditions which cessiOns
should received and in October following Virginia made
her cession recng the resolution OF act OF pre-
cedng and then transferring the United States her title
to her Northwestern territory upon the express condition
that the coded should be considered as common
nnd for the use and benefit such the United States
had should become members OF the coniedera
ton Virginia inclusive and should be faithfully and BONA
fe disposed of for that purpose and TOR no other use or
purpose whatever The grants from other states were on
had claims to Western lands and both renqulshed them TO
all made on three substantial Conditions or trusts First
that the territories should be formed into States and
admitted time into the Union with all the rights be-
longing to other States secondly that the lands should form
fund.- to be disposed OF Tor the general oeneht
all the States and thirdly that they should be sold ana set
tied at such time and in such manner as congress shouo
direct - h., ,o, and
not now at liberty to disregard these solemn conditions
For the fumcnt of all these trusts the public faith was
and is fully pledged How, them would 1t have been posi-
be for Congress- if it had been disposed to give away
these public lands How could it have followed the exam
pie of other governments there had been SUCH and con-
sdered the conquest of the wilderness equivalent com
pensaton the so The States had looked to this terri
We're to come to deray the expenses Of the 1t had
been received as fund, fund Congress had bound itself
to apply To have gven away, would have defeated all
the objects which Congress and particular States had had
asking and obtaining the cession and wodd have
The gentleman admits that the lands cannot be given
away until national debt paid because to part OF
that debt they stand pledged But this is not the original
pledge. There is to speak, earlier mortgage Be,
fore debt funded at the moment OF the cessl0n OF
lands and by the very terms OF that cesslo every state
Union obtained interest III them, as IN common
fund Congress has uniformly adhered to this condition.
has proceeded to sell the lands and to realize as much
from them compatible with the other trusts created
the deeds of cession One OF these deeds OF trust
as have already said was that the lands should be sold
settled at such time and III such manner as congress
in this respect exercise its own best Judgment and NOT
transfer the discretion others 1t has not felt Itself at I'D
ey to dispose the SOIL therefore in large masses to nd
yduas thus leaving them the time and manner OF settle
ment 1t had stipulated its Judgment. If, for
instance order to rid itself of the trouble OF forming
tenn for the sale of those lands, and going into DETAIL If ii
had sold the whole of what is Ohio in mass to IN
dviduals companies it would clearly have departed IRON
its just obligations And VINO can now TELL OF @
can say what mchefs would have ensued, Congress had
u thrown these territories into the hands OF private Specua
tom Or who the other hand foresec what the
event would be- should the government depart from the
same wise hereafter and not content with such grad
nal absorption of the public lands as the natural growth
our population may accomplish should force great portions
of them at nominal very low prices, into private hands
sold and settled and when such holders might tnf
if would be most for their own interests!
Hitherto Sir maintain Congress has acted wisely an(
done its duty this subject. hope 1t viii continue TO dc
it. Departing the original idea soon as twas t9unt
practicable and convenient OF selling by townships Con
has dSpoSed the SOL IN nraa Of q no more sl
eighty thus putting into the power OF every MAJ
the country however PG9 P he %nG 11 not Of barrel
acres but rich and fertile SOIL The mas per
formed all conditions Of the grant While 1t has regard
ed the public lands common fund, and has sought
make What reasonably could be made OF them as source
of revenue it also applied its best wisdom to sell AM
numbers would warrant each territory has been suo
cessivey admitted the Union with all the rights OF al
e independent State.
= Read what MI Clay said in 1892 when speaking o
the distribution and cession projects then before Con