The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-04

was liberal enough 10 add two Others, 10 wit town.
for the seat OF government Then comes the proysos
IN the very terms o that OF Ohio, that the five foregoing
provisions herein offered the conditions that the
tract Of land sold by the United States shall be exempt
from taxation for the term Of five years from and after
the day Of sale No stipulation about the ownership Of
the solnone in regard to the right OF the State to tax
the property Of the United States.
The act authorizing Illinois to form constitution and
~ ~ nnsp y, n san
which will notice.
The first section. authorizing her to form constitu
ton and State government, and 10 into the Union
on equal footing with the original States. precisely
the same The sixth section, rendering propositions for
stree acceptance or rejection" is the same, with the
cepton that il does not give the State four sections OF
land for the seat OF government II also contains the
same provisO that the four foregoing propositions here
in offered are the conditions" that the State will agree
by compact that every and each tract Of land sold by
the United States shall remain exempt from taxation
for the term Of hve years from and after the day OF
sale and nen ! contains s me- iur.her condition mat is
Of isla while they continue 70 be held by the patenees
should taxed for three years after the issuing OF the
non-resdent citizens Of The United States shoud not be
taxed higher than the lands OF residents Illinois as
sented 10 these three conditions and in consequence
mentioned in the propositions But there was no com
pact or stipulation in regard To the title to the public
lands. Or the right Of the State 70 tax them.
will invite the attention OF the Senate to the
southwestern States, which were admitted into the Union
prior TO 1920. In these we will find some pecuarities
which are calculated 70 mislead the casual observer
less critically noted And among them the first and most
peculiar ishat Of Louisiana The act authorizing
that State to form constitution and State government
third ana fourth sections q the act viii bss seem hs
the consent Of Congress was given upon eleven distinct
conditions all which were 70 be complied with before
State government could be formed and then the
State not authorized to into the Union until
the constitution should be Submitted to Congress, and, if
not disappovsd at the next session alter the receipt
nknk ko Asw.ta al sren vIu,,,
upon the footing with the original States" Now,
let us what these eleven conditions were; for Iappre
hend that il is the first instance in which terms have been
announced conditions TO the admission Of State into
the Union other than those imposed by the constitution
itself:
lst That the convention behalf Of the people Of said
Territory, shall adopt the constitution Of the Uniled Saes
I'd That the constitution Of said State shall be republican,
and consistent with the constitution o tho United States
"a That i shall contain the fundamental principles Of
4h That itsha the citizens the trial by jury
5th That il should secure the privilege of the writ Of
hnbeas corpus coniondby the constitution Of the United
6l That the said into the Union
It's laws shall Le promulgated and is records of every de.
scpon shall be preserved, and its Judicial and legislative
wren proceedings conducted in The language In which
he aws and judicial aud legislative written proceedings
TIN That The convention shalt declare, behalf OF the
dissa% al q s % waste q
ted lands lying within the said Territory thar the same
shall be and remain the sole and ene disposition Of the
slh That each and every OF land sold by Congsss
shall be and remain exempt from any levied bs
years from and after the day Of sale
aea residing
higher than the lands belonging residing therein
I0h Thano shall be imposed the properly of the
iih And fhat the river Mississippi and the nsvgabe
rivers and leading the into the Gulf oil
Mexico shall be common highways. and forever free, as
well 70 the Inhabitants Of said State as 70 other citizens Of
the United States without any tax duty or toll therefor i'm
posed by said State
Now, sir ask il il is probable that these eleven con-
dons were prompted by the apprehension that they Were
necessary in order 10 save and secure the rights OF the
United States in respect 10 the public domain other
wise Could such have been the motive! Was II me-
cessary that the people Of Orleans Territory should have
could be permitted to come into the Union under the
Of the State Of louisiana And having adopted the
WaoS o Ss % Of Sy
and the privileges OF the writ OF habeas corpus have been
and sacred under the constitution Of the United
States whou. beng specially renves,sa as w,'n a. ,l
sttuton command State Of this Union in what language
she shall conduct and publish her Legislative and judicial
proceedings Upon all these points, apprehend, there
can be no doubt in the mind Of any senator present
There must, then, have been other considerations
growing out OF the history and condition oil that people,
which rendered il prudent and wise 10 insert all these
things in the law and require the convention to agree TO
/ them
The inhabitants Of that Territory had recently belonged
to foreign government; they were aliens TO us IN Ian
guage, in religion, in laws. in habits OF thought in all
The principles OF political science and in everything that
concerned the practical workings OF system OF gov
ernment II may have been deemed wise and proper,
therefore, by the Congress OF that day 70 mbody some OF
the fundamental principles, axioms, and uusms OF our
government in the act for their admission, with the view
Of impressing them firmly upon the minds and con-
sciences OF those people The same remarks will apply
with still greater force the stpuations m respect 10 the
public lands and the navigable waers-not that these
spuations were necessary to protect our rights, but
expedient in order to teach them their duties The con-
suton OF the United States the trial by jury the writ OF
State without as with the compact And 80, apmehend
il would have been in respect TO the public lands and
navigable waters Surely in legal point OF view, there
could have been necessity for these spuatons
in Louisiana than in Ohio, Indiana, and Illinois, WHERE
as we have seen, no such conditions were required or
thought OF.
The ac authorizing the inhabitants OF Mississippi Ter.
ritory TO form constitution and State government and
to come into the Union, approved March lst 1877
The first section OF the act is IN the very terms oil those
have quoted in regard TO Ohio, Indiana and Illinois The
fourth section is literal copy OF portion OF the third
section OF the Louisiana act That clause requiring them
10 adopt the constitution Of the United States, and to Sc
cure the trial by jury and the writ Of hobeas corpus, -
omitted and the provisions in regard 10 the public lands
Louisiana and Mssisspp--co the exceptions TO
the general current of authorities, and the departure from
the other precedens must be accounted Tor by the pecu
liar circumstances TO which have referred And in this
cohnexion must be borne in mind that Indiana followed
Louisiana in the order OF their admission, and that ll-
nos was admitted one year subsequent TO Mississippi,
without any such spuations The act authorizing the
inhabitants OF Alabama Territory to form constitution
and into the Union approved March Cd, 1919.
i Ii is transcript OF the Ohio act, with such slight varia.
tons necessary 10 adapt II 10 another Territory
The first section authorizes the inhabitants 10 iom con-