The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-03

disposal Of the territory and other property of the United
States The constitution is imperative on thus point
You cannot transfer these lands under that clause which
provides for the admission Of new States into the Union
The object OF these two provisions OF the consitnon
and the powers be exercised under them entirely
different and distinct The one provides for the adms-
sion OF States, and the other for the disposal OF the
public domain Both being provided for in different
articles oil the same Instrument you can no more dispose
OF the public ands under the clause for the admission OF
new Siates than you can admit States under the
clause providing for the disposal Of public lands When
you shall have admitted California into the Union under
the provision OF the constitution pertaining to that SUBJ
ect will be entirely competent Tor Congress to dispose
OF the public lands within her limits in obedience to the
other canse TO which have referred But the senator
from Louisiana has cited the fact that the ordinance Of
1857 was extended the State OF Tennessee while
Territory, as evidence that there was compact with the
people OF that State reserving the public lands 20 the
United States True, the ordinance was extended to
that Territory; but howl By compact' BY an agree
ment with the people Of Tennessee Not at all. twas
done by the act OF Congress when noa IN my nand
agreement The people of Tennessee never assented
10 the ordnance and were invited or expected to
assent TO T. Il was adopted by Congress as an approved
form OF territorial government II had just the force OF
an ordinary act OF Congress. and no more The same
remarks true OF the adoption Of the ordinance in Ala
bama and Mississippi Congress did not propose i 70
them as compact, and the people did not accept OF its
terms and conditions II had the force OF law, because
i was an act oI Congress, but ceased to exist when
those Territories erected State governments and were
But, sir, the anator from Louisiana has fallen into
another error in regard to that ordinance he seems to
be under the impression that Il was compact between
the United States and the States and Territories northwest
oil the Ohio to and adopted by both parties
Il is true that heordnance purpors upon its lace 70 be
compact, but 1t vas never submitted to the people Of
those States and Territories for ratification II was never
adopted by the Ieope OF Ohio, Indiana, Illinois, Mich
igan, and Wisconiin, either of them Congress- pre-
scrbed il to them ,s the charter Of their territorial gov
ernments and they acquesced in it, during their territorial
condition. the same they did in all other acts OF Con-
gess And it any portion OF that ordinance can be sup
posed to be in fos now, since the admission OF those
States into the Uon, il certainly have more Ell
feet upon those Shtes than the third section oil this bill
will have upon thu State OF California. Both reserve to
the United States Ill control over the public doman Tree
from mosstation sr taxation by those States IL there
fore. the ordinance, which had no other validity than The
fact OF having been adopted by Congress- was sufficient
TO protect the rights Of the United States within the limits
oil those States, without having been accepted by them,
surely the third section OF this bill which emanates IRON
the authority and embraces the same provisions,
will be sufficient tc produce the same results IN
Alabama has also been referred having entered into
compact with The United States in reereuce to the pub
lie lands, addition to the ordinance That very true
slr and read the terms OF to the Senate the other day.
people Of the Territory OF Alabama 70 constitution,
and come into the Uulon. But, sir, he senator from
Louisiana is entirely mistaken as TO the nature and object
OF that compact The terms not proposed BY Con-
gress as conditions upon the acceptance oil which Ala
bana 10 be admitted into the Union, or to be ex-
cluled, il she rejected them Her admission was not
sons The first section OF the act provided for her adms
sion the Union uncondonay, upon an equal footing
with the original Staes in all respects whatsoever Then
The sixth section submitted certain propositions TO the
State. "ior her tree acceptance rejection" III
she accepted them she the Union, and she reject
ed them, still she was in.the Union. N
Here Mr.. DOUGLAS read the sixth section OF the act
TO the Senate.
The only effect Of the rejection OF these propositions
would have been that Alabama would have forfeited her
rights to the sixteenth section for schools the two town
ships for seminary OF learning, and the five per cent
the sales Of the public lands for education and internal
improvements, and the other donations provided Tor In
the compact Her admission into the Union did not de-
pead therefore, in any degree, upon her acceptance OF
these terms
The senator from Louisiana has unconscously fallen
into the mistake in regard TO the compacts with
other States. With the exception OF Louisiana and Mis-.
sisspp, which fully explained the other day none OF
them were required TO be assened TO as conditions Of adj
mission, but simply the terms upon which they could
receive their school lands and the other donations usually
made to States In regard TO Florida and Iowa,
have only TO remark that by reference TO the ACT OF the
Sd Of March, ls45, which hold in my hand. II will be
seen that these States were admitted without any com
pact whatever in reference to the public lands Objections
were made 10 the boundaries oi Iowa, and she was re-
CURED TO change them as condition OF her admission
Union nearly two years The usual grants OF land and
other donations subsequently made to each OF those
States, and Iowa entered INTO the usual compact whAe
Florida has done so 10 this day. repeat there
oe that the history oil legislation upon this subject
stands precisely presented il to the Senate the other
lay.
Now, afew words about the mines. The senator com.
plains that did understand The effect OF his amend
nent in reference to the mines He says that his amend
ment does not propose to the United States the
OF the mineral lands, but merely TO retain the
control Of them. Now, what s his argumentf IL is
that the mines do not belong 10 the United Staes that
under the Spanish laws they were vested IN individuals
hat they have become private property; that the United
States have more power over them than they have
over the domici OF any private citizen OF the United
States resident in the country Sir II that be the case, lei
ask what right have to from California the
privilege OF controlling and regulating private property
within her limits! You have no more right to do that
han you have to reserve the privilege oil controlling the
ams sorehouses workshops and other property IN the
other States in the Union. II you make that reservation
relation private property with the view OF taxing II
Tor the benefit oil the United Slaes you Will deprive the
State OF California Of the chief source OF revenue for the
support OF her State government IL those mines are
public property, | apprehend they are, you have
right them and collect the rents Tor the benefit
Di the United States But II they We're private property
the senator IRON louisiana insists they have passed
beyond the control OF this government and become the
rghtfu subject OF by the State OF Cailoraa
much any other species OF private property with
Ia her limits Have you the power much less the
viii, 10 make this unjust and odious discrimination
between California and all the other States oil the
Union When she IS admitted she must come into
he Union equal foong with the original States
in all respects whatsoever The United States once
held and leased extensive mineral lands IN Illinois,
Missouri, Iowa. Wisconsin, and Michigan. The peo
pie Of those States have had ample experience IN this
system OF leasing the public lands. II was found 10
be injurious and unous the country where the mines
we're situated, without yielding dollar OF revenue to
he government after deirayng the expenses OF keeping
no the system. The representatives o those States made
war upon His policy until at last the government aban
Toned it, and brought the mineral lands into market and
sold them as other lands Did the United States attempt
haul fntat