The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-06-27
cALIroRNIA--rKRRironrAL GOVERNMENTS.

cALiFoRSIA--TKRRiToRIALo GOVERNMENTS.
The Senate resumed the consideration OF the
bill reported by the select committee of thirteen,
10 admit California State into the Union; TO es-
tablish territorial governments for Utah and New
Mexico; and making proposals To Texas for the
Establishment OF her western and northern bound
aries.
The question pending at the adjournment yester-
day was on the substitute proposed by Mr.. SovLE,
for that part of the bill relating California and
the amendment TO establish the territorial govern
ment for South California
Mr.. DOUGLAS proceeded TO answer the argu-
mcnts Of Mr. SoULE upon the amendments. He de-
tailed the various modes by which the United States
became the owners of the public lands, and con-
tended that the United States held no public land
by virtue of its sovereignty, but in all cases held
the public lands by virtue of the right by which
private individual held his farm--the right of
ownership He pointed cut several instances where
one State owned properly in other States, and To
the several instances in which the United States
have become the owners of public lands by the
sion from States, &c.
He argued that the admission Of a State into the
Union could not divest the United States Of their
title 10 the public lands; and argued also that a
compact between the United States and the new
State, IN this respect, was wholly unnecessary.
He read the act of admission of the State of Ten
nessee the hrst State admitted in which there
public lands, and no compact or condition was ever
made with her; still the title of the United States
10 the public lands in that State had never been
questioned. He also read the act admitting Ohio
The first section of that act a clear, uncondi-
second section contained certain proposals to the
Ohio convention for their free acceptance reec-
ton. IL was no part of compact, to be adopted
as condition for her admission, but was condi-
lon that OHIO should not have the sixteenth section
for school purposes, the townships for her colleges,
and the grants for her salt springs until she agreed
not to tax the lands sold by the United States for
hive years after the sale. similar provision was
adopted in the cases of Missouri and Illinois.
He said that not until the of the admission
OF louisiana, was there any thing known in the
legislation of the country respecting compact.
In the case of louisiana there were twelve condi-
tons That the State would enact and adopt the
Constitution of the United States; that the State
constitution shall be republican,; that the funda-
mental principles of civil and religious liberty
shall be maintained; that the trial by jury, and
the right Of the writ of Habcas corpus shall be pre-
served; that the laws, and the legislative and judi
cia proceedings of the State after admission shall
be published in the same language in which the
laws Of the United States shall be published that
the State shall disclain all title right the pub
lie lands; that the lands sold by the United States
shall Tor a time be exempt from taxation; that
residents shall not be taxed higher than residents;
that the waters of the Mississippi river shall be free
&c to all the citizens OF the United States. These
conditions were thought expedient because in that
case, the people of Louisiana considered as
not being so well acquainted with the laws and re-
gulatons OF the Constitution Of the United States,
and Its obligations upon them in their new situa-
ton as a State OF this Confederacy.
The same thing was never done before, since.
In the cases of Alabama, Missouri. Arkansas, Mich
igan, Florida, Iowa, and Wisconsin, they were all
admitted as States without any, compact being
made with them. In the several acts admitting
them, which he read, there provision made
by which their admission was dependant upon
their doing any act in relation to the public lands.
In all these acts, there proposals made to
the new States, for their acceptance rejection
but they placed the usual grants To the States
dependant on the acceptance Of these propositions,
and not their admission.
He adverted to the ordinance passed by the Cali
fornia convention, and commended that, by it, Cali
iornia admitted the right Of the United States to
the public domain. A resolution submitted in
that convention, that the public lands belonged to
the State, and was debated and opposed; and that
debate shows evidently that it the opinion Of
the convention that the public lands we're the prop
erty of the United States. The resolution was re-
jected by the convention.
MIR. DOUGLAS continued the examination of this
point and argued that the title of the United States
was settled beyond doubt by innumerable legisla-
tive and judicial preccdents. He explained the act
Of l54l, granting five hundred thousand acres of
public lands TO the States, and showed that by
the terms OF that act, the fears that California would
seize upon the mines were groundess. Mineral
lands were reserved for sale, and reserved for the
grants 10 the States.
lie then alluded to the objections made to the adj
mission of California, and advocated the early adj
mission OF that State act Of imperative Justice
and right.
MIR. WEBSTER said that he desired to say few
words on this amendment, as IL was an important
one. lie understood that il the desire of the
Senate TO act upon some Executive nominations,
and as the hour was late he moved the postpone
ment of this subject till TO- morrow
The subject was postponed accordingly.
Mr.. CLAY moved, and, after some debate be-
tween him and Mr.. HALE, it was ordered that
hereafter the hour of meeting shall be eleven,
The vote was as follows:
YEAS.-Messrs. Atchson, Badger, Bell, Bright,
Cass, Chase, Clay, Cooper. Dawson, Dickinson,
Dodge Of Wisconsin, Dodge of Iowa, Douglas,
Downs, Foote, Houston, Jones, King, Mason, Mil
Ter, Morton, Norris, Pratt, Smith, Sturgeon, I'm
derwood, Wales, Walker, Webster, and Whit
comb 80
NAYS.-Messrs. Baldwin, Benton, Berricn, But
Ter, Clarke, Clemens, Corwin, Davis Of Massachu-
setts, Davis Of Mississippi Dayton, Greene, Hale,
The Senate then proceeded to the consideration
of Executive business, and, after some time spent
therein,
Adjourned.