Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-07-13
SPEECH OF Mr.. SOULE,
OF LOUISIANA,
ON THE COMPROMISE BILL.
IL SENATE, FRrpAr, JusK %.

Inc Senate having under consideration the bill for the adj
mission OF California into the Union, the establishment Of
Territorial Governments for Utah and New Mexico and
making proposals Texas the settlement of her northern
and western boundaries and the pending question being upon
tue substitute offered some days ago by Mr.. souLE-
'i. SoULE said Mr.. President on yesterday to
ask the floor after the distinguished Senator from Massachu
sets (Mr WEBsrER) had resumed his seat with view 10
et AZ once, and on the spur of the moment the argu-
e ne mad urged in reply the speech which had de-
fnd to-, before But the extreme adrotness Of my
~ rom mississippi Mr.. FoorE) catch the eve and the
ear oe cnar enabled him to take the chance for himself
marks had intended for the occasion =
The Senator from Massachusetts mon an,ar;no into ,hs
debate, stated fully and distinctly The main noooon
which had asserted, that felt assured he would review
them one BY ONE and show in what each and all had failed
to convince him. He surely have deemed some of ha
unworthy Of any other notice than bare mention - he Ala
abstain so scrupulousy from abiding them in the course Of
ms terse and pointed remarks Sir shall attempt 10 bring
them aresh to his consideration, that may know whether
| or not he has determined TO leave them unanswered
The first proposition which will lay down. in order In fol-
low the Senator in his argument will be to the effect that
chaferer belongs to the sovereign, By Virtue sovereign
eighty changes hands.
Upon that principle did maintain that by the admission Of
California into the Union as sovereign State the public do
main now within her limits would be transferred her. unless
secured by an ordinance Of REIMBURSEMENT prior conte
Poraneous with her admission and brought forth the ap
thory Of Vae to show that the RICH, Of domain was in
separabe from The sovereignty"
To this the honorable Senator replies that the sovereignty
OF the States, under system of confederacy, is limited
sovereignty and that the useful domain distinct from and
utterly unconneced with the eminent domain which is the do
main that belongs to and follows the sovereignty and the
very authority from which quoted is invoked in support Of
that position
Sir the honorable Senator seemed to find il amiss that
should have extracted from Vae quotation which had been
brought forward this floor twenty years ago by an
eminent from Indiana and that should have used
u 10 the very words of that statesman if the auho
W from the same book undergo process variations
as passed through different hands and with emphasis
man TO whom have just alluded, had stopped short 10 my
quotation and left out important part Of it. which
rally qualified the principle asserted.
Mr. WEBSTER, (interposng) | beg the gentleman's
pafaon' ne mad heard my remarks distinctly be would
nave observed that attributed the stopping in the middle Of
the passage to the gentleman whom had read FROM and not
the gentleman himself
Mr.. SOULE. Of course but, as had used the same
quotation and stopped the place. was but Justice
that should take at least onehaf of rebuke which it me,
with at the hands of the distinguished Senator
Ia connection with this have say, FIRST that it would
be passing strange it. under such and Quoting
the very words which had been quoted by the Senator from
Indiana, had introduced language varying from or in any
manner unlike that which he himself had used and
~, that was not uninenonay that left the end Of the
paragraph from which reading The broad principle
was all that aimed drawing the attention Of the Senate TO-
shall presently show that the sequel far from weakening
my argument, would but have impaired it additional
strength and appropriateness What extracted from
Vattel Why this: That sovereignty is necessarily and
nseparaby connected with the right Of soil to the territory
over which it exercised What is that the honorable
Senator would have add "That sovereign a nation
may possess fe, &C. within the limits Of country not sub
Jec to their jurisdiction very words showing that in
the amendment Of the writer, the useful domain generally
and Of right belongs to the sovereign, although may Be
separated from the sovereignty Was adrnittng the
exception when contendng that should be saved by
iemn reservation from passing to the sovereign My
argument was this The United States have other right
thu, hl.n ~ 49,.
Mexico but that which Mexico herself possessed over them
was sovereign and by virtue of her sovereignty, that
Mexico held that right and the United States under her
can claim no other They then, possess the domain in
California by virtue ofther sovereignty and So they
cessarily dves themselves of il from the that
through their suance and sanction passes under the u
rsdcon Of sovereign, provided always that is
reserved by act prior contempoaneous with the
vesture Of the sovereign. Now Mr. President, il is
no answer to this that according Vatte sovereign
may possess lands and other property within sovereignty
not his own So far my argument admits it. But the ques
on occurs, (Which has not been answered yet What title
have you the useful domain which you claim
your CONTROL if be not the treaty Look at it, and point
to me- you can, where transfers to you, omne, the
useful domain You cannot claim it under its provisions
except through the sovereignty which transfers you, and
through the enlargement Of boundaries which allows
you to extend your jurisdiction and SO, will you d.
vest that domain when in the manner you
csey by virtue Of the principle and exactly through
the implication, unless you in the
provided for in the substitute before the Senate.
The distinguished Senator, whilst punciilious the
point Of full quotations. has fallen himself into the bunder
for which he wiy child the statesman through whose
track he pursuing and has omitted most important
remark which Vatte adds the words which he himself
quoted from his book. 1t is this:
"That in such the prince the nation, holding
property in the territory OF another prince another
lion, holds il by title OF private ownership
ask then, such be the exception, how can it be made
apply the United States holding they do within
IL 1.viI Gs.ta, AZ.
taxaonan exemption which, if carried out to it's ex-
consequences, would take away from the State the
main through which she sustain herself and
support her Government
II the United States possess lands any within
he limits of State, they may-and, with the vast means
hey possess would not be surprised they to realize
ome day or other such contingency-possess
hem all: they may, said before, cover them with
edera enantry and, by pepeuang such state Of things
actually destroy all Independence in the State and reduce
Ter to q condition of perfec, vassalage.
What is to become of her sovereignty il the Federal
Government lease the lands send their agents 10 coec,
he rents, and forever remain exoneraed from all taxa
ion, &c.
Is such condition Of State in harmony with the repub
lean spirit of institutions Is it constitutional Is il
necessary for purpose Of government carry out any
u It's powers is not And such system takes roc
md is submitted o the Independence Of the States gone
md that clause in the constitution annuled which restricts
he right of the United States possess lands within the
limits OF State to forts magazines arsenas dock yards
Ind other needfu buildings" Nor is it, maintain neeeee
ary for any purpose of the Government The Territories
ire ours, says the Senator from Massachusetts, thew are
ne property of the United States and remain such until dis
,osed of by them That is precisely what contend for
he Territories yours and the public domain within Thorn