Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-07-06
SPEECH OF Mr.. DOUGLAS,
OF ILLINOIS,
liz SENATE, JUsE 26, 1850.
On -Nr. SOule's amendment to the Compromise.

Mr.. DOUGLAS. Mr.. President, propose reply to s.
much of the argument Of the Senator from Louisiana (Mr
SouLE) relates TO the public lands of the United State
within the limits of the State Of California. feel m,
duty do whatever may be able to vindicae the bl
against the charge that in the shape in which It cams from
the Committee Territories, with the amendment subse
queny offered by way of abundance OF the lands
would escheat the State of California, and that the United
States would be Invested Of its title shall not occupy the
attention of the Senate discussing many other topics which
were argued by the Senator from Louisiana What few
words may have say upon the question boundary will
be said when amendment which laid upon the table
few days ago may be taken up for action.
Now sir in regard the position OF the Senator from
Louisiana that under this bill, il becomes law the lands
there will esheat the State of California The argument
by which the attempts TO maintain that position rests
entirely upon assumption that each State OF the Union Is
an absolute sovereignty and that sovereignty necessarily
includes and nseparable from, ownership OF the SOIL
do not deem necessary for the purpose OF this argument TO
INQUIRE how the States Of the Union soveregntes
understand that sovereignty do any and all acts not
prohibited by the laws of nations, the laws OF God
There are many that the States of the Union cannot pei
FORM which do within these exceptions many acts
which involve the highest attributes OF sovereignty such as
making war and peace coming money, regulating commerce.
great variety of other powers vested by the constitution
the United States But, sir, will not occupy time upon
this point OF sovereignty the States OF the Union may
be said il | may be permitted to use such an express
SON. be limited sovereignties. That is to say, they
sovereign within the sphere Of their appropriate du
ss and the extent that they not restrained by the
constitution.
But passing to the latter part of the proposition, which
implies that sovereignty necessarily includes ownership
Of the soil. This proposition is attempted to be main
tanned by quotations from Vattel 1t is not my purpose
question the high authority of that author but 1t should
borne in mind that Vaite wrote Of the laws of
lions and the principles of government as they existed
the time that he lived At that period the feuda system
in full vgor. 1t constituted the basis upon which all
European Governments were constructed According 10 the
theory Of that system, the sovereign was owner OF all Inc
1;v;Ja HE
ns nobes who become bis vassa and held condition of
rendering military other service, and those mobiles divided
again between their vassals like conditions Hence the
sovereign understood least by fiction OF law, to be
of all the soil within his kingdom although others
held in possession. And sir Va,tel speaking of that
system when he nded the passage which has been quoted
from his work to sustain the position now assumed by the
from Louisiana have only to remark then, that
the feuda system in existence here swept
away by the revolution, and the last vesges of
All of titles allodal. We hold our lands by fee
simple tenure entirely independent OF the Government and
without any condition of the rendering service Or paying
homage therefor
Now, Mr.. President, when to consider this ques-
with reference the States Of this Union have
acted upon the principle that ownership the soil an essen
m ingredient Of sovereignty not even before the adoption OF
Union were permitted to hold land within the boundaries of
Others Connecticut did within New York. and subsequent
ly in Ohio and Massachusetts does within the State
Maine In other States, boards of PROJECTORS whose titles
acquired 10 the revouuon, 10 nolu the
public domain and do at this day, is the in New
Jersey. Hence have acted upon the principle
that the sovereignty necessarily includes the ownership of the
SOIL When the revolution took place. and system OF
government called into existence, all the vacant and un
appropriated lands within the different States OF the Union
the property Of those States for the papabe
that there other
But the operation of this principle only extended the
vacant and unappopated lands and Invested the title OF
person power earth except and her adheens
with Wh we wefe n
regard these lands had reference to the territory northwest
OF the river Ohio. That territory at least portions of it,
claimed by various States being within their respective
limits. Nearly all their charters from the British Crown in
terms extended westward according the indicated
indefinitely the South Sea Pacific When the geogra-
ply of the country to be better understood and the
boundaries OF the colonies States they were now called
ascertained discovered that In the territory al
ued they and nto and Tapped each other
that the district of country actually embraced
within the chartered msof three four different States.
This difficulty solved and dispute amcaby settled upon
che accommodation Of Congress- by cesson by Virgins,
New York. Connecticut and the other States interested of
said territory the United States. have in the volume be-
fore all these deeds Of ceson which in the United
States the title all the lands in the territory northwest of
the Ohio.
Government which the largest land owner perhaps in the
world has held foot Of land by virtue of its
reignty Sovereignty not the title by which we have
claimed or held of public lands. We hold the
his own estate The Government holds its lands by deeds
In the Of the Northwest Territory, she held
j, by deed Of cession, to which have referred In the
case Of Tennessee she held by deed Of ceson from North
Carolina In Mississippi and Alabama, she holds the lands
by deed Of cession from Georgia The lands in Louisiana
territory, including the States Of Louisiana, Arkansas Mis-
souri, Iowa. and the territory she holds BY cesson from
the Government Of France Florida she acquired by ceson
from Spain and New Mexico and California by cesson from
the republic Of Mexico Hence all Of the public lands
held by the Government by purchase by cesson by deed Of
upon adequate consideration, the any
individual holds his estate and not by virtue Of the
regnty Of the nation.
Now, having ACQUIRED title to the lands by this mode
fne question which is whether the United States
hold and dispose Of them the individual Ihe
constitution itself that inquiry. That instrument
provides that Congess shall have power to dispose OF and
make all needu rules and regulations respecting the terri
tory or other property belonging to the United States
This provision authorizes the United States to be and become
land owner and prescrbes the mode in which the lands
nay be disposed Of and the title conveyed to the purchaser
Congress make the needfu rules and regulations upon
this subject The title Of the United States he Invested
by other power by other in no other mode than
that which Congress shalt sanction and prescribe. cannot
I've done by the action of the People Legislature Of Terri
State These modes unknown TO the constitution
y cannot be done under the clause Of the constitution which
provides for the admission Of States for another portion
of the instrument coners the power and points out the
mode of its exercise in express terms, which excludes the
idea that the power be derived by implication from
another portion Of the constitution Hence the admission Of
State into the Union under the clause concerning States
cannot be construed alienation Of the public lands The
title of the United States he Invested under that clause
of the constitution. Under the State may be admitted into
the Union, but still il would be for Congress-
der the other provision Of the constitution which have
ferred "make needul rules and regulations in order
transfer the public lands The right ALLEVIATE the LANDS