Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1850-04-12

II phe said Territory and orrcr remain 'lera6e
unless BIZ mon coiiSehi- ;. - ..,, ,,xo,;da5
The fourth article OF that ordinance W eohfae' P'
amonp other things that, ,., , ~
Tile Legislatures OF those dstic's o. eT s', s"u'.
u.,er interfere nth the primary disposal q ne son. oy ne
-d s,s in Congress assembled, nor with any rcgua-
ions Gonaress may find necessary Tor securing me ute IN
smch so 10 the bone fdc purchasers 70 Tar mpos
ed IN land The propertyQf the United staes ana no case
60 N M nropreors be Jared higher than residents
sln ;hle Yates leading into the Mississippi and ST.
and the carving places between the same, shall
h. common highways and forever tree as wen 10 Tue nao
irans of the said territory as TO the CITIZENS Oh 'e
and those of any other State that may be admitted
n rho ronfJaracy without any tax duty or inpost there
for" sao,.o =. orr ,o,, c,,,
, If relinnuishent could have made it, and coupled with
IN. mower which Congress possessed 10 wod 70
the admission OF State, until The puolc eonn wi'n II.
ins were disposed Of left the means OF security OF ta
dnn,in COMPLETE But the treaty OF oU5 brought large
additional territory into the Cnon TO when The ordinance
OF 1851 did apply and hence, when LOUISIANA acu 10
,dmd in Isl directions were raised that vast pof-
% If the nubc domain within her limits remained unsold
and that if she was admitted until II WAS disposed OIL was
than doubtful the L. states cGu o .r iU 10
meet the wishes of the people Of LOUISIANA anu al me same
umc save the rights Of the United States within her
borders, the expedient was devised oil eNarnn9 com
pqct Of rei:agushpe9n both of e 10 inc anas ana Of
,nht Il, TAX them while they remained lnsod, ana ac
c,inyy the act of Congress of Feb 20 ISL authorizing
lie pcople of that territory 10 form Constitution and
state Coyernmcnt exaced precedent condition, and
befors the Stat Of Louisiana should Dc GdmtHed 'r!o
he Union that her Contention should proylcc by an oTd
nance irreroabc lro the consent the United States not
Ia interfere with the primary disposal OF the ihas VI w
United States nor them until the same had been
disposed Of" The Louisiana Convention performed thc
conditions executed the ordinance OF compact ri elnqu'
meat and then the State of Louisiana was admitted lnto
the Union Similar ordinances or conpacts Of rcllnlus-
snt were cxaccd OF Mississippi by the &c; OF Congress 81
March lsl7 authorizing her 10 form Constitution and
STATE Government: of Alabama by the of Congress OF
March , 1919 and of Missouri by the act of Conscss OF
March g. 1920 for similar purposes All these ordinances
were executed by the several state Conreaos 6oFs any
ifIs1I NM mn .1r Ia
benefit of those who may have access to the books and
may he curious the terms used III the acts o ConseS-
cxacng these ordinances, and as the provisions OF 81! The
acts touching the accomplishments to h. Glade, are aHc
shall here quote from the act Of Congress entitled
AN act 10 enable the people Of the Alabama Territory to
form Constitution and State Government and for The ad
mission Of such State INTO the Union, on an cYudf Oos
rM The original StIicS
qhe 9Th section of the provides, "Tha the following
propositions be and the same are hereby offered 10 the Con
yenon of the said territory Of Alabama when formed for
their free acceptance rejection which, If accepted 10y The
Convention shall be obligatory upon the United States
The Isl clause the section grants the State The 18th
scction of every township for the Of schools. The "a
clause grants to the State the Salt Springs therein, with -
sections OF land contiguous thereto The 3D. clause grants 10
In, State per cent the nett proceeds Of the sale. o te
lands within the territory "or making public roads canal
and mproyn the navigation NJ rivers ii which IceitA-
sail be applied those objects within the said S;a,c
her Legislature and twohs 10 The making 81 .oa.
road, LEADING 10 Tie suid STATE under The direction 81 Con-
gc.s" The lin clause grants 10 the STATE " sccrgns -
lni 10. the Of an University &c. 1t The cs. "te:e2s
ID a found the important rcqu>on Tor I:Tenl.- y
daancf, lad is thus expressed:
I,ror:asd ARRAYS df Me aid convention stgH 3r2r>
an Ortiiance irrerocaHe lruoh> eonsen; Of as mr.
Sttes aai The ptotle iaiaJay said :,r-i;g-g - c,e,
and dcciar that fsy tor,rer dcsi al rght aud ~. 70 ~
,caste ant snapJpojriad hads lying ssan he ,aic :e-r
torn; and that inc shall be and a. .te sole
and entire disposition Of the United States and
that each and every of land sold the United S:a:cs
after September 1919 shall beand remain exempt ifo any
lail by the order under the authority VI the STATE
whether for State county, township parish or any other
The respective DAYS of the sales thereof and tina, the LANDS
belonging cns OF the L. States, shall never be taxed
higher than the lands belonging persons residing therein
and That tai shall be mPoeed on la"ds III property q
tie Tned >dS; and that all naygahle waters w;n the
said State shall forever remain public highway! tree ~ the
citizens of said State and III Tho United StateS, without any
tax duty, mpos, toll therefor, imposed by The said
State
The ordinance itself which the Alabama Convention exc
cuird is not before me- but commend II Tor additional
light every ones pcusal II IS 10 be found IN either Of
Toulmins Atkins editions OF lls law. oi Alabama Ne
Their have present access 10 the several journals 81 Tie
four Congresses which admitted into The mon the States
Of Louisiana Mississippi Alabama and Missouri, bat
learn from gentleman who deeply interested IN The at-
mission Of several nj icm and who was present as >cn
tor ard voted for the admission Of Missouri that there :crc
dissenting opinions tine necessity orr least OF the r
OF admitting State whou, cxaciing tron her prior 10
Of the United States, providing, as III tie Csc OF llata
ma that her people should f0reter dcarh all rght ana
lite 10 The leasic and aappropriGted lands 9'c and thai
the same shall je and remain at The sole and entire DISPOSE
't" ''''.>s
on lands the property Of trc Tni.ed Slf~s
What possible be assigned Why the present
Congress should not initiate this wary wisdom OF their pre-
dcccssors in taking these timely and saving precautions be-
fore admitting California into the Union! Four Senaes
and four Houses Of Representatives usually contain large
and high average the talents and attachments Vi the legal
Profession with here and there constitutional lawyers and
uris.con,us Of the first order OF abilities; and when such
enlightened bodies o men, having quite n much interest ana
purpose have Of protecting the title and lnnuni
ties Of the public domain where State sovereignty stretches
unanimous in their views OF the necessity there
for compacs Of REIMBURSEMENT or OF the imminent risks
~ both title and ninunes without II, even though we
should dissent from their conclusions is WISE is i; safe Ia
disregard their precautions, unless there be public tot |
re reasons for admitting California nog of such force and
urgency that all safeguards yield them Quite ap-
posc the point and significant ot consequences the cir
cnlsianc that 20 years ago Senator in Congress
from Alabama made speech in his place which attracted
a urge share OF public notice and in which he main
aned only that THE Government could not hold lands
within the body of State, without compact ." rcnqu!sh-
meat; b lr H. and thai even the comprehensive provisions
of the ordnance cyacted from Alabama formed barrier 10
claim resulting an incident and existing a. imminent
Of sovereignty and eminent domain The gentleman RI.
.errci 10 is the Hon. John Mckinley lssoc;aG jus
tce n The Supreme Court of the United StlfsS! Has he
changed the opinions which, age and under solemn
Credh Judrus AppoIa! About the same epoch. well re-
member Ia have received from Governor Nnian Edwards o
Illinois and under his autograph his printed message to the
cgsrtuc Of that State, maintaining the DOCTRINE
with Mr. Senator Mckinley, and al fur greater length and
with ne less ability.
Hut the California Convention itself fully aware OF the
necessity there executing such ordinance aG
been required Of Alabama, ard prero 10 her aim issioa int
tie GniOa for faulty could have blinded il that il did
that such rcGuson could haze been made upon
Gffernars and when California had been recognized
State and taken her place in the Union can infer non.
short Of knowledge vi what needed from the 9th
tcc Of her Constitution the title Of "Education pro-
ying Scct q TINT the proceeds of all lands 9ia may BE-
GRANTED by the United Sies 10 this State for The support o
common schoo which may be sold disposed Of &C. &c
and that Sect - The Legislature shall take measures
The protection improvement other disposition Of such
lands have BEEN may hereafter be ranid
by tic fncd States 10 ms STATE for the nj nrtrsiy
&c: Thus anticipating those very grants from Congress
which the Convention must have known never made
upon the ultiment Of the precedent condition
cnlingan ordinance renquishing all title the balance
pubic lands. &c. Just such clause mot in language
hui Import is So found in the Alabama Constitution wIc,
accompanied the ordinance which her Convention had mad
when both were submitted 10 Congress. with Il view ~.
States admission into the Union providing nder the 1tu
Article, title, "EiucationD that CHE General Asscnl5!,
shall take measures 10 preserve &c. sc lands are Or
hereafter may be graat,d by he t. States for the use OF
Schools, &c. The General Assembly shall take like ea
sre &c Of such lands as have been may he hereafter
granted by the T. States 10 this State for the support
Seminary OF learning &c II is obvious comment
that these provisions in both Constitutions drafted in
contemplation Of making ordinances of REIMBURSEMENT
Alabama made hers and afterwards admitted into the
Union California has failed 10 make hers and WHY should
she be admitted until she doel The fault of the failure has
been wholly hers and whether resulting inadyertence or
~ he hoe,