ful termination, by a countless expenditure of treasure, of which the funded Revolutionary debt, of $ 80,000,000, composed but a part, and by toils, sacrifices, and blood, too great to admit of computation. The expenditures on account of the public lands, since the organization of our present Govern

ment, are as follows:

Purchase of Louisiana,

Purchase of Florida,

Contract with Georgia, and paid for the Yazoo claims,

Purchases of the Indian tribes,

Incidental expenses of the sales,

$15,000,000

5,000,000

6,200,000

5,811,191

1,578,339

$36,029,191

Soon after the Declaration of Independence, an important question was agitated in reference to that portion of the United States, then wild and unappropriated, called the Western country. Some few of the States claimed it as their own separate property. Others denied the existence of such exclusive rights, and contended that the vacant lands of the West, that might fall from the crown by the united efforts of the people, ought to be regarded as the common property of all the States. They were then considered as a great fand, out of which the debts of the Revolution would be principally paid; and it was declared to be unjust, that certain particular States should engross the whole, to "replace in a short time their expenditures,' while the others, contributing equally to the acquisition of this property, and the prosecution of the war, would be left to sink under the pressure of enormous debts." Influenced by a sense of common justice, and in pursuance of the resolution of the old Congress, passed in 1780, the States of Virginia, Massachusetts, Connecticut, and New York, whose claims comprehended the whole territory Northwest of the Ohio river, after making some few reservations, ceded the same to the United States.

In 1787, South Carolina conveyed to the United States all her interest in the lands beyond her present boundary.

Since the adoption of the present Constitution, North Carolina, in 1790, ceded to the Union all that territory beyond the Allegany mountains which now forms the State of Tennessee, subject however to so many extensive claims, previously derived from that State, that the Government has realized no benelit from sales.

All the cessions conveyed to the United States the right of soil as well as jurisdiction to the territory granted, and declared, in terms similar to the language made use of in the cession of Virginia, whose title assumed to cover the whole Northwestern territory, that "the lands so ceded, shall be considered a common fund for the use and benefit of such of the United States as have become, or shall become members of the Confederation, or federal alliance of said States, Virginia inclusive, according to their usual respective proportions in the general charge and expenditure, and shall be. faithfully and bona fide disposed of for that purpose and no other."

The domain thus vested in the United States, was upon no contingency or event to revert back to the States making the cessions, or to become the separate property of individual States. It was expressly made a common fund, and a trust and authority were reposed in Congress for two general purposes.

First: The formation of new States upon the territory ceded, and their admission into the Union.

Second: The sale and disposal of the lands by Congress, for the general use and benefit of all the States.

The territories purchased of France and Spain, by the money drawn from the public treasury, are equally the common property of the nation, although they are not held upon such express trust or condition as is contained in the cessions. Whether acquired in one way or the other, the Constitution of the United States is applicable to the whole, and the general legislation over them has ever been the same.

the

It has been asserted by some individuals, especially of late years, that the admission of new States into the Union, extinguishes the right of the General Government to the public domain within their limits, and land to immediate seizure by the individual States, as their own exclusive exposes property. This extraordinary doctrine, which goes at once to destroy the long established title of the United States to their most valuable territory, is, in the opinion of the committee, so manifestly unjust and groundless, as to require no general discussion or elaborate argument to refute it; and they will, therefore, merely take occasion to refer to a single section of the Constitution, and to one of the compacts entered into by the States.

As fast as the population would admit, new States have been created upon the public domain, both within and out of the Northwestern Territory, with all the political rights of the original States; and, upon their admission into the Union, they have agreed, by express compacts, that their Legislatures should never interfere with the primary disposal of the soil, nor with any regulation Congress might find necessary for securing the title in such soil to the bona fide purchasers.

The Constitution, in article 4, section 3, authorizes Congress "to dispose of, and make all needful rules and regulations respecting, the territory or other property belonging to the United States." The authority here given is over territory as well as all other kinds of property. No difference is made between them. If the property, whether land or personal chattels, belongs to the United States, they must necessarily have the power as proprietor to hold and possess it. And having this power without any limitation, their territorial rights, equally with their rights to the public moneys or other property, may as well exist within as beyond the boundaries of the States. The subsequent part of the above article asserts, that "nothing in this constitution shall be so construed as to prejudice any claim of the United States, or any particular State." The claim or right of the United States to hold and dispose of land in particular States, had been previously declared, especially in the ordinance of 1787, and is here in the most explicit manner, not only confirmed, but all construction or argument drawn from the Constitution, prejudicial to such right, is expressly excluded.

In the exercise of the trust and authority to dispose of the public domain, Congress has directed extensive surveys, to be made into townships, sections, and subdivisions, of the most convenient form, exceeding at this time 150,000,000 acres. The whole quantity that has been sold to the 1st of January, 1830, amounts in round numbers to 22,500,000 acres; for which the sum of 37,145,876 dollars has been received, and paid towards the redemp tion of the national debt.

Besides this appropriation, which is for the common benefit of every State, Congress has granted one entire section of land, equal to 640 acres,

in each township of six miles square, in all the States upon the national territory, amounting in the whole to upwards of 5,000,000 acres, to be enjoyed forever by the inhabitants of such township, for the use of schools. It has also granted to the same States the salt springs, and one twentieth part of the money arising from the sales of land, for the construction of roads and canals. In addition to these general grants, extensive donations have been made by particular acts of Congress, for colleges, academies, numerous individuals, canals, the improvement of navigable rivers, and for other objects, of local as well as national concern. Gratuities of the public land were formerly made with much caution, and with a sparing hand. Of late, however, a greater liberality has been manifested, and, in the years 1827 and 1928, the donations for internal improvements alone exceeded the amount of sales. Although most of those grants may be for the advancement of useful or national objects, yet, from the nature of the appropriations, they will often be partial in their operation, and confer privileges upon some sections of the country, not equally imparted to others. If the whole of the public domain should be disposed of by special acts of Congress, a great increase of difficult legislation would be incurred, and, with the most patient industry, and purest intention, it would be impossible for Congress to make the apportionments to the different parts of the Union, so as to render equal justice, and give general satisfaction. The committee, however, would not be understood to imply any opinion against the policy or right of making donations, when objects of great interest or of national importance are presented. On the contrary, they admit the power, and approve the policy, of making such grants. In recommending an equal distribution of the money that may hereafter arise from the sales of land, it is not the wish or expectation of the committee to prevent future donations, or diminish the right and privileges of the new States, abridge the power of Congress, or restrain the exercise of any legislation, in reference to the public domain. The distribution, as contemplated, will amount to no more than a mere transfer of the proceeds of sales now appropriated to redeem the public debt, when no longer required for that purpose, directly to the individual States, for their common use and benefit, still leaving to Congress the same power and discretion of making grants and donations, which it has ever before exercised.

In regulating the sales of the public land, the price has ever been regarded as a subject of great delicacy and importance. Whether it is now too high or too low, or should be graduated in future, the committee would not undertake to express any opinion. Some sentiments have been advanced, that a liberal policy should induce Congress to reduce the price to a very low rate, for the benefit of the new States, and even to grant the lands without any consideration, to all who might be induced to take possession, for the purpose of cultivation. The committee are fully of the opinion that the public domain ought not to be regarded as a source of great revenue; yet, it cannot be given away to individuals, nor even in any partial manner, without violating the vested rights of the States, and the trust that is reposed in the General Government. The price ought never to be so high as to obstruct emigration, and cramp the vigorous growth of the West, or reduced so low as to encourage speculation, or depress materially the value of land heretofore purchased, or the general agricultural interests of the country; but fixed at that moderate standard which shall render the acquisition of farms easy to all persons of small means and common industry, and secure the settlement of the new lands as fast as the increase of population will admit.

The following statement will show, that, for the last seven years, the uniform and rapid increase of sales, has equalled, and probably surpassed, the progress of population, although large donations have been made within the same period. It will also appear that the average amount paid for the lands, including the auction as well as private sales, has exceeded but a mere trifle the lowest Government price of $125 per acre.

Estimating the sales of the land for the year 1831 at the moderate quantity of 1,100,000 acres, at the minimum price, and the representative numbers of the United States at 12,000,000, the result will give upwards of $10,000 to each 100,000 inhabitants, and judging from the operation of the past, we have confidence in the belief, that, for many years, and perhaps centuries to come, the public territory will yield an income, increasing with the growth of population, and allow of the customary grants to new States, and liberal donations to objects of general interest and importance.

A great inequality exists between the resources of the individual States and of the General Government. As the latter possesses the exclusive right of indirect taxation by duties upon imports, its Treasury may always be abundant, while the means of the former, depending almost entirely upon direct taxation, will be small and limited. If the separate States should realize the proceeds of the future sales, for the purposes indicated in the resolution, a sensible relief would be afforded to their burdens, and a new interest created, flowing from the diffusion of intelligence to strengthen the bonds for the preservation of the Union.

The numerous donations of public land for the purpose of education, and the appropriations of the road and eanal fund to the new States, being a part of the proceeds of sales, have long been considered by different administrations as the exercise of power authorized by the Constitution. If Congress can make direct grants of land to literary institutions or to individual States, the power of granting the money arising from the sales, would seem to be necessarily implied. The present resolution calls for no power of Congress which has not always been exercised, neither does it involve the right and policy of raising money by taxation, and transmitting the same to the States; but merely requires the equitable distribution of the proceeds of a common fund, already belonging to the people. The Constitution, which authorizes Congress to dispose of the territory belonging to the United States, gives an express power over the public domain, and implies the power to sell and to receive the purchase money, and the consequent power to grant and appropriate the same for all purposes authorized by the Constitution.

Opinions have been expressed by some, that the lands are pledged for the payment of the national debt, and that, therefore, the proceeds cannot be applied to other objects till the whole of that debt is extinguished. By a reference to the laws upon this subject, it will be found, that it is the faith of the Government, and not the land or other specific property, which is pledged for the redemption of this debt. If the land itself had been pledged, how could the millions of acres have been granted for military bounties and for other purposes, without violating the rights of public creditors, which it is presumed has never been done? The provision that is made for the discharge of the public debt, called the "Sinking Fund," consists of nothing but the mere appropriations of money derived from different sources of revenue, and is founded entirely upon acts of Congress, which may at any time be modified or repealed, and a new fund, arising from other sources of revenue, be substituted; and so long as any provision is made sufficient to fulfil the engagements of Government, the plighted faith of the nation will remain inviolate. By the act of the 4th of August, 1790, the public land itself is not pledged, but the proceeds of the sales are appropriated towards sinking and discharging the debts of the United States. In like manner the duties on stills and distilled spirits, among other things, were appropriated towards effecting the same object; yet, in 1802, and while a large portion of the debt was in existence, those duties were repealed. By the act of the 3d of March, 1817, all former laws of Congress, making appropriations for the reimbursement of the principal or payment of the interest of the public debt, were expressly abolished, and a new sinking fund, amounting to not less than $10,000,000 per annum, was created. The appropriations for this new fund were from "the proceeds of the duties on merchandise imported, on the tonnage of vessels, from the proceeds of the internal duties, and of the sales of the Western lands," and also from surpluses of revenue. At the next session of Congress succeeding this act, one of the sources of revenue was entirely extinguished by the act abolishing the internal duties; and cannot the same power abolish either of the other sources of revenue, or, if policy require, direct the income arising from the same to purposes other than that to which it is now appropriated?"

The national debt, however, has become so reduced, that the whole of the sinking fund will not be necessary, beyond the present year, for its redemption. The real amount of the funded debt on the 1st of January, 1830, was $41,522,869 00 From this may be deducted the debt, consisting of stock bearing an interest of only three per cent. redeemable at the pleasure of Government, the market value of which is now so high that it cannot be purchased at the rate limited by the existing law, consisting of

13,296,249 00