Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-07-06


the act il will be seen the Of Congress give
upon eleven distinct conditions, all which to be com
piled with before State Government could De formed an
then the State not authorized TO come into ID
Union until the constitution should be submitted to Congress
and if snot dsapprovsd, the session after the re
cept thereof the said State shall be admitted into the Unlo
upon the footing with the original States Now
us see what eleven conditions wee for appehend tina
it the FIRST instance in which have been announced
conditions the admission OF State into the Union othe
than those imposed by the constitution itself
That the Convention in behalf Of the people OF said er
rtory shall adopt the constitution of the United States
ID That the constitution Of said State shall be republican
and consistent with the constitution of the United States
Sd That shall contain the fundamental principles OF civil
| and religious liberty.
4th That shall the citizens the trial by jury in
all criminal cases ).
5lh That should secure the privilege of the writ
habeas corpus conormabe the constitution of the United
States.
9th That after the admission of said State the Union,
its laws shall be promulgated and its records Of every deseP
ton shall pre- served and its udicia. and legislative written
proceedings conducted in the language in which the laws ana
judicial and legislative written proceedings OF the United
States are now published aud conducted.
T. That the Convention shall Declare behalf OF the people
of said Territory by ordinance rrevocabe that they s-
claim all right title the waste unappropriated ands
lying within the said Territory that the shall be and
the sole and entire disposition the United States
Sh That each and every tract OF land sold by congress
shall be and remain exempt from any levied BY authority
of said State for purpose Whatever for hive years rom
| after the day of sale. -
9th That the lands belonging the Of the United
States residing without State shall be taxed higher
than the lands belonging to persons residing therein
10TH That shall be imposed the property OF the
| United States.
h And that the river Mississippi and rivers
leading into the or into the Gull OF Mexico
shall be common highways and forever iree @ sne
h. said other citizens OF the United States
without any duty toll therefor imposed by said State
Now SIR ask if is probable that these eleven condi
tons prompted the apprehension that they were me-
cessay order to save and secure the rights OF the
States in respect to the public domain otherwise Could
such have been the motive Was necessary that the
people Of Orleans Territory should have adopted the consti
tuition of the United States before they could be permitted to
into the Union under the OF the State OF Louisl
ana And having adopted the constitution whole, was
necessary proceed re-adopt it in detail Would not the
right trial by jury, and the privileges Of the writ of habeas
corpus have been and sacred under the consu
ton OF the United States, without being specially einserted
as with it
And again Has this Congress any power under the
stuion command State Of this Union in what language
she shall conduct and publish her legislative and judicial pro-
ceedngs Upon all these points, appehend, there can be
doubt in the mind of any Senator present. There must
then have been some other considerations growing out Of the
history and condition of that people, which rendered Pru-
dent and wise insert all these things in the law, and
require the convention TO agree to them
The inhabitants of that territory had recently belonged to
foreign Governmen-they aliens to in language
in religion in laws, in habits Of thought in all the principles
Of political science and in every thing that concerned the
practical workings of system of government 1t may
have been deemed wise and proper therefore, by the Con-
ples axoms and russ of Government in the act for
their admission with the view ofmpressng them more firmly
upon the minds and conscences of those people, The same
remarks will apply with still greater force to the stPuatons
respect the public lands and the navgabe watesnot
that these spuaons necessary to protect our rights,
but expeden in order teach them their duties The
su,ion Of the United States the trial by jury the writ Of
habeas corpus would have had the legal effect in that
State without with the compact. And apprehend,
would been in respect public lands and navgab
waters Surely, in legal point Of vew there could have
been necessity for these spuaons in Louisiana
than in Ohio, Indiana and Illinois, where, have seen
no such conditions required or thought Of
The act authorizing the inhabitants Of Mississippi Terri
tory form constitution and State government, and to
come into the Union, approved Mach J. 1917 The
first section Of the act is in the very terms OF those have
quoted in regard to Ohio Indiana, and Illinois The fourth
section literal copy Of portion of the third section Of the
Louisiana act The clause requiring them to adopt the
tuton Of the United States and to the trial by jury
and the writ of habeas corpus is omitted and the provisions
in regard the public lands and navgabe waters retain
ed These two States Louisiana and Mississippi constitute
the exceptions the general current Of authorities and the
departure from the other presidents must be accounted
the peculiar circumstances to which have referred And in
this connexon it be borne in mind that Indiana followed
Louisiana in the order of their admission and that Illinois
admitted year subsequent to Mississippi without any
such stipulations
The act authorizing the inhabitants Of Alabama Territory
to form constitution and into the Union approved
March 2, 1872 is transcript Of the Ohio act with such
Territory. The first section authorizes the inhabitants or
constitution and State government and declares that
said territory when formed into State, shall be admitted into
the Union, upon the footing with the original States
all respects Whatsoever The sixth section tenders certain
propositions the Convention ''for their free acceptance
rejection" Then follows the sixteenth section for schools the
salt springs the five per the nett proceeds the sales of
public lands and the township for seminary of learning
&C. in the States which have already referred II will
be observed that the first section authorized the State come
into the Union whether she accepted the terms and conditions
Of the said section not. She left free TO accept
reject If she accepted the propositions she secured the do
nations Of land and money If she rejected them, she lest
the WHOLE but still came into the Union. The conditions
upon which Alabama received tn donations somewhat
different and than those imposed upon Ohio
Indiana, and Illinois, She was required TO dscaim all right
and title to the public lands lying within her limits, together
with her right to TAX them siso stipulation against taxing
the property Of residents higher than residents and the
usual stipulation against taxing the lands sold by Congress for
1--WE after the day of sae But it must be borne in
to her admission, but the aPon which Congress
would make her the donations Of land and money after she
admitted.
The act authorizing Missouri form constitution and
come into the Union passed March 9th, 1920 The
first section provides for the admission Of the State "upon
equal footing with the original States in all respects what
ever" The fourth section contains "proyso
That the constitution, whenever formed shall BE- republic
and repugnant to the constitution Of the United States
and that the Legislature Of said State shall interfere
with the primary disposal of the soil by the United States nor
with any regulation that Congress shall find necessary for
securing the title in such soil the bona purchasers and
that shall be imposed lands property the Uni
ted States and in shall nonresident popretors be
taxed higher than residents"
In order guard against misrepresentation il must be OBJ
served that this povso like the third section Of the bill under
consideration had the force Of law but was not compact
not submitted to the people of the State in the form OF