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

in point testing the validity OF the ute " e S'a,'
within the limits of those States after their admission INTO IN
Union r. therefore, there has been one case land VIII
does not know that there have been wnere ae
State has been admitted the Union, without any com
pact reseryng the lands the United States has sold them
and the title Of the purchase has been aoucseo Sao ina
one is conclusive OF the question.
will first call your attention to the admission OF Tennes
see begin with H. because was the hst state ever adj
mtted into the Union where there were public lands Ih
territory coded by North carolina 70 tue uhed ota'e
one or more States Here is the act Of admission and h
only the subject.
Mr. D. here read the for the admission OF the State
of Tennessee into the Union, approved June ], 1885,
There sir you have the entire act There was no com
pact no ordinance by which the State of Tennessee agreed
not TO interfere with the primary disposal OF the soil none
that the State would not tax the lands oil the United
States No stipulation, condition. no compact or contract
touching the subject Ii simple act OF adnis-
sion into the Union on equal footing with the original
States all respects whatsoever Now, put the question
to Senator from Louisiana did that act forfeit the title
of the United States the lands within the State OF Ten
So that gallant State never yet was wise enough
to know her rights and claim the lands No lawyer was
ever asute enough comprehend the point by which he
could defeat his adversary in action OF eectment where
the plaintiff rely upon the strength OF his own title
the have been blind that they entirely overlooked 1T
and for nearly sixty years all the Departments OF her Gove-
ment have gone en- sanconng and recognising those titles
executed by the Government Of the United States as being
conclusive to the lands within the State Of Tennessee
pass now the The next State admitted was
Ohio. 1t has been referred to having contained compact
with the Government Of the United States securing the title
to the public lands There to have been misappre
henson upon this point not only in reference to Ohio, but
in regard most of the States of the unon have
often heard the compacts with those States referred to as
having secured to the United States the title TO the public do
main. The impression prevail to some extent not
only that such compacs actually exist but that they were en-
tered into conditions upon which those States were receiv
ed into the Federal Union whereas, in fact there are no
under peculiar and with reference TO entire
y different objects, as will show before conclude.
But to to the of Ohio The act for her adj
mission passed on the 3Oth of April, 1902 The first
section authorizes the inhabitants to form for themselves
constitutional State government, and to assume such
as they shall deem proper and the said State, when
formed shall be admitted into the Union, upon the same
footing with the original States, in all respects whatever
The second section prescribes the boundaries OF the
State The third fourth and fifth sections direct the mode
IF elecng and organizing the Convention The sixth
ion provides that until the next general the said State
hall be entitled to representative in the Congress Of the
United States We 10 the seventh and last section
which the that bears directly upon the point under dis
usson. And is the original from which the acts auho
izing the admission Of nearly all the other States
opied, will read it:
81 And be further enacted That the following propo-
tons be and the hereby offered to the Convention
the Eastern State of said territory when formed for their
acceptance rejection which, accepted by the Con-
enton shall be obligatory upon the United S,ates.''
Then follows the three propositions
'1st. That Congress will grant the 10th section in each
ownship for schools.
Cd grant of the six miles reservation, including the
Salt Springs to the State.
3d. One twentieth part Of the proceeds Of the sales
If the public lands lying within said State be applied in
making roads leading to the Atlantic
Then comes proviso in the following words:
Proded Gvays That the three foregoing propositions
herein offered the conditions that the convention ut the
aid State shall provide by ordinance rrevocable without
he of the United States that every and each tract Of
and sold by Congress- from and after the Soh day of June
next shall be and remain exempt from laid by order
under authority OF the State whether tor State county,
township, other purpose whatever for the Of five
years from and alter the day OF SALE"
Here you have the whole act The first section admitted
he State into the Union equal footing with the original
States in all respects whatever without any subsequent eg
lation This being done, Congress- in the seventh section,
rendered certain propositions to said State for their free
ceptance rejection" The State at liberty do the
thing the otherto accept ectand either
she remained in the Union If she accepted the propositions
she became entitled the school lands the salt springs and
five per Of the nett proceeds Of the sales OF the public
lands But she them she lost all these donations;
still remaining, however, member of the Conederacy.
These propositions for compact therefore, not tender
ed as conditions to her admission into the Union, but
the only terms upon which she could receive the donations
Of land and money. The "proyso" declares "that the
three foregoing propositions herein offered conditions
What the conditions Not that the State will never
interfere with the primary disposal of the so-no. that she
will discam all right to the public lands within her limits
not that she will the lands and property Of the Uni
ed States OF these subjects mentioned alluded
to have been taken for granted that of
hese things necessary But it deemed necessary
stpulate that "every such tract of land by Con-
yress should remain exempt from taxation for the Of
live from and after the day of SALE" Congress deemed
his stipulation important and hence it inserted the
condition upon which the State could receive her school
lands and the other gratues The great importance of this
provision to the Government Of the United States appa
rent when we look into the history Of legislation Of
day Prior to 1920 the public lands sold on credit
TWO dollars per and the purchaser made his payments n
instruments But for this provision the lands would have
been taxable from the day Of SALE and in default of the pay
ment Of the taxes the State might have sold them and
cured tax titles to them before the United States would have
received the purchase money To guard against this conn
ssncy Congress the condition and required the State
to assent to before she could receive her school lands salt
springs and five per cent of tho proceeds of sales. For
the same reason you will find compacts containing this
dlon with all the States admitted from that time up to
$780, when the credit system abolished and consequent
ly the necessity for this stipulation ceased have ali the
acts before me, and have examined them critically and find
that during that PERIOD State permitted to receive
the sixteenth sections for schools and the other usual
without being required FIRST in the formal MANNER to
enter into this stipulation Since the credit system was
abolished there has been areesness and in instances
omission into any compact at ALL from the con-
vction that il entirely unnecessary. will briefly refer
each of these acts in order show that am correct
in the principle dedace from them.
The act authorizing Indiana TO o;m constitution and
State Government, and to into the Union copied
from that Of Ohio, with slight variations The first
section provides for the admission on the footing with
the original States, in oil respects whatever The sixth
tenders propositions for free acceptance rejection,
The first three the those OF Ohio but Congress
liberal enough add others, to wit township
Of land for seminary of learning, and four ions for the
seat Of government Then the proviso in the very
of that Of Ohio, .that the five foregoing provisions