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

vision IN reianon 70 the pubic lands lhe senator from
Louisiana has assumed, and predcaed his argument
the assumption, that with the exception OF Arkansas the
precedent justify the conclusion that the admission OF
state wSu 70 III ny comIac % ne contrary Spsa.sd e
assumed this 10 have been the current OF authority upon
this question, without deeming necessary investigate
our legislation, and see how the records presented the
facts Il will be my purpose to inquire into these differ
en cases TO see how far legislation will justify him
in that assumption.
And. first, have to remark that the question is not
novel one i has been thousand times decidedudi-
cally decided For since the admission of Tennes-
see into the Union in 1885, the government of the United
the States thus admitted giving deeds to the purchasers,
and those purchasers have been prosecuting suits our
courts by which they enforce their e Each and every
case Of eectment any other form OF action in which the
lle Of land was involved, which has been brought these
new States y case IN point testing the validity Of the IL
tie OF the United States within the limits Of those States M
ter their admission into the Union IL therefore there has
been and not know that there have been
thousands where, after State has been admitted into
United States has sold he and the title Of the purchase
has been adndged Valid that one case 10 conclusive OF
the question
will first call your attention 10 the admission Of Ten
nessse. begin with t. because wastbe fsst Stale
admitted into the Union where there were public lands
The territory ceded BY North Carolina 10 the United
Staes IN 7S9, for the purpose Of being admitted into the
Union more States. Here is the act OF adns-
sion, and the only act on the subject,
Mr. D. hefe read the act for the admission Of the State
OF Iennessee into the Union, approved June l, 1885,
There, sir, you have the entire act There was no
compact no ordinance by which the State OF Tennessee
agreed not to isterere with the primary disposal Of the
soil that the State would not tax the lands Of the
United States supuation condition, no compact
or contract touching the subject-matter Il was a
footing with the original States in all respects what
from Louisisna did that &C, iolie The is i'll d he
nesseel If %, that gallant State yet wise
enough to know her rights and claim the lands. No
lawyer astute enough 10 comprehend the point by
kn aduora
ment, where the plaintiff must rely upon the strength Of
his own title the courts have been SO blind that they
entirely overlooked it, and for nearly sixty years all the
departments OF her government have gone on sancuoning
and recognising those titles, executed by the government
of The UHted Sates being conclusive TO the lands with
in the State OF Tennessee.
Ohio Il has been referred to having contained
compact with the government Of the United States, secu
ring the title to the public lands There seems to have
been Misrepresentation upon this point not only in ref
TO Ohio but in regard TO most OF the new States
Of the Union have often heard the compacs with those
States referred to having secured to the United States
the title 10 the public domain The impression seems to
prevail to extent. not only that such c0mpacs
actually exist, but that they were entered into as
conditions upon which those States received into
the federal Union Whereas in fact, there no such
compacts except two cases, and those entered
into under peculiar circumstances and with reference to
entirely different objects. will show before conclude
But 10 return the Of Ohio The act passed
on the 30th of April S02. The irst section authorizes
the inhabitants to form for themselves constitutional
State government, and to such they shall
deem proper and the said State when formed shall be
admitted into the Union. upon the same footing with the
original States in all respects whatever" M
me second section prescribes the boundaries OF the
new State The third fourth, and fifth sections direct
the mode Of electng and organizing the convention.
The sixth section provides that until the next general
sus the said State shall be entitled representative
in the Congress Of the United States We now come TO
the sevesh and last section which is the one that bears
directly upon the point under discussion And as II s the
original iron which the acts authorizing the admission OF
nearly all the other new States were copied will read
u And be il farther ENACTED, That the following PROPOSE
tons be- and the hereby offered TO the convention
of the eastern State of said territory, when formed for
their free rejection, which, if accepted by
the convention, shall be obligatory upon the United States
Then follow the three propositions:
Ist. That Congress win grant the 10Th section in each
3D. grant Of The six miles reservation. including the
Salt Springs TO the State.
OF the public lands lying within said States be applied
in making roads leading to the Atlantic.
Then comes provision the following words:
Provided acay That the three foregoing propositions
Without ,hs con.en, Of the Uasd States that every and
dsy Of June next shall Be ana remain exempt from any
tax laid by under authority OF the STATE, whether
Stale, county, township, other purpose Whatever Tor
the term five years from and aiie the day Of salc
Here you have the whole act The first section ad.
mtted the State into the Union on equal footing with
the original States in all respects whatever without any
subsequent legislation This being done. Congress, IN
the seventh section rendered certain propositions to said
State for their "frse acceptance rs5ecfon The Stale
was at liberty 10 do the thing or the olherto accept
or reecand in either event she remained IN the Union
II she accepted the propositions, she became entitled to
the school ands the salt springs and ve per cent Of the
net proceeds Of the sales OF the public lands But ii she
rejected them abe lost all these donations; still remain
4 ing however, a member OF the coniederacy These
propositions for compact therefore, were not rendered
as conditions her admission into the Union, but as the
only terms upon which she could receive the donations oi
land and money. The proviso declares that The three
foregoing propositions herein offered are on the conditions
thar -
What are the conditions Not that the State will
interfere with the primary disposal OF the soi-noi
that she will discaim all right 10 the public lands within
her lmits-not that she will tax the lands and
property OF the United States OF these subjects are
mentioned alluded to- II to have been taken or
granted that OF these things were necessary But
tract Of land SOLD by Congress should remain exempt
from taxation for the term OF hve years from and after
the day OF SALE Congress deemed tins stipulation I'M.
poanf and hence ii inserted as the condition upon
which the State could receive her school lands and the
o.her graiues The great importance OF this provls-
ion To The government Of The United States ~ apparent
when we look into the history OF our Legislation oi
/ that day Prior 10 1920 the public lands were
sold on credit al two dollars per acre, and the pur-
chaser made his payments IN instalmenr But ior tnis
\ provision the lands would have been taxable iron Inc
ay of SALE and in deanit OF the payment OF The taxes
the State might have sold them and secured tax htles 70
them before the United States would have received the
purchase money. 10 guard against this contingency
Congress imposed the condition, and required the State q
assent II before she could receive her schoo anas s
sprags, and 1--WE per cent OF the proceeds OF sales ro'
the same reason you will find compacis containing tn's
condition with all the new States admitted from lnat me
up 10 IS20 when the credit system was aboshed and