The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-04

find that the Convention OF California neither claimed the
lands as her own asked the government OF the
United States 10 give them tue proceeds Tor limited
time They asked donations for schools for internal i'm
foyemenis and such other purposes A. were necessary
selves upon the name footing with other States when
they came into the Union, with the exception that they
y entitled 2 larger aa - &
California Is no less explicit so far the title Of the
United States % the land Is coacerned il recognises our
que g tne fullest extent by the clearest implication Il not
Article Of the constitution provides that
The proceeds of Al lands that may be gantsd By th<
may be sold Or disposed Of and the i've hundred thousand
of land granted to the States under the act 81
among The several States Of Union approved A D.
l8I and aesaies ef ecsased may have died
may 81 g,a.sd ty cOagsss he sai. lamd = ihis
State shall be and sena perpetual fund the nsees, q
which, together win all the o unsold lands, and
other the legislature may provide shall be invio
aby 70 the schools ihrongh
These constitutional provisions clearly show thai the
people Of California people never dreamed Of seix
ing or claiming any portion Of the public lands, under
any 81 these antquaed notions Of State sovereignty that
are now being promulgated She rcpndiates the doctrine
and il is unjust to attribute such design to her.
Now have few remarks to make about the civil law
the civil law, which the law OF Spain, the King was
the owner OF the mineral lands within his domini0ns
Well, suppose this will be conceded. and as conse-
qence by the revolution OF 1921, all the rights Of the
King descended to the republic Of Mexico and by the
treaty o Guadalupe Hdago the rights Of Mexico vested
Hence the United States have the same right in The
public domain ia California That the King Of Spain had
before the revolution and that the republic Of Mexico
ssms Fl
deem necessary to stop to inquire what these rights
may be- II we have no rights then the government has
California into the Union ii We have rights they are
secured under this bill according to the authorities have
But, SAYS the senator, Philip the Second Of Spain
issued decree upon this subject, the translation OF
which the senator has been courteous enough 70 favor
me with
i i pleasure and viii ,ha. ~ subjects and persons
asn aak e dsa shall M bs psmssa .Is o extract 3 So
hinderance, in all par,s Of the world whatsoever.
The senator says this decree has been held and pro-
non1ced by the leading urss OF SPAN 70
TINS decree them opened Al the mineral land. q Spanish
come and dig and work the mines by paving the pre-
scribed rent The senator then bases his argument
proceeded 70 portray the resulting from thai
position He says that If this position be correct all
mankind have nalenable right TO work the gold mines
Hotteniots Chilans the Peruyians, and the Sand
wch Islandersal have an inalenable right 10 extract
gold from those mines was glad that the senator cated
Spanish authority for this construction Of the decree OF
Philip the Second He was too modest 10 tell Us his
own opinion upon that point, but assuming on the au
Well sr n his Be rsvocabs then they are open &C.
cording to the decree Ia the whole world and ali man
kind haye an iaalienabe right to 30 and dig and work
them. But ito what concsion does this lead And what
is the senator's remedy for the evil His amendment
does reach the case provides that there shall be
compact between California and the United States, &C.
sound what right have California and the United States
TO dvest the inalenable rights Of the Hottentos the
Hindoos the Chinese. the Sandwich Islanders, and the
rest OF mankind to whom the gentleman alluded yester
day, as being entitled TO 90 and work these mncsf ~
your doctrine be true, you prove more man your own
amendment can remedy Il thai decree be irreyocape
inaenabe right in these mines and no power short
OF unanimous ever secure the benefits
far short Of reaching the evil a. either the bill reported
by the Committee Territories or the one introduced
by the Committee OF Thirteen. .,.,.
But, sir. not willing 10 assert the nfability OF
these distinguished Spanish uriss, who have expressed
the opinion that mere lease during the pleasure OF the
landlord is inevocablee decree ! choose TO con-
sue that decree according to the PLAIN and obvious I'M
pon Of the language employed The most you can make
OF II Is that it is permit 10 work IN the mines during
the pleasure OF the soveregn and every miner VINO snail
WILL and liable 10 be elected al any time By notice lhat
sir is the way in which read that decree. Philip II
had right e abrogas j. the very next Gay after WAS
been modified time and again since it's promulgauon.
And, sir. the owners OF that soil havea right 70
under the constitution for dsposing Of that public do
main the Congress OF the United States shall see
proper: II is matter entirely within our own
earth, in my opinion, can interfere; and, SIR, II na
matter which the amendment of the senator does not
reach, and upon which il has not the slightest enect
The argument leads conclusion that does not sustain
him in the remedy which he proposes. And. sir, what
becomes oil another position oil his, this be true his
position was that these lands and mines would escheat
TO California Sir the decree Of Philip II be in force
and revocable these lands and mines cannot eschea
California until the Hotentots and North American In
dams surrender their inalienablc rights in them The
one position, therefore, destroys the other besdes IN
another part OF the senator's speech, he had all Of these
very lands that nevocably gone selected and
taken by California under the ordina- ee giving them
the right TO take 100000 acres Of land and 20 select sso
the school sections where they pleased Certainly Call.
fornia would not have got them under that ordinance u
this doctrine be true And the senator from Louisiana
believes and acts upon that doctrine, he ought notio
have charged upon California the design o seizng these
mines under that ordinance, and appropratng them 70
her own use II was unkind to nsnuate any such de.
sign as that to State, under these circumstances
ordinance she has made The bill Of lsfl. grannnx
100000 acres OF land, gives right 10 the State 70 seee.
only those which in market, and which were no
reserved from sale need not tell the senator tnat ~
mineral lands are reserved from salereseved ~ 1wy
and no State under the OF ls4i was permued % seec
mineral lands OF any description az part o. we 1vv'y
acres NV own Saie with the richest lead mines y ine
world unen,ered and unoccupied, was prohibited the
privilege OF entering those lead mines under tne act o.
Iaaf rhe Stale OF Missouri was not permitted TO en-
~ H. and iron mines within her limits, under that
sr mar vas ihe State represented by the distinguished
senator from Michigan Mr. CAssl allowed to take the
conner mines OF Lake Superior, under The same ac
lion of that act; and hence California could not have
szed upon the mnes il she had tried, been disposed 70
40 so Besides, sir take IL for granted that when we
come 10 make compact with California, we VIII pro-