Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-07-06

hc nsoeua VI aBfceient, oI COuPacs VI Ao
cesssy in order secure the United States the property
Of the public lands public domain now belonging to the
United States, and lying within the proposed boundaries Oh
california; That the question. Is 1t necessary that some
hing further be done the part of California to make sure
the title of the United States and their possession and enjoy
ment TO and Of the public lands The honorable gentleman
holds the affirmative of that proposition and with proper
Difference hold the negative. And stand upon the history
Of the country, from the period Of the admission of the first
State where there public land intended disposed Of
for the benefit of the United Saes-I mean Obioand that
was IN the year 1903 The honorable member has said and
showed that though IN the act admitting Ohio there
don inserted, il here that the public lands shall be
taxed there is no stipulation by Ohio that the primary dis
of the soil shall not be nteered with and that either
the consideration that without any such condition the
primary disposition of TIL soil could be inerered with by
the State from the fact that proper provision applicable
the whole Of the Northwestern Territory, had been already
inserted in the ordinance of 1887 not which way
be taken. What mean say this, that from the FIRST
establishment States this Union territory possessed
by the United States limits within which the United
States had less public land has not been regarded
part Of the public law Of America that the States, BY
merely being created States BY any implication arising from
their sovereignty, otherwise have obtained could OBJ
tan any right whatever the public property Of the United
States within their limits. Such understand has been tho
whole history of the country and such precisely the de-
cson of the Supreme Court the referred to myself
yesterday The honorable member from Louisiana is KING
enough admit that this question were to be discussed in
forensic form, if before court to settle this
question question of law, he kind enough and fair
enough admit that the decision would be against him.
Mr. SOULE. Will the Senator allow me to say that what
stated that in another forum the authority
quoted by the distinguished Senator would carry with
greater weight than would be entitled to in this body
Mr.. WEBSTER. Let ask why should that authorf.
y quoted day in the Supreme Court have any greater
respect weight attached than if quoted here The
suggestion of the honorable member was that this political
question is just the question which has been decided IN
the referred 1t is question OF expediency, no
question Of wisdom folly Of prudence or imprudence I'D
matters of political II is just exactly question OF
public law 1t of the effect of the treaty with Spain OF
1885, upon the provisions the constitution and the acts Of
i Congress admitting Alabama the Union That is ju-
dclal question emphatcay question OF high public law
and Just exactly the question here to-day that was
when before the Supreme Court And however we decide 1t
here, if dispute about it, II must go back before the
tribunal. TO be there again adudged 1t is therefore,
question of political expectancy, have said, and no
question of what wise unse but question Of con-
stutonal law, and that question has been decided by the
highest tribunal in this Government And has been decid
ed should have said yesterday, and perhaps did say not
upon any ground of conflict between the sovereign IN
this Government and the sovereign In State Govern-
men' Not ALL The court rejected that ground The
court proceeded upon the idea that the local sovereignty
cessay had control all lands lying within It's limits,
except far it had parted with that control to Individuals
and except far the United States by virtue OF the con-
sutona power of Congress- retained control over the public
domain lying within such State.
The honorable member has said with great propney that
if separate the useful domain from the sovereignty, why
then the useful domain may to individuals well as
Governments; and the gentleman will remember that said
the very thing yesterday in just many terms But
then the gentlemen alarm US by the danger OF this
construction. He would enable this Government to
grasp all the lands lying within Slate and establish Fed
era enanry within that State. think the grasp Of the
genemans imagination in this respect far wider than any
possible grasp jurisdiction by this Government. He must
take along with the general proposition the proper limitations
and that that the United States held these public LANDS
within State only for sale and settlement other proper
disposal The language OF all history OF the cessons, the
ordinance the constitutions and all the Jaws in accordancs
49, G.-.u- L~I1 kol~ -J.
va,e not to lease simply sell dispose Of They pro
the lands till sold disposed off and there their au-
hory ends and every acre, when sold comes under the
proper dominion Of the local sovereignty
4 The honorable member thinks did him some injustice IN
emitting notice what contained in his amendment in
respect the mines certainly did not intend any injustice,
or any omission But struck that the question Just
the regard to the mines in regard TO the ordinary
lands which the United States obtained from Mexico by ths
treaty. What is true of must be true OF the other
Whatever the Government right in Mexico either to tbs
lands or Mines passes Government Of the United States
Whatever right in lands mine had passed from the Gov
of Mexico private ownership remains in sucfr
ownership exactly the sovereignty been changed
Now is OF of consequence to this argument or the
question arising in this what were the laws OF Mexico
whether derived from Spain established by her
regnv after she had been separated from SPAIN So far
private rights vested in lands mines they will remain
vested and every thing that still adhered to the sovereignty OF
Mexico has passed the United States be disposed Of
the United States shall think proper If there be public do
in the mineral ands, the United States will be entitled
hold them and dispose Of them and if individuals
entitled hold any part Of Them they will be entitled
toconnue hold them. The honorable members amenas
proposes that California shall obruct impede any
control which the United States may wish to exercise over
the mining region. Need take bond from California
that she will inrpose her power to obruct the const
and laws of the United States Any thing done
be done, or omitted be done by California neither
large diminish the power OF the United States over the
lands in California. Nothing is clearer general rule
than that the constitutional powers of Congress mora
be enlarged the assent Of States than they be diminish
ed by their dissent.
The honorable member audes again, to what he considers
possible DANGER great magnitude the rest of the Union,
thinks there may be within these boundaries one two
three millions Of people time to Pray, Mr..
President will the honorable member allow to ask if he
supposes the division Of the territory into two Territories
States will tend retard the population of the whole 80
that there will be in the whole of the two States great
population there would be in did say yesterday,
and said truly, that thought the very urgent and inn
poran that danger and great danger, likely 10
further delay in admitting California into the Union
Mr. President, ! will de,an the Senate longer thao
simply read again the substance Of the decision to which
referred Yesterday, because did not that occasion furnish
the reporters with the exact extracts
sWe therefore, think the United States hold the public
lands within the States force OF the deeds Of cesor
connected with them, and not by municipal
sovereignty which may supposed they possess have
reserved BY compact with the States for that particular
purpose.
Full power is given Congress sto make all needful
rules and regulations respecting the territory other
perry of the United States This authorized the passage
all laws cessay the rights of the United States
the public lands and provide for their SALE and to