The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-06-29

posal OF i'll How could be expected that the Supreme
party imposing had snnued before the other party had
come TO knowledge OF its existence How could II be
expected that il would reverse the Judgments Of more
than thirty Congresses OF the Union, that the admission
OF State gave her the public domain within her borders
unless it protected By her prior ordinance Of
nqgshmenti And. above all, how could be expect
ed that that court would adudge the United States 70 be
the sovereign OF public domain within the limits
of State. in defiance OF the constitution which limits
their 10 hold them there 10 the enumerated objects
But could we admit that the primary disposal by
the United States of the public domain might not be CO.
emporaneous with the entrance q California into the
stace IN II does not provide Tor any ordinance
10 be made by the State rellnqaishng all claim or title to
the public domain II contains nothing OF the sort
Should such title accrue 10 California as ali seem 10
admit, is plain that there not contained either in the
section itself. which It directs conelnplates TO be
would eriagu that title. Giving the largest lat-
tude, and admitting il could avert consequences which
must have ensued weeks il not months, before can
the it could to the United States would be
the oTbearance the part OF California to interfere with
''ther primary disposal But II we leave California
with the constructive possession and actual title to the
lands what there in the section which orbds her to
interfere with them thereafter?
similar section contained In the act OF Congress
oil June l5 1886, admitting Arkansas into the Union Bt,
Tor the reasons which i have assigned, and for many
Others produced legal elect whatsoever And, what
s more 70 the purpose the very Congress which passed
public domain, that Immediately it entertained and the
eighth day thereafter June %, 1885,, and long before
Arkansas had knowledge Of the s act passed another
act, offering large donations OF land to Arkansas to in
duce her TO pass an ordinance providing that the author
tiles Of that State should neyer interfere with the pr
mary disposal OF the soil' &c. believe these terms
were accepted and the ordinance passed but whether il
not, The oier itself ia conclusive OF two things
the one that in the deliberate judgment of the Con-
gress which admitted Arkansas into the Union, 0h0t
such ordinance Arkansas would not have parted with
her right oil interference that the eighth
section Of the acl admitting her, like the third section Of
this bill specially declared that the State OF Arkansas
admitted into the Union upon the express condition that
the people OF the said State shall Interfere, Sc
and the other that in the deliberate judgment Of the
same Congress- Arkansas possessed the option to pass
such ordinance or not 10 pass it, TO interfere
to interfere with the primary disposal Of the public do
main. and iha. the eighth section which ! have Just
creton, rights. or powers in these regards. And it
needs prophet to foreel that neither this Congress-
nor California, the people OF this Union, nor their
judiciary will attribute higher different effect
the third section oil this bill than the Congress Of 1886
attributed to the eighth section OF the act admitting Ar
kansas inlo the Union
Upon this branch OF the subject conclude confidently
and without the fear OF refutaon, and scarcely OF de
nia, that il the admission of California into the Unlon
without any provision at all reference to the public
ans would insure their entire loss 10 the United States
the provisions oil the third section constitute bar OBJ
siace whateyer 10 avert from the Union serlousa
sequence 90 further, and boldly defy the wit OF man.
the very genius OF craftsmanship the sagacy OF both
houses TO contriye condition in this bill which
these public lands TO the United States if California is 10
be admitted and ii such condition Is only 10 be
known her and its performance provided Tor hereafter
In other words, her ordinance OF REIMBURSEMENT must
pecede her entrance into the Union, or the public domain
within her limits will be forever lost TO the United States
unless she voluntarily surrenders il. l repeat that
every OF the public domain, that every Of the
precious metals. will be rerevably lost to the United
States, il she is admitted into the Union under the provis
ions OF this BILL under the provisions OF any bill which
be DEVISED unless her ordinance OF REIMBURSEMENT pre-
cde in point OF tiae the final consummaion Of the act
40 prnfn am of
ing upon this deeply momentous measure, such Is the
thorough and absolute conviction resting upon my mind
o wea % oe h ne WIZ ana % sss
could il be expected that would give il my support Have
any instructions from my constituents under which
could defend myself for surrendenng single Sate
and without the semblance OF consideration, Fee SIM
pie title TO public domain ample enough in Dimensions TO
cover the whole of New England, with that OF the
Empire State OF New York added TO il, and embracing
mineral region with depth OF unexplored treasures
ample enough to discharge the public debt Of the world
Sir is there single constituency on this side OF the Rocky
Mountains who anticipating such startling and blast
ing results from this BILL who would to il il they
did or who would submit TO it If they could help II
Should vote for this bill, and should the bill pass, aud
should the consequences ensue, would dare 10 face
my constituents, after sharing in an act OF faulty
that would avert from them and their posterty these
hausess OF rclei from the fiscal burdens OF
the government for all time Not senator here repre-
sents constituency consderae, liberal, generous
than mine; but there things which they could neither
endure nor forget, nor iorgiye,
W
admitting that my objections TO the third section
should be deemed conclusive and unanswerabe yet that
all o them have been anticipated and provided against
by California HERSELF and through instrument conten
poaneous and oi equal authority with her constitution
itself and proiesses provide for the relInquish-
ment her part OF all purpose 10 "interere with the
primary disposal" OF the public domain, and was
ted before she applied Tor admission into the Union, II
the obstacle have raised 10 her admis
sion under this bill This concede fully, provided that
such instrument does eiecualy protect the public do
main from all danger. Let US, them look at that paper
Il has been printed by order Of the Senate, and have il
here. purports TO be "Calfofnas ordinance OF fen-
qulshment," &c.
There is mystery about this paper, and its inFoduc.
ton into the Senate, which have stIiven IN vain TO
comprehend The preamble 10 il a,tests its adoption by
the California convention, declaring
BE il ofdaned by the convention assembled to form
constitution iof the state Of California; behalf and by
authority OF the people Of the said State, NC.
Now, all such ordinances are invariably, learn, at
tested by the signature of the president oil The conven.
with the constitution 10 be laid before Congress contem.
poraneoasly with It All this was done 10 the case Of
The Michigan ordnance and the California ordinance is
said TO have been modelled upon that But, more
strangely still, II did not accompany the California con.
sution, when Il Transmitted by the President 10
both houses OF Congress and for no other reason,
take for granted, but that the President had not re-.
ceIycd IT. Stranger si, the constitution fully two
uonlhs before Congress 1t had been referred 10 the
Committee on Territories and that committee had re.
ported a bill to admit California into the Union, and
NOT an inmaon was given to the Senate that such an
ordinance existed. Though Il is evident that the Cali
lorna convention considered the admission OF the State
somewhat depended the efficacy of that instrument,
not until writer OF deep aud acute sagacy, of profound