The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-29
And the fourth article OF that ordinance or compact
provded that

And the fourth article OF that ordinance :" compass
provided that
The legislatures 81 these districts or Stakes shall
interfere igh The primary disposal Of me sonb the un.ea
cosgss asssS w a"y % sga''Ga ,a a sssb So,,
Soil 10 The boaa fd purchasers NO tag shall Dc imposed on
iaad @ hs properly Of iAs Uaiisd States, SC.
Thus too il is seen that the Congress OF the confed-
Grafton before the adoption OF the federal constitution,
considered that title 10 the public domain within the
limits OF State was an incident and muniment o. ITS
and that the only mode OF protecting II from
such destination was by putting IN operation an ord
nance OF REIMBURSEMENT before sic became State for
toi then, whenihe constitution took effect with clause
expressly limiting the power OF this government 10 hold
lands within the body OF State 10 the enumerated OBJ
iects Of sforts, arsenals magazines dockyards, and
other a sadg%Gb = x. eys these sh,h whGas bsy ns
stuaedost clearly would the public lands have Injured
to the States where they situate the very moment
they admitted into the Union. unless they had pre-
vously relinquished them, through the same organic
power which formed their constitutions. do not say
that the States REIMBURSEMENT oil title relnyested il In
this government, that State confer on it powers
which the constitution withholds. Not at all ButI do
maintain that the State thereby dvests herself of H. de-
prves herself OF all interest motive to medde with
and leaves the United States free to dispose Of the pub
Lie lands as heretofore, conveying ndefeasibe titles to
purchasers, because none can have better ones 70 di
vest them.
the confederation. the sages OF the constitution, and all
preceding Congresseslhat distinguished senators here
now-nay, that the whole Senate-thnk that when a
State enters the Union she thereby dvests the Uni
ted States of their title to the public domain within her
limits, unless she previously, Instant with her ad
mission, renqusis all title or claim to the same, 1t is
most important to the issue now approaching 10 de-
ermne the precise point OF time at which such an effect
of Stale sovereignty upon the public domain is wrought;
in other words the exact moment when this government
becomes Invested of, and disqualified to hold the public
domain and State acquires IT, But, though this
is most important, il is, appehend, SO entirely clear
that none will deem i either debatable or doubtful
There cannot be two opinions about it. There is not
senator here who will not with me, that the Uni
ted States will lose and California will acquire the pub
lie domain (if lost acquired al) at that precise
ment when California shall be received as sovereign
State into the Union, supposlng the bill to pass
And to what will be that precise moment we must all
equally agree about it, II must necessarily be that pre-
else when The President shall aix his signature
to the AT that instant every foot OF the public do
maip within her limits is hers. AT that instant her
sovereignty and rights absolute and entire as those
of any one Of the original States OF the Union There
can be no possible mistake about this Look at the 1s
section OF the committees bill. Here It is:
SEC Be enacted S That NIB The s ss nao Of oai,ornia
equal footing with the original States ~ az recs caaf-
soeper, Nc,
When the Presidents signature shall have made that
section the law of the land, California will have acquired
all the freedom and Independence, all the rights, immun
ties and exemptions, n all respects whatsoever which
the original State o Massachusetts ever has enjoyed,
enjoys now or can enjoy. Did Massachusetts or any
OF the original States enter the Union clogged with
any other condition whatever than that OF fulfilling such
obligations the constitution expressly defined, and
posed upon each and all Of them alike Was any one of
them ciogged with the condition that she should permit
the federal government tits option, and for all time
TO hold any quantity of public domain within her limits
with powers exempt them from taxes lease them in
perpeluy, establish federal enantries there for any
other purposes than those enumerated in the constitutions
other neediul buldingsls There is not senator here
who will not put his emphatic negative upon such an
assumption. There is not senator here who will not
fully concede that when shall have clogged Calor-
MIA with such condition, she will NOT be admitted
into the Union upon an equal footing with The original
States, IN all resPeets iohatsosuer There is not sena
ha axytn naf adj INIT first w
speak forth absolute untruih unless California shall
be admitted discharged OF all conditions whatsoever
You must either purge the bill oil the condition in the third
section which destroys her equality with her States
you must strike out the first secon which that con-
dhon, if valid makes utterly untrue. But when you
have stricken out that sectlon the matter will BY no
words not, you cannot admit California into the
Union al all, under the constitution, unless she Is
ADMITTED upon e9a ooag WIZ as ,hso os
admit her at all, she will in discharged and
trameed OF unconstitutional conditions in spite OF you
and whether you will II or not Time will show that
But, apart iron all this, it not perceived tina! there is
something surprisingly absurd in insisting upon the
enforcement OF a condition which ourselves have
made impossible OF performance. and mere nullity,
by passing the first section of the bill That section ad
mis her into the Union at once. II II does II brings
with her constitutional right 10 possess, enjoy and hold
forever all the public domain within her lims-and does
for, AT and the instant, II diyess this gov
erninent oil the same, and invests California with both
the aCtudi pOcses3On uuts lHeSc
preml ses being lrue what followsl Why, clearly, that
YOU will have already effected and completed "he prt
mary disposal OF all the public lands within her limits"
You will have parted with every acre OF It, IL Is no
longer yours il is absolutely hers Can anything, them
be pTeposerous mpaccable than ior you TO for
bid a sovereign State (as you attempt 10 do m the ID
secton) "lrom interfering with the primary dsposa OF
what is conlessedy her own, and which you yourselves
have absolutely disposed OF already You destroy the
condition in the very instant that you imposen III Tor you
yourselves effect that very primary disposal oil the lands
before she Is aware o your attempt TO guard against her
interfering with il
But sif, how is this condition al al A condition
binds nobody, unless il is assented to, until II s as
sened TO by the party on whom its performance de
wolves Ia all grants compacs, &C., there must be more
than pary-a party who accepts as well as party
who besows IL is perverslon OF language TO call that
condition TO which but one party is priyy HsaproP-
oson and nothing more, binding AFTER acceptance, bat
without effect before Is there senator here who can
persuade himself that California can be bound by any pro-
posa you make TO her. not only before she has accepted
IT, but before has heard OF ~ II you admit her
to-day not less than six weeks must eapse before she
can give her assent TO it, or even know OF IT, And what
happens in the mean iimel Why, she is State IN the
Unions and there having been no poI or coexising re-
linquishment her part to avert such consequence
the public domain has become hers, and she IS ee 10
do with Il pleases You will receive her senators
upon this floor her representatives viii be received
upon the floor OF the House they will share " all tne
legislation OF the country, and in all respects have the
same powers rights, privileges and immunues tnat we
have When California knows oil your proposal 10 her
in the 81 section, she will know ol all this; she w
know that the lands are all hers, and that Il s her
aprros 10 do with them as she thinks it, She cannot
believe otherwise how can zoe She may rehnquish
~, ta;s N sbe yvill bu vvha il abe will not III