Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-06-29

minimum uti the useful domain any portion of it. No
thing at ALL This Government may well hold the lands
in California any individual in the United States. Tn.
only difference is this that the Government OF the United
States holds the land only for great purposehats
SELL It holds in trust to sell for the benefit of the Govern
and people of the United States and every acre,
soon Sold falls under the dominion Of the municipal
reign and subject to all the rules and regulations prescribed
by the local government The only exception is this that
in regard to the lands of the United States that established
by law which, in regard individuals might be established
by contract and that is that up to certain PERIOD for
certain time those lands thus the property Of the United
States shall be far excluded from the municipal sovereign
y under which they placed that they shall be sub
taxation or being owned by non-resdents they shall
be taxed higher than if owned by residents That is the
only exception and it competent to be made between
individual and the State where the land lies, is to be
imposed by act OF Congress.
Sir there many instances of States holding lands
within the sphere Of their government and without the
sphere of their government. think understand that,
with al her sovereignty the State of New Jersey
sessed any public domain authority over uDganed
All FELL in that State believe, into the possession of the
original propreors and so happened in great portion Of
New York Massachusetts, claimed, and her title
knowedged to- great portion of the western part of New
York. They sold Mesrs. Gorham and Phelps and
they sold to the Holland Land Company and thus
third of her State, perhaps was held by individuals copo
raons That never supposed to be any Infringement
the rights Of sovereignty Of New York The same thing
happened in other States. a
Now, the question Of sovereignty in this case its effects
by implication, the public domain, is that has been
thoroughly considered and clearly and fully decided The
history Of the laws and Of the country in this parcu
lar have been fully developed by the honorable member from
Illinois; and will not 60 the track he has trodden.
He has shown the presidents taken together he all way
There be exceptions here and there but the general
idea has been in the creation Of State that her admission
State has effect at all the property Of the United
States lying within its limits But, sir it is hardly worth
while for me- in this Of the atmosphere to argue this
point much length i is settled and decided by the high
est judicial authority Of the country precisely and explicitly
The will be found in dHoward The Judgment in
that pronounced by Of the gentlemen to whom
referred having given opinion quite the other way
when he member of Congress. Now, sir, the Su-
peme Court Of the United States, in ls45, say this,
GLIDING all idea that the title the lands depends any
tract made with the new State:
We, therefore, think the United States hold the public
lands within the States by force OF the deeds cesso
and the statutes connected with them, and municipal
sovereignty which may be supposed they possess have
reserved by compact with the States for that particular
purpose The provision of the constitution above referred
shows that such power be exercised by the United
States whia State Such power is not only repugnant to
the constitutions but it is inconsistent with the spirit and in
tenton of the deeds of cession The argument much
lied by the counsel for the plaintiffs that the agreement of
the people nhabng the States that they forever dis
claim all right and title the unapproprated
lying within the said and that the same shall be and
remain the sole and entire disposition of the United States
cannot operate contract between the parties but is bind
ing law. Full power given Congress make all
property of the United States This authorized the
of all laws necessary the rights Of the United States
the public and and to provide for their SALE and pro-
tect them from taxation.
And all constitutional laws binding the people, in
the States and the old one whether they to be
bound by them not Every constitutional of Congress
passed by the will OF the people of the United States ex
pressed through their the of
the enactment when passed becomes the law
OF the land aud operates by its force the subecma
ter in whatever State Territory may happen be. The
propositions therefore, that such law operate upon the
of its enactment without the express consent
The where ham toh he
contains its own reutaton, and requires further exam-
nation.'' ..,.
Therefore, sir, while that decision Of the Supreme Court
stands the authority of the United States over the lands w.
ing in the States is based the law Of Congress Now
the argument Of the honorable member from Louisiana is
that this being condition, the Of the other party or
side, or the entering into compact is Indispensable But
this decision of the Supreme Court precisely and exactly
oveules all that any honorable member will see. If it
had happened that the words in this bill reservation
Or being understood his argument would have lost even
its apparent force But is enough say that has been
decided directly and distinctly every point that the an
hory Of the United States does as by force of
ITSELF pr0pra rgore, exempt the public lands from taxa
ton, when States created the territory in
which the lands e Then what has become Of all this
danger to the public lands compact would make our
title no better good enough without it. and1 want no
compact. The language of the decision is explicit; and
therefore think the member from Illinois entirely right
when he proposed the law which he ddthe the adj
mission OF all reference to the idea of com
Exceptions had been taken and it thought this section
would satisfy and those exceptions ntrodu-
ced for that audabe and proper purpose but it stands ac-
cording to the decision whch have referred Just as we'll
without the Sd section with it. What is there to over
turn the whole current of history What there to
show, in this case that California has any intention of claim
ing the ownership of the public lands consequence her
State sovereignty Why, far from that, the constitution of
California acknowledges the right Of the United States those
lands II goes the 9th article provide how those lands
which may be granted them by the United States shall be
disposed of and taken OF by her Legislature Is not
that express admission that the public lands within her
territory belong TO the United States We proceed ac-
cordng to, must regard the established precedent in
this case and if any thing be established by aw-if any
thing be settled by the experience of the Government the
course OF the various admissions of States nearly half of all
the existing States in the Unon-f any thing is set
tied by the solemn decision Of the Of highest udcaure
In the country, is that such thing implication of
control over the public lands of the United States
from the creation Of State founded any idea that the
public domain necessarily aheres to State sovereignty Such
notion has never prevailed in the councils of the country
Now sir, really hope the honorable member from Lous
ana will reconsider the subject that he will look what has
been decided that in this important emergency he will
slider whether worth his while to stand on tecbncaies
and whether not rather duty conform the and
practices OF the laws and udcaue ofhe country The honor
able member Is younger than of us but he will allow
me to say, that very doubtful whether his career
public man, however long it may be, he will arrive at q
more important exgency in the affairs of the country than
now before u.s. he has taken an important part and
cessfu part IN amendments to the bill He has ac
compshed that which he and his friends thinks important in
respect to eterora governments Will he not help us now
to accomplish his own and higher work? Will he not re-
consider his objections to the admission of California so far
as those objections arise to which have adveedi This is