Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-29

II
sovereign States II does not speak OF this Government
sovereign government II avoids studiously the aP
plicaion Of terms that might admit OF different VIEWS and
the true idea of the Constitution OF the United STATES and
also of the constitution of every State in the Unlon Is that
powers conferred the Legislature not BY general
vague description, but by enumeration The Government
of the United States holds power which does not hold
enumerated power under the constitution or power
necessarily mpe and the be said OF every state
in the Union The constitution of each State pescrbes de-
fntey the powers that shall belong to the Government Of
the Stae But if this source OF argument IN this
case, the honorable member would md that THIS
arising from sovereignty would just as naturally adhere to
the Government of the United States to that OF the State
Certainly many higher branches of sovereignty are in the
Government of the United States The United States Gov
makes war; raises armies maintains navies, enters
into alliances makes treaties and coins money none OF
which exercises of sovereignty State Government performs
Nevertheless there sovereign powers which the State
Governments do perform. They punish crimes impose pen
ae regulate the tenure Of land, and exercise municipal
sovereignty over the land Let me remark that this question
here met il in the Senate the first session that
took my here These notions. some of them, run
in Of periodical orbit They come back upon US once
in fifteen twenty years. The idea that the sovereignty
Of Snte necessarily carries with the ownership of the pub
lie lands within It's limits, here twenty was
discussed, considered, debated, exploded went off, and
is back again, with exactly the same aspect in the hea-
VEINS that attended il then.
Sir in the year 1928 or Gin 1928 think it was-the
Legislature Of Indiana took up this subject passed these
uons, and instructed her members Of Congress to support
| them
Resolved Sc That this State, being sovereign free
independent State has the exclusive right the soil and
eminent domain of all the unappropraed lands within her
acknowledged boundaries which right reserved for her
Territory the United States being confirmed and
established by the articles Of conederacy and the constitution
i of the United States.
Thas our Senators in Congress be instructed, and
Representatives requested to use every exeron IN their
power by reason and argument to induce e United sates
equal footing with the original States every respect
| whatsoever we'll ia fact as in name
One of the gentlemen who represented Indiana that time
in the Senate, and who has recently deceased, performed
the duty imposed him by the instructions of the Legisa
ure, and brought forward section amendment to
Of the graduation bills, introduced by the honorable
member from Missouri (Mr. BExros) to that effect
"Mr HESDRIcKs in presenting these resolutions, said It
had become his duty present the Senate resolutions Of
the General Assembly State of Indiana on the subject
Of the public lands within the limits Of that State These
solutions said similar in character those the State
OF Louisiana few days ago presented by Senator from that
State They Also degree, similar to the spirit OF
memorial the State Illinois, recently presented to the
Senate by Senator from that State In resolutions the
Legislature Of Indiana has solemnl declared that the State
being sovereign free and has the exclusive right
to the soil and eminent domain of all the unappropraed lands
within her acknowledged boundaries and that this right was
reserved her by State Of Virginia the deed Of cession
which, tenab verify believe they strongly appeal
to the justice and to the pride the Senator'S and
tiyes of that magnanmous State"
s believed that the compact not to interfere with the
primary dispose Of e SOIL and not to tax the lands for
specified period cannot confer the Federal Govern
hold the soil of that State for any other purposes
than those pointed the constitution if that
pact had emanated from authority unqueonably competent
make it. had been based on policy unquestionabe
There is disposition to interfere with this compact
long has the form of existence in the statute book
But its validity questioned having been made by the people
of the Territory before the State admitted into the Union
and its rrevocabe character well the perpetual obga
ton which attempts impose the people Of the State is
believed to be derecton Of fundamental principle of
institutions, which the right of every free people to
change their constitutions and laws from time tme their
wisdom and experience may direct Nor does it seem to
the preenson OF right to assert that the General
Government may hold the soil Of the State individual
hold for by means in that character she does hold
She holds sovereign and subjects the soil of the State
the uncomfortable action Of her legislative power"
Proceeding upon the ground that the public lands
the property of the State he proposed to acknowledge that
fact by this section in the graduation bill then before the
| Senate .. ..@..... ,.... H.: .t..... >..
unapproprated lands within the limits Of the States shall
be, and the hereby eeded and renqushed in full
property to the several States in which the be-
condition that such State shall not time hereafter put
such lands into market lower minimum price than shall
tories and condition that the Indian title lands within
limits OF State shall hereafter be exnguished at the
! expense of such State"
On that occasion, sir the Senate addressed much
holding eminent station the bench of the national judi
ciary, who then member of Congress from Alabama.
He maintained game general idea. He said:
have long entertained the opinion that the United States
purposes enumerated in the constitution and whatever right
they had to the SOIL while the country remained under Terri
ora Governments passed the States formed the
territory their admission into the Union equal footing
with the old States.'
The honorable member from Louisiana only following
these presidents. The argument of his able and learned
speech founded the general idea Both gentle
men, on that OCCASION and the honorable member em LOUISE
ana on this rest their argument the supposed maxim
OF national law, public law On that occasion the gentle
men quoted from Vae exactly what the member from LOU
| islana quotes now 49,
The general domain of the over the lands it in
itself vacant country the nation certainly did not pretend
have the least dependence there any other And
how should independent nation avoid having authority at
nome How should it govern itself at its pleasure in the
country nhabits truly and absolutely dispose
And how should it have and absolute domain Of the
and the right it comprehend away its freedom Of
disposal" ....G -
Nothing is more just than that doctrine Of Vatte pre-
pery understood If nation establishes itself in coun-
try existing aoHtout ownership, why then the vacant
lands become its own. But, If number of persons
occupying land that o,cped living in country that is
under another Government establish political community
follows of course that by act of theirs can they dvest
the original ownership The United States own this terri
tory The land is theirstheirs by acquisition 1t belongs
to the Government of the United States and people of the
United States Now, if people owning those parts Of the
country appropriated heretofore individual by the King
Of Spain or if people resident there without title establish
political community, by what process It be made out
that they become entitled to the whole country The doc
trne Of Vatte have shown is only applicable to case
where nation enters into country Uacant Of Ownership
and il the gentleman whose words have read had been kind
tn of