The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-08-17

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States Of the Union, assumed thus position Will III
Senate consider the ground upon which the claim O
those States was originally made 10 the observation
which had occasion TO submit 10 the Senate AT earl
stage OF our proceedings stated that the claim OF ha
State and OF other States similarly situated is simply
an equality 10 the distributions Of the public domain un
affected 6y the existence at particular institution among
them. Sir that claim-the principle ON which it wal
restedlas never been answered. attempted to be
swered has been bold enough 70 rise in his pac,
here. and deny that each State OF the Union is entitled
equal consideration in the action of this government
der The constitution which was the result OF the fedora
compact No. sr the attention Of the Senate has been in
genousy directed from the principle which the claim
rested TO an argument on the subject oil slavery and
the disqualification, tor that OF the people among
whom i exists to those qual rights which they claim
Sir, am not now going into the consideration OF tha
question. That, agree has been sufficiently discussed
Il refer to il in the OF these remarks, will bs
for the purpose Of showing that the successful denat
that equality OF right is in my Judgment the sole ground
which the advocates OF this bill ought TO rely upon Tor III
pAMSaasfU Mr.. UNDERWOOD. viii the honorable senator from
| Georgia permit me to ask him question
Mr.. BERRiEN Most certainly.
Mr.. UNDERWOOD asked permission OF my friend
from Georgia to put question 70 him in reference to The
domain. The question which wish to put is this Is il
the opinion Of the senator from Georgia that in this equal
y OF interest among the several States the State OF Del
aware is enilled 70 much the State OF New York
Wonld he divide the domain per capita, according tc
population or what sort OF an interest does exist in this
property among the several Sates' wish him to give
Mr.. FOOTE. lin his seat) suppose the senator from
Kentucky " wants a, the square root Laughter
Mr.. BERRlEN. The question which has just been
popounded by The from Kentucky may be very
easily answered The claim is to an equality OF right in
the disposition Of the public domain II not expected
less each ndivlua-shall be assigned it's his ap-
popriate potion but intended TO affirm that there is
equality OF right TO be enjoyed in such mode as the
constitution and laws may provide, 10 which all the Cit
zens Of all the States are equally entitled Perhaps
may be better understood by my friend from Kentucky il
say that consider the public domain vested in the
people Of the United States composed Of The people o the
several States do not recognise the idea which have
sometimes heard intmaed, that this federal g0uernment
is the owner OF the public domain. In my judgment, il
belongs to the people OF the United States; and their in
erests in this, we'll in other matters conded to this
government TO be administered by it the agent Of
that people Instead then, Of making partition to meet
the suggestion OF the honorable senator from Kentucky
the duty OF this government IN afrmance OF that equality
Of right, will consist in my judgment, in providing BY
law Tor such disposition OF the public domain as will
enable emgrants from all the States go there enjoying
The same rights whch they possess within the States in
which they dwell can be particular. if is in-
dispensabe. hold that this government is bound, un-
der the constitution, TO make rules and regulations for
the disposal OF the public lands, by which they may be-
come individual property upon terms which The govern
meat may prescribe 80 as TO secure The right OF acquiring
them equally to the ctlzens OF all the States hold that
these Territories when arrangements made for such
distribution OF them to be open all the people, And
If the government shall fuli that duty, they will not
only provide ior in such mode that all individuals
may go there and enjoy 1T but ii they shall believe that
there any existing distinctions TO the free OF
any portion Of the people OF the United States 10 the full
enjoyment OF all the rights which they possess here when
they emgrae to the Territories that they are bound to
have them removed. hope may be understood by
my honorable friend a. to what mean by equality OF
MIR President have additionally to say that there Is
no unsuitable reason for this assumption OF power not
warranted by the conslituon.tnat OF creating State,
this departure from the established usages OF the gov
crnmen There is nothing in the condition OF California
which would afford ius,able cause for such proceed.
is adequate to all the wants OF the people Of
California ask honorable senators 10 say in what par
ucuar territorial government would be inadequate TO
the wants OF that people. Ii il be admitted, must
be admitted that on ali anterior occasions Congress has
asserted its sovereignty over the public domain by the
creation OF territorial in the first nsancef
il be admitted, must be admitted, that such goy-
eminent is entirely adequate to the wants OF the people OF
California, inquire why is that Congress will
der the sovereignty OF the United States will devate from
all the established usges oil this government TO author
ize the creation OF State
know that il may be answered that Congress has re-
fused to give TO California territorial government and
thai therefore she has been driven to the necessity of
establishing this Stale government Well, sir, there is
in in the assertion OF this faacy gross
there is in the conclusion which is deduced from it.
Congress has refused TO grant territorial government
Now, by whom this fefusedi The argument is ad-
dressed 10 the opponents OF this b-to those who seek
to lia California 10 territorial government Can II be
said that refused any former occasion 10 give her
territorial government In what called the Clay
ton Compromise bll," or In the amendment which was
proposed by the senator from Wisconsin, were the oppo
nens of territorial government those who are now the
opponents OF State government III so, the drgunen.
tum al hominem would properly apply TO them. But !
speak To those who perfectly instructed IN this matter
say that the opponents oil the territorial government
which sought 10 give 10 California at the last and the
preceding sessions of Congress, those who now
the advocates OF this bill and they seek TO justify de-
pariure from all previous usage in the adoption OF such
bill, the ground OF their previous refusal 10 grant
territorial government
TIE argument poweress to US, but operates with
all It's force against the advocates OF this bill II they
have changed their attitude TO the people oil CalorDaif
to those to whom they were unwilling 70 give even ter.
rItoral government they willing 10 give the
benefit oi State government the motive Tor The change
must be looked Tor in other source than that oi
their previous refusal to grant territorial govern
they look ior in The provisions Of the
stiuton OF California prohibiting slavery. which, being
in accordance with Their own vews now induce them to
adopt course in direct opposition to that which they
formerly pursued. SIR, state what dese the Senate
and the country understand that who resisting
the admission OF California State have siudiously
and earnestly sought TO give her the benefit oil terrific
government during the two preceding sessions OF Con
gress, and that we have endeavoted To do this, aban
donng claim for the protection of own particular
interests that have sought TO give this government "a
the people, leaving them they should come 10 form
STATE, TO decide the question OF allowing or prohibiting
slavery Tor themselves And, sir am authorized TO say
from the which has been pursued By the ad
were under discussIon because they did not con
tam wnat IS commonly called The Wilmot Pfovso tha
they resisted the establishment OF territorial governments
The responsibility, then, rests upon them and il seemi
to me that u ~ not conssent with entire fairness tha
they should urge their own wrong, or their own right
whichever II may be, az the why they nave
changed the position which they formerly occupied
| that which they