11 that trusts the affairs of nations to luck, and leaves whole empires to the des tiny assigned them by fickle chance. But suppose this difficulty overcome, and that North Carolina has assigned to her, by metes and bounds, with rivers and mountains for her boundaries, a fertile and valuable tract of her own size this side the Rocky mountains. Who is to remove hostile Indians, and keep off intruders? The Constitution forbids the States from keeping troops, making treaties, or engaging in war, without the consent of Congress. We can neither adopt the policy of the Roman Senate and ransom our lands with money, nor, like the stern old general of the empire, cast the sword into the scale. We can neither treat, nor fight, except under the gracious and merciful supervision of Congress, whilst savage tribes, or lawless intruders, may occupy every foot of our land. But suppose the savage and the squatter respect our rights, a whole army of surveyors and their assistants, agents, registers, and receivers, are to be employed and paid by North Carolina, to prepare the lands for sale, and to sell them. Her people must be burdened with a large present expenditure, with but a remote and uncertain prospect of the reimbursement of part of it to our children. If the people are to be still further taxed, I would rather see the money expended in improving, and rendering more valuable the land we have at home. Conflicting claims would soon lead to feuds between individual States; those feuds would soon kindle into civil war, and instead of furnishing homes to peaceful emigrants, seeking to better their fortunes as at present, the western lands. would be battle-fields for hostile armies, and the strongest arm would hold them bathed in fraternal blood. There is, however, a more serious difficulty than any I have yet mentioned. The States, within whose limits the public lands are embraced, are bitterly hostile to this policy, and will do all they can to defeat its passage and thwart its execution. They say that whilst they are willing for their soil to be owned in such large quantities by the Federal Government, they will not submit to the individual States standing in the same relation to them. Arkansas, for instance, protests that she will never permit Massachusetts, or any other State, hostile to her institutions, to own large portions, perhaps more than half, of the soil within her limits. What Southern man will say she ought to permit it? The attempts of Massachusetts, by means of emigrant aid societies, to control the institutions of Kansas-the still more recent organization of a similar society to colonize Virginia, for the purpose of abolishing slavery-her fanatical and impertinent interference in the affairs of others throughout all her past history, leave us no room to doubt with what joy she would embrace any policy that would enable her to plant her batteries in the heart of the feeblest of the slaveholding States; nor, can we doubt for a moment, what sort of settlers she would place there, and what use she would make of her position. The States have the power to protect themselves against this, in the unlimited power they possess of taxing all the lands within their limits. They would tax the lands belonging to States so heavily as to compel the owners to abandon them. If any one doubts their right to tax them, I will only remind him, that although the question as to the right of a State to tax lands belonging to the United States, has never been decided by the Supreme Court, yet Congress has always acted on the assumption that the States do possess the right, and on the admission of every new State, enters into a compact with it, whereby the State, in consideration of a certain payment to it by the United States, binds itself not to tax its lands. If, however, there is any well-founded doubt as to the right to tax the property of the United States, (and eminent lawyers differ about it,) there is no doubt about their right to tax the land or other property of individual States, and there is no authority in the Government that can limit or restrain its exercise. 1 A notable display of this jealousy, on the part of the new States, and of sub mission to their demands by Congress, is to be found in the bill introduced by Mr. MORRILL, of Vermont, which passed the House of Representatives a few days since, providing for a distribution of lands to the States for the benefit of agricultural colleges. The first section grants to each State a quantity of land, equal to twenty thousand acres, for each Senator and Representative in Congress. The second section provides: "And whenever there are public lands in a State, worth $1 25 per acre, (the value of said lands to be determined by the Governor of said State,) the quantity to which said State shall be entitled, shall be selected from such lands, and the Secretary of the Interior is hereby directed to issue to those States in which there are no public lands of the value of $1 25 per acre, land scrip to the amount of their distributive shares in acres under the provisions of this act; said scrip to be sold by said States, and the proceeds thereof applied to the uses and the purposes prescribed in this act, and for no other use or purpose whatsoever: Provided, That in no case shall any State to which land scrip may thus be issued, be allowed to locate the same within the limits of any other State, but their assignees may thus locate said land scrip upon any of the unappropriated lands of the United States, subject to private entry.' By this simple arrangement the States which have public land within their limits are, secured against competition, and will be able to get land worth, perhaps, ten or twenty dollars per acre. Whilst North Carolina, and other States having no public lands within their limits, are not even allowed to locate their scrip in the Territories, but are required to sell it in the market for sixty or eighty cents per acre. This is one of the vaunted distribution schemes for voting against which my colleagues and myself will be denounced. It is a fair sample of all the distribution projects-giving the shell to the old, and the kernel to the new States. V. IT IS PROPOSED TO ISSUE SCRIP TO THE STATES IN EQUAL PROPORTIONS, WHICH THEY MAY SELL. The opposition candidate for Governor, (Mr. McRae,) in his letter to Mr. Dancy, recently published in the newspapers, says: What, then, do I propose? I propose that Congress shall withdraw all the public lands in the territories from sale for ten years; to issue land warrants in sections and quarter sections, &c., to the governors of the several States, according to their federal population, for two hundred millions or thereabouts, the number still remaining undis posed of in the land States, perhaps two hundred and fifty milllons, which warrants will be subject to sale like the soldiers' land-warrants, and located when sold, by the purchaser. This plan will get rid of the difficulty about one sovereign holding domain in the limits of another, and about the taxation of these lands by the States in which they lie, for the title will remain in the General Government till the location." com It will be seen that, like MORRILL's bill, it does not contemplate allowing the old States to locate their scrip on the best land they can find, but they are pelled to sell it for what it will bring in the market. I think I can show that of all the plans yet proposed that profess to let the old States come in for a share, this is the most unjust and injurious to the old States. It is proposed to issue land warrants for two hundred million acres, and give them to the thirtytwo States to sell. Let it be borne in mind that that number of acres will cover an area six times as great as the whole State of North Carolina. That much land would not be wanted by actual settlers in twenty years; yet we would have thirty-two States acting independently of, and in competition with, one another, and forcing that amount on the market at once. Of course the States would strive to undersell one another, speculators would take advantage of the competition to put down the price of the warrants, and “ our share" would probably not bring into our treasury five cents per acre, out of which agents, brokers, and commissions would have to be paid. Experience is always a safer guide than mere speculation, and fortunately we are not without experience on this subject. By reference to the report of the Commissioner of the General Land Office, page 83, it will be seen that the whole amount of land warrants issued to the old soldiers from 1847 to September 30, 1857, was 53,689,870 acres, being an average of five millions and a fraction for each year. Every old soldier who has had a warrant within two or three years, knows that all he could get for it was about eighty cents per acre, although the lowest Government price for the land is $1 25 per acre; and much of the time the warrants could not be sold for eighty cents. And this, too, notwithstanding that there has been more demand for land in the last three or four years than ever before. Now let every person make a calculation for himself—if putting upon the market five millions of acres per year depresses the price from $1 25 to 80 cents, what will be the effect of putting two hundred millions of acres upon the market at one time? Especially when it is considered that the old soldier was not obliged to sell his warrant, but could have it located if the price did not satisfy him, and hold the land for a rise; whilst under the plan we are discussing, the States cannot locate, but must sell their warrants for whatever they will bring. In my opinion, land warrants would become a drug, like the old Continental money, and could not be sold at all, or, if at all, only for a nominal price. Who would be benefitted by this scheme? Certainly not the old States, for they would scarcely get enough money to pay expenses. It would be equivalent in its effects to giving the land to any person who would take it, and that is what the new States most desire; because it carries population to them, and enables their citizens to get the public land without paying for it. If it is to be given to any who will take it, let it be done openly, so that we may say that we have been robbed, not outwitted. The expenses of surveying and selling the land, amount to, per year, (See Estimates of Commissioner of Land Office for 1858).. Annuities paid to Indians for their lands, (See Schoolcraft's Report, vol. vi).. Making an annual charge of.... $984,210 1,804,332 $2,788,542 to say nothing of the expenses of extinguishing Indian titles hereafter. If the proceeds of the sales are given to the States, these sums, constantly and rapidly increasing, will remain a charge on the treasury, for which the people will continue to be taxed after the lands have ceased to yield a dollar of revenue Verily, it must be believed either that the people of North Carolina are stupid and cannot comprehend when they are taxed, or that they are rich and liberal, and rejoice under their burdens. Other schemes have been proposed by individuals which I do not think it necessary to discuss, because no considerable number of persons are now advoeating them. Mr. Calhoun offered in the Senate, in 1840 or 1841, a bill to cede the lands to the States in which they lie, on condition that they would pay over to the United States a certain portion, one-half, I believe, of the gross proceds; his estimate being that it required the other half to pay expenses of sale, &c. That might possibly be made the basis of an equitable disposition, provided we could obtain a guarantee that the States would comply with the conditions. Mr. Hunter, of Virginia, proposed in the Senate, in 1854, a plan whereby the States might purchase the lands from the Government, at a reduced price. I am not familiar with the details of his plan, but have great confidence in his ability and the soundness of his principles. I apprehend, however, that one difficulty stands in the way in all these plans, to wit: that no one of them can pass Congress unless it contains provisions grossly unjust to the old States. And I feel an assurance that any person who favors distribution now, is yielding a principle which in ten years will result in leaving us the expenses to pay, and giving to the new States all the beneficial proceeds. If the principle of distribution is once established, the majority will arrange the details, and the barrier being thrown down, you can no longer control and distribute the rushing waters. The character and fate of the act of 1841, make it certain that at no time since the final payment of the Revolutionary debt has it been practicable to pass and maintain any distribution act, unless it was so partial to the new States as to induce them to vote for it, and I am convinced that at this time those States would accept no change of policy which was not practically a cession of the lands to the States in which they lie. The moment it is established that the Government can dispense with the revenue derived from the public land, or that revenue thus derived differs from other revenue, and ought not to be used to pay the ordinary expenses of the Government-at that moment the whole of that revenue will be applied to the exclusive use and benefit of the new States. Those in the old States who are laboring to convince the people that that branch of revenue possesses some peculiarity making it legitimate to use it as it would not be legitimate to use other revenue, are unTwittingly or blindly aiding to bring about the very state of things they so much deprecate; for whenever we unsettle and depart from the existing policy, all the changes will be to the disadvantage of the old and minority States. And this brings me to the consideration of the existing policy, which is VI. TO SELL THE LANDS AT A FAIR PRICE, PLACE THE MONEY IN THE TREASURY TO BE USED LIKE ANY OTHER MONEY, IN PAYING THE EXPENSES OF THE GOVERNMENT, and reduce the TARIFF TO THAT EXTENT. This system is mathematically equal and just to all the States; under it the country has prospered to an extent without a parallel in the history of the world, and having in its favor the prestige of past success, and the self-sustaining strength which more than fifty years of actual trial gives to it, it will be easier to maintain it against the increasing strength and bolder demands of the new States, than to establish any new system equally just to all." Many persons are under the impression that the public lands have ceased to be a source of revenue to the Government, and that they are being squandered for the benefit of the new States. The grant of lands to the Illinois Central Railroad is often spoken of as improvident and unjust, and it is supposed by many persons that that road was built out of the lands granted by Congress, and cost its stockholders nothing. To what extent the land gave the company credit, I am not able to say, but I have before me a statement from which it appears that the road cost... Of which the company borrowed. $25,940,344 21,509,729 4,430,615 The road was built with money borrowed in Europe, and not out of the proceeds of lands. The lands could not be made available to pay their debts as they became due, and the last time I heard of it, the company was insolvent, and its road and other property had, I believe, passed into the hands of a receiver for the benefit of its creditors. In no instance, so far as I know, have these land grants proved of much value to the grantees; and those who attribute to them the rapid growth of the Western States, fall into a very great error. Their growth was just as rapid before Congress had given an acre to railroads. The true cause of their unparalleled prosperity is to be found in their fertile soil and noble rivers, and in the immense tide of emigration they receive from Europe. I am told that some of the Northwestern States, keep agents in New York, and even send them to Europe to electioneer for emigrants; and a stranger on hearing the distribution speakers in North Carolina, and reading their newspapers-depicting in glowing terms the prosperity and attractions of the Northwest, and the poverty, and ignorance, and backwardness of their own State-might suppose that they had their missionaries travelling through North Carolina, stimulating our people to emigrate. The land grants benefit them but little, if at all, for they go into the hands of speculators, who are often non-residents, on 2:9 167 fwob n#exci Large grants have been made to railroads, but they have all been on the alternate section principle; that is, the Government gives every alternate section on the line of a proposed road to the company that will build it, and doubles the price of the remaining section-the company not being allowed to select the best land, but taking it as it comes. By such an operation, the Government obviously loses nothing, and the friends of the system say it gains by being enabled to sell what otherwise would have been unsaleable. I shall not defend it. I have voted in every instance against such grants; but have been influenced to do so, less by any great wrong I can discover in the system as far as developed, than by an indisposition to sanction any departure from the old policy, and opposition to the establishment of a system which there is too much reason to fear will be abused in the future. The grant to the Illinois Central Railroad was the first, and most important made by Congress, and inaugurated the policy. It was voted for by Messrs. Badger, Mangum, and Stanly, of North Carolina, and I have never heard that their friends at home then considered it as squandering the public lands. That our estate has been impaired by misapplication of the lands, no one can, or will question; but it cannot be said justly, that it has been done to an extent to demand of us a resort to desperate expedients. After giving about fifty millions to the old soldiers, they still relieve the people of taxation to the extent of more than $8,000,000 per year. The plan on which the lands are surveyed, and the order with which they are brought into market, are worthy of all admiration, and can only be maintained by unity in their management. The plan of survey devised by Col. Mansfield in the early part of this century, admits of no confusion of boundaries and lapping of titles, such as in the old States fill the courts with litigation, and the hearts of citizens with anger and bitterness. Instead of irregular figures, running from post to tree, and from tree to stump, of various shapes and uncertain boundaries, are parallelograms of unvarying contents and indestructible boundaries. The Government surveyor, with his chain and compass, is the forerunner of freedom, and the harbinger of civilization. Ahead of both, he plunges into the wilderness, and with no guide but his needle, selects some great land-mark for his initial point. From this, he projects on the heavens his great Base and Meridian lines as the basis of all his operations. These lines are invisible to human eyes, and unmarked by human tools, but are as unvarying as the constellations, and incapable of obliteration, whilst the sun, and the moon, and the planets, maintain their relative positions. To the north and to the south, to the east and to the west, he plants his mile posts, and his halfmile posts-the mute and inanimate sentinels, which forecast and wisdom place there to command the peace and preserve harmony amongst the thousands of human beings who shall, through all time, hold these lands. The perfect coincidence of all his lines and corners, and the beautiful harmony of all his results, however he may have ramified or meandered, provided only he has followed his compass, and departed not from his base and meridian, are strikingly typical of our system of government. The needle may be true to the pole, but it is not more true than is our race to the principles of freedom and order. The precepts of the Constitution are the great base and meridian lines of our political system, deep graven on the hearts of our citizens, and incapable of obliteration. So long as we shall be true to those precepts, and faithful to our hereditary principles, we may expect harmony in the operations of our complex government, and freedom from jarring and conflicts. When we depart from these lines, and misplace the division posts between the various departments of Government, or wantonly throw down those marking the boundaries between State and Federal authority, clashing interests and conflicting claims will soon fill the land with mourning and disorder. It has been said that "the undevout astronomer is mad," because the solar sys |