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

sovereign States Il does not speak of this Government
"soveeign government II avoids siud'onsiy the aP
plicaon Of 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 Union is that
powers conferred the Legislature not by general
vague description but by enumeration Inc ''oVernmen
the United States holds power which does not mold
as an enumerated power under the constitution or power
necessarily imped and the may be said OF every state
the Union The constitution Of each State prescbes de-
fney the powers that shall belong to the Government OF
case the honorable member would find that this implication,
from sovereignty would just 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; armies maintains navies enters
into alliances, makes treaties and coins money none oil
which exercises of sovereignty State Government performs
Nevertheless, there sovereign powers which the State
Governments do perform They punish crimes impose PEN
ales regulate the tenure Of land and exercise municipal
sovereignty the land Let remark that this question
here. met it in the Senate the first session that
took my seat here These notions, or some OF them run
in Of periodical orbit They come back upon once
in fifteen twenty years. The idea that the sovereignty
of Suite necessarily carries with the ownership of the pub
lie lands within It's limits, was here twenty years ago. was
discussed considered, debated exploded 1t went off, and
is back again, with exactly the aspect in the hea
vens that attended it then.
Sir, in the year 1928 or Gin 1928 think was-,he
Legislature of Indiana took this subject passed these reso-
uons and instructed her members of Congress to support
than: #t#
Resolved Sc That this State being sovereign free,
independent State has the exclusive right to the soil and
eminent domain Of all the pnapproPraed lands within her
the State of Vgna the deed OF cession OF the
western Territory the United States being confirmed and
established by the articles Of contederacy and the
i fthe United States.
Thas our Senators in Congress be instructed, and
Representatives requested, to every exeron IN aer
power by and argument induce the United States
acknowledge this vested right of the State and to place her
upon footing with the original States respect
whatsoever, as well in fact as in name"
One of the gentlemen who represented Indiana at that time
in the Senate and who has recently deceased performed
the duty imposed him by the instructions of the Legisla-
tue, and brought forward section amendment to
of the graduation bills introduced by the honorable
| member from Missouri (Mr BEKToN) to that effect
"Mr HENDRICKS, presenting these resolutions said
become his duty to present to the Senate
the public lands within limits of that State These
solutions said he similar character to those OF state
Louisiana few days presented BY Senator rom that
memorial Of the State Of illinois, recently presented to the
Senate by Senator from that State In these resolutions the
Legislature Indiana has soemny declared that the State
being sovereign free and has the exclusive right
the soil and eminent domain of all the unapproprated lands
within her acknowledged boundaries and that this right was
to her by the State Of Vgna the deed Of cesson
Of the Northwestern Territory to the United
which, enable verify believe they strongly appeal
to the justice and to the pride Of the Senators and
Sc" believed that the compact not to interfere with the
primary dispose Of te SOIL and not to tax the lands Tor
hold the soil of that State for any other purposes
than those pointed by the constitution if that COM
pact had emanaed from authority unquestonaby competent
make it. and had been based policy unquesonable
There is disposition to interfere with this compact
long it has the form Of existence in the statute book
But its validity questioned having been made by the people
the Territory before the State admitted into the Unions
and its rrevocabe character well the perpetual obga
which it to impose the people the State
believed to be derecon of fundamental principle of our
institutions which the right of every free people to
change their constitutions and laws from time me their
strengthen the preenson of right assert that the General
Government may hold the soil Of the State as an individual
hold by that character she does hold
She holds sovereign and the soil of the State to
the uncomfortable action Of her legislative power"
Proceeding upon the ground that the public lands were
the property Of the State he proposed acknowledge that
fact by this section in the graduation bill then before the
Senate ,... .4..& e. "a. .. ....., ... +.
"Sec. 6. Ind be further enacted That the public and
unappropated lands within the limits Of the States shall
be- and the hereby ceded and renqushed in full
property the several States in which the be,
condition that such State shall time hereafter
such lands into market lower minimum price than shall
be established by law for the sale public lands in the Terri
tories condition title lands within
the limits of State shall hereafter be eXtngushed at the
] expense OF such State" -.." ....Ea
On that OCCASION sir, the Senate addressed much
engthin support Of the proposition by gentleman
holding eminent station the bench of the national judi
ciary, who then member of Congress from Alabama.
He maintained thesame general idea. He said:
81 have long entertained the opinion that the United States
hold land in any State OF the Union for the
enumerated the constitution whatever right
they had the SOIL while the country remained under Terri
oria Governments passed to the States formed the
territory their admission into the Union equal footing
with the old States . ,
/ The honorable member from Louisiana was only following
these precedents The argument of his able and learned
speech was founded the general idea Both gentle
men, that OCCASION and the honorable member em Lous
ana 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
isiana quotes now ~ ...... 100. +, ...,..,".
The general domain of the nation the lands it in
habits naturally connected with the empire establishing
itself vacant country the nation certainly did pretend
to have the least dependence there other power And
how should independent nation avoid having authority
home How should it govern itself its pleasure in the
And how should it have the full and absolute domain Of the
place in which it has command Another's sovereignty
and the right it comprehend must take its freedom of
! disposal"
Nothing is just than that doctrine Of Vae pro-
pey understood If nation establishes itself in coun-
try existing Uitoh ownership, why, then, the
| lands become its But, if number of persons,
occupying land that otcped, living country that is
under another Government, establish political community,
follows of that by of theirs they dvest
the original ownership The United States own this terri
tory. The land is thes-thes by acquisition. 1t belongs
to the Government of the United States and the people the
United States. Now, people owning those parts of the
country appropriated heretofore to individual by the King
Of Spain if people resident there without title establish
political community, by what process be made out
that they become entitled to the whole country The doc
rine Of Vatte have shown, is only applicable
where nation enters into country uaca Of ownership;
and if the gentleman whose words have read had been kind