The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-03

secured by the renquishment OF all claim on the part Of
the State to dispose oil the domain, il Is gone. etrevaby
gone II escheats TO the new State and becomes abso
But. Mr. President, | am met with another authority
Of still greater weight than that OF vatte purpors
TO be an opinion OF the Supreme Court OF the United
States upon the abstract matters AZ issue in this contro
versy Although doubt seriously whether any adudi-
cation, come from what tribunal il may, add much
cogency to what the distinguished senator has said,
carry with il influence than his name and opinions
bring bear on all subjects Of national interest," will
admit freely that such an authority might in court Of JUS
tce ne deemed OF more import and consequence Yet we
are discussing here question: and courts have
again and again declared that with respect 10 such ques
tons, they would always be guided by the action OF the
government under the authority OF Congress Besides the
opinion referred to stands isolated, and by
be considered as settling the jurisprudence OF the country
upon the matters 1t adjudcates. II delivered in
case between private parties, on an occasion IN which
the respective and conflicting preensons of two contend
ng soveregntes could not be fully brought into discus
sion. As lar as that question went, it was matter
not the ownership Of al auvia increment Of SOIL formed
"a front 81 private property in The bay OF Mobile, be.
longed TO the riparian owner and his right to the alu
Won was pressed upon the ground that the United States,
under whom the riparian held, having originally
acquired that property from Spain, had acquired It with
all the right inhering 70 the by the laws Of that
country, and such it had been transferred TO him by
them Well, the court decided that the ownership OF The
anvial soil was in the State oil Alabama, who clearly
could set up no right or claim to IT, except under her
sovereignty and far therefore, the opinion goes n
support OF my argument.
There in it. is true several obiter dica. tending to
establish that the United States may possess lands within
the borders OF State without interfering at all with her
sovereignty but OF which lands does the opinion speak
OF lands possessed BY them through specific deeds OF
cesson from the States and not OF lands held under the
right and BY virtue OF the sovereignty Now, insist
that the public domain which the United States hold
California is Of the latter kind and have fully illus
tratedhs position when alluding to the treaty OF
sion AS such, il inherent to and passes with the
ereigny unless reserved by specific contract before the
territory within which il lies is transferred 10 the new
he pua nxnI hat
precisely such ordinance my substitute provides for
had already been executed by Alabama, and the most
solemn form, before she was admitted as State into the
Nor should that decree, apprehend, isolated il is
and alone, and inter a0s dcta be considered as
to !he settled political doctrine hela and ad
ceeded each other during these sixty years past What
ever be my respect and Difference the opinions of the
Supreme Court cannot shut my eyes TO the fact that It
has happened than that their judgment upon
great constitutional questions was repudaied by the uni
yersa sentiment OF the whole country; and need not
aude to that which sanctioned the constutionality OF
the alien and sedilon laws, and which gust of an in
censed public opinion scattered to the winds OF heaven
and swept away from the catalogue OF precedents not to
be referred TO any more hereafter
But, should be compelled to surrender all this, the
main difficulty will by meals be removed The opinion
OF the Supreme Court IN the case ced only recognises IN
the United States the power 10 hold lands in the Safes for
specific and temporary purposes and from the principle
laid down in Yattel, they hold them, except lin
ne manner Of private indUlduafs" What then, Of the
mines Ii my argument with respect TO them is concu-
sive, land yet was rash as TO assa IT'D they
gone aad belong OF right TO the first occupant; for
the domain throughout all New Spain lA1exco) was,
from the days Of Phillip IT, shorn OF all right them,
except far the sovereign retained that OF levying
a duty on the proceeds of them. Now, that right Is
thing incoporea essentially belonging to and TO be exer
cised only by the sovereign Il nheren, to sovereign
y il passes with IT, is nseparabe from II, and consli-
tues its most important muniment and privilege wan
YOU say, n that the United States do mol part with
when they transfer their sovereignty TO new State
You cannot IT, therefore, you do not save the domain
The new Stale of all claim title to it. it is lost to you
and forever secured TO her The consequence Is resst
IDLY unavoidable.
gress expressed by its action whenever the case has
occurred OF Stale asking TO be admitted into the
Union, bear out in the view which have taken oil
this subject But the honorable senator from Illinois
Mr. DouGLAs has boldly denied the fact, and contends
with an quite characteristic OF his tone and
manner, when he is advocating most ungraclous
and stubborn case, "tha the political history oil the
country is invariably against me-" Is that what the
senator contends for wish to state his position DIS
tinstly
cedent growing out OF the admission oil new States are
all way, beginning from Tennessee up; that the cur
rent OF authority is decidedly against him. I
MIR. S0ULE | am glad that have not misstated the
ground taken by the honorable senator Ii is as lald II
down and the senator from Massachusetts,, Mr. WEs.
srra,l much TO my surprise has gwen Il the Weigh. 81
senators right Am wrong Let history speak forth
through the statute book But lest should again be mis-
na0 mol gOOu
met on this poin, by either OF The senators-l will again
lay down my proposition with respect TO that matter, and
call specially the attention OF the senator from Illinois
10 It's terms IL is this THAT Congress- by requiring IN
every instance of State with unappropnated pub
lie lands) asking be admitted into the Union, that she
should execute an act OF REIMBURSEMENT OF all title OF
claim 10 the public lands, bind herself to conform her
the articles OF compact OF the ordinance oil
1887, has acknowledged and proclaimed that onhom II
the domain would pass, with the sovereignty, TO the
State Now for the proof.
been seventeen States admitted into the Union Ihe
state OF Vermont FIRST, March 9TH, l79l) She was
required pass ordinance there being no undpPro-
prlded public lands within her limits. Next came Ken
lucky, Dune st, 1792) Virginia, upon giving her as
separate organization State, did not pre-
tend 10 retain the public domain, but LET 90 with the
sovereignty, and made no The DOMAIN passed
10 the new State and she admitted into the Union
without any act OF REIMBURSEMENT OF the public lands
States have never my knowledge, attempted to inter
iere with them
Then came Tennessee, about whom the senator from
Illinois said so much under the impression hat having
been admitted ncondonay, she at least constituted an
RECEPTION 10 the rule which the could not deny) had been
applied To other States will here remind the honora.
Bile senator with respect this State. that her case was
peculiar Her territory had been ceded TO the uni-
ted States by North Carolna and 10 the act OF cession
The latter lad soiemny stipulated that Ail lands IN
euded 10 be ceded BY virtue OF this act 70 The United
States OF Amerca and moi appropriated, shall be con.
sdered as fund for the and benefit oil the
United Stses North Carolina included, according 70 hen
respective IN The public expenditure and shall DC
faithfully disposed OF for that purpose, and Tor no ohf
purpose ioaisoeuer | Statutes at Large, VOL !,
p los) 80 that not only were the public laads within