The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-28

pLOpcf-
by the insertion OF the following section in the gradua-
ton bill then pending before the Senate;
sEc. And Be Il further enacted That the public and
shall be- and the are hereby, ceded and renqushed
in full property 70 the several States In which the same
hereafter, put such lands into market a lower minimum
price than shall be established by law the Of pub
le lands within the Limits Of any State shall
be exsingnished at tho expense of such State.
On that occasion the Senate was addressed much at
hongp sa s u IN
country, then member Of Congress from Alabama He
maintained the same general idea He said
have long entertained the opinion the United States
purposes enumerated in the constitution; and whatever
right they had the SOIL while the country remained
the same territory on their admission into he Union on an
equal footing with the old States.
So the honorable senator from Louisiana Mr. SoULEl
IS following precedent His argument, so far can
underestimate Is Ingenious able and learned but founded
upon the same general idea Both the gentlemen upon
that OCCASION and the honorable senator from Louisiana
upon the present, have based their views upon some
maxms Of national and public law One Of those gen
tlemen, Mr. Hendrcks for example, quoted this from
Vauel-exacty what the honorable senator from Lou
slana quotes
The general domain Of the nation over the lands il nha
Us Is naturally connected with the empire for. establishing
llsef IN vacant county the naton certainly did not pre-
and how should an nation avoid having au
hority home How should IL govern itself It's pleas
nley dispose il And how should il have ,hr iai and
absolute domain Of the place in which has command
Anothers sovereignty and the right Il comPrehends must
take away It's freedom Of disposal.
Sir nothing is more true, nothing is more just than
this doctrine OF Vael, for nation which has settled in
country without an ownership There the vacant land
occupying land that Is owned, living in country under
another government, establish political community by
act Of theirs how can they dvest the original owner
tn haur ind tha lnifa
owns California that the land is theirs II Is their
QUESTION: II belongs to the government OF the United
States Now, persons own particular parts Of these
divduas by the government Of Spain. and if they are
not diyested OF their property by the erection Of State
appear that the United States are dvested and that the
whole domain acquired to the government of the State
That doctrine of Vattel is. have shown, only appica
Of ownership II the gentleman who has read from that
author had been kind enough to read the whole OF the
authority he would have found think exactly the prop
er distinction He left of in the middle OF sentence in
VatteI The entire quotation is as follows:
The general domain of the nation over the lands she i'm
habits naturally connected with the empire for, In esab
not intend 70 IL snbscoa % aoy ohe
power and can we suppose an independents nation not
Ths hrs aay obevsa
possession Of country the nation presumed to take
proceed further and show the natural connexion Of these
two rights In independent nation. How could she gov
herself a. her own pleasure 10 me country she nhab
could she have the full and absolute domain of place
where she has not the command Anothers sovereignty
free disposal Of that place. Add this the eminent do
ae
tween the domain and the sovereignty of the nation And
S domain Of tho bodg Of ns non
the sovereign who represents IT, everywhere considered
the ss that
Individual IN the State may be separated from the sover
naoa IN pacss sa are nas Se1
Thus many soveregns have es and other possessions In
m s o. ne
The sovereignty united TO the domain, establishes the
Ss G ss bs psonoe e5 Or Of
sregn exercise justice In all the places under her urs
icono take cognzance of the crimes committed, and
The differences that arise la the country. aeVA w /
Now, that is precisely my view: The government !
possesses in all respects, Its title in the same manner as
VI retain theirs Ins municipal scveregny
lions OF the SOIL belongs to the new State government
within her limits. That is unquestionabe.
ss hin aey aay
,f it-nohing at all Another government may possess |
1. precisely individual may. The United States
nay sun nola % ana IA a. WEI. ,hs
hat the government OF the United States holds land only
Tor one great purpose-that s to sell 1t holds It IN
rust to sell i for the benefit OF the government and so
soon sold, ii under the municipal sovereign i
parakes OF the qualities other land and is subject to all
he rules prescribed by the legal sovereignty The only
exception is ths that in regard TO lands OF the United
States, that is established by law which, in regard to in
iivduas, might be established by contract; that is that
during certain period those lands the property OF the
United States, should be far exempted from the mu.
ncpa sovereignty under which they are placed as not
10 be subject TO taxaton and afterwards that the lands
held by residents be taxed highly than
hose Of residents With this exception, which tits just
competent for individuals to make by contract as Il is
for the Congress OF the United States 10 impose by law
The mode in which lands held in State precisely
The regards individuals and the United States
They are exactly the same.
Sir every part OF our American history abounds with
instances OF this sort within the sphere OF her gov
ernmeni and without the sphere of her government
think have understood that, with all her domestic |
sovereignty the State Of New Jersey possessed any
public domain authority the uncultivaied lands
within her limits The title was, believe, in the pos
State government bad no control over them 80 i hap
pened in great portion Of New York. Massachusetts,
claimed title 10 great part of the western section OF
The State OF New York She sold il TO Mr. Morris he |
sold i to B. and Phelps and they sold il TO the Hol-
land Land Company. understand that onehrd OF the
Stale Of New York was owned by foreign company. /
hat was never supposed to be an infringement oil the
right OF the State OF New York. The same thing has
happened in other cases.
Now the question OF sovereignty does not arse.
The history OF titles in this respect and me MS
Tory OF the laws and usages OF the country IN tins par
cuar, have been fully detailed by the honorable mem
Der from Illinois, [Mr DoUGLAsl and snail not 20
redents Taken together they are all one way There
nay be exceptions here and there but the general idea
has been that The creation OF State the admission OF
State had no effect at all upon the property OF the United
States living within its limits. II is hardly worth while
Tor me this atmosphere to argue thus point at length