The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-07-04
CONGRESSIONAL.
sPEEca OF ma. DOUGLAS
or IIIyN0re

OUNUn HDJlONhns
sPEEca OF ma. 0OuaLAs
or ILLINOIS,
n rsply to the argument Of Mr. SouLe, relative 10
the public lands 81 The Unitsd STATES California
dslipsred an ne Senate, June 20. 1850.
Mr. DOUGLAS said Mr. President, i propose 10 reply
to 50 much o the argument o the senator from
IMr SoULE] as relates 10 the public lands of the United
States within the limits Of the State Of California.
vndcate the bill against The charge tha IN the shape in
which il came from the Committee on Territories. or
with the amendment subsequently offered BY way OF
abundance OF pTecauton, the lands would escheat 70 the
State of California, and that the United States would be
Invested Of It's title tsha not occupy the attention OF
the Senate In discussing many other topics which were
argued BY the senator from Louisiana. What few words
may have 70 say upon the question Of boundary will
be said when amendment which laid upon the table
q few days ago may be taken up for action
Now, sir IN regard 10 the position OF the from
louisiana that under this bill If II becomes law the
lands there will escheat 10 the State OF California The
argument by which the attempts to maintain that
position rests entirely upon the assumption that each
State Of the Union y an absolute sovereignty, and that
sovereignty necessarily Includes and is nsepaable form,
ownership of the SOIL do not deem il necessary, for
the purpose oil this agument to inquire how lar the
States Of the Union soveregntes understand that
sovereignty do any and all mol prohibited by the
laws Of nations nor the lawsof God. There are many
that the States Of the Union cannot perform, which
do not come within these exceptons-many acts which
involve the highest attributes Of sovereignty such
making war and peace. coming money. regulating com
constitution OF The United States.
But, sir, will not occupy lime upon this point OF
sregny The States Of the Union may be said, il may
be permitted to use such expression, 10 be limited
soveeignties that is say, they sovereign within
the sphere OF their appropriate duties. and to the extent
tha, they not restrained by the constitution. But
passing TO the latter part oil the proposition, which implies
that sovereignty necessarily ncades owership of the
soil: This propagation attempted to be maintained by
quotations from vaiie Il il moi my purpose 70 question
the high authority OF that author but Il should be borne
in mind that Vaite wrote OF the laws Of nations and the
principles OF government they existed at the time that
be lived At that period the eudal system in its full
ygor Ii constituted the basis upon which all European
governments constructed According to the theory
Of that SYSTEM the sovereign was owner OF all the soil
within his dominion He divided out bis territory among
his mobiles who became his vassas, and held on condi-
ton OF rendering military other service, and those
mobiles divided again between their vassas on like con-
dons Hence the sovereign was understood at least by
fiction of law, to be the OF all the soil within his
kingdom, although others held in possession And,
Vaei speaking OF that system when he ndited the
passage which has been quoted from his work TO sustain
the position assumed by the senator from Louisiana
have only remark, then. that the eudal system is not
existence here. II swept away by the revolution,
and the last vesges OF it are gone All O our titles are
alodal. We hold our lands by fee-smpe tenure, en-
rey independent of the government, and without any
condition Of The rendering service or paying homage there
Tor.
Now, Mr. President, when we come TO consider this
question with reference to the States OF this Union,
have never acted upon the principle that ownership Of
the soil il essential ingredient OF sovereignty, not
States Some States Of the Union permitted to hold
land within the boundaries OF othersas Connecticut did
within New York, and subsequently in OHIO, and as
Massachusetts, does within the State OF Maine. In
other States boards o propTeors whose titles were ac-
CURED prior the revolution continued to hold the pub
lie domain and do at this day. as is the in New Jer-
cple that the sovereignty necessarily includes the own.
ership of the SOIL When the revolution took place. and
new system OF government was called into existence
all the vacant and unappyopriaed lands within the dit
ferent Sates Of the Union became the property Of those
States for The paipabe reason that there was no other
owner.
vacant and unappropaed lands, and Invested the title Of
person power earth except England and her ad-
herents, with whom we were al war The only dispute
that in regard these lands had reference TO the
territory northwest of the river Ohio That territory, OF
at least portions Of IT, was claimed by various States az
being within Their respective limits Nearly all Their
charters from the Brsh Crown In terms extended west
ward, according TO the courses Indicated indefinitely to
the South Sea or Pacific When the geography OF the
country to be better understood and the bounda-
res Of The colonies, States, they now called
ascerlaned IL was discovered lhat in the territory
alluded 70 they ran across and INTO and Tapped
each Gther that the same district Of country was
actually embraced within the chartered limits OF three OF
four different Stzes. This difficulty was solved and dis
puie amicably settled, upon the Recommendation OF Con
gress BY cesson by Virginia, New York, Connecticut
and the other States interested, of sad territory 10 the
United States have in the volume before me all these
deeds of cession which in the United STATES the title
10 ell the lands in the territory northwest OF he Ohio
government, which Is the largest land perhaps in
the world, has held foot OF land BY virtue Of
s sovereignty Sovereignty not the title by which
have claimed or held acre OF public lands. We
hold the lands by virtue OF the title that indivd
ual possesses his estate. The government holds '
lands by deeds OF conveyance In The case OF the North
west Territory she held deed OF cession. 10 which
have referred In the OF Tennessee, she held bS
a deed OF cession from North Carolina. In Mississippi
and Alabama she holds the lands by deed oil cessor
from Georgia In the Louisiana territory, including IN
States OF Louisiana, Arkansas, Missouri Iowa, and tn
vacant terrory she holds the lands by cesslon from tn
government OF France Florida she acquired BY cessoI
ilom Spain, and New Mexico and California BY cessioi
from the republic OF Mexico. Hence all oil the pub
lie lands held by the government BY purchase, bl
cesson by deed OF conveyance, upon an adequate con
sderatlon, the any Individual holds his estate
and not by virtue OF the sovereignty OF the nation.
Now, having acquired our title 10 the lands by I'M
mode, the next question which arises Is, whether th
United States can hold and dispose OF them the same a
an individual The constitution itself answers that IN
quiry That instrument provides that Congress shal
have power TO dispose Of and make all needlu rule
and regulations respecting the territory other property
belonging to The United Saiesr This provision author
izes ne United States 10 be and become land owner
and prescrbes the mode which the lands may be dis
posed Of and the title the purchaser Congress
is to make the neediul rules and regulations upon th
subject The title OF the United States can be ilyestsf
by no other power, by other means ia no other mod
than that which Congress shall sanction and prescribe
II cannot be done BY the action OF The people easa
ure OF Territory or State. These are modes unknown
10 the constitution IL cannot be done under the claus
OF the constitution which provides Tor the admission
new States; Tor another portion OF the same nsfumen
copfers the power and points out The mode o s exercs
10 express terms which excludes the idea that the sans
power can be derived BY implication from another porto
o the constitution. Hence the admission o Stale I'M
The Union under the clause concerning States cannc