Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1850-07-06

ordnance expressly repudiates any claim title to thu
toPubc lands and asks Congress to grant portion Of then
the State This is the official evidence Of that Convention
that California did not claim them did not pretend TO on
them, assert any right them The ordinance GOES IN
say that California will enter into stipulation or compact
with the United States and the Legislature il hereby
rzed to declare behalf Of the State if such declaration
be proposed by Congress, that they will not interfere with
the primary disposal of the soil under the authority f tbe
United States Even California deemed it necessary to saw
that she would make the declaration Congress proposed
taking fr granted that nasmuch as Congress has not re-
qured such declaration the part of other States IL
would not be considered necessary for her to make IT, Yet
if Congress desires such declaration on her part she was
ready make in order remove all doubt upon the subject
she did not conceive that she could possibly have any title
to the lands.
But there other evidence conclusive evidence that the
charge against the State Of California of having desired
seize and hold these lands unjust The Senator referred
yesterday the resolution introduced into the California Com
vention by Mr. McCarver. will read:
Resolved las the deliberate opinion of this Convention
That the public domain within the limits of this State in
right and justice belongs to the people Of California and
the undsurbed enjoyment thereof ought be secured
them.n
asked the Senator from Louisiana during the delivery of
his Speech whether that resolution adopted by the Con-
venton He said no. for the that il was not deemed
prudent set up their claim that time lest they might
be received into the Unon and that the resolution was
rejected solely that ground. Now let look into the
debate and whether the discussions the time sustain
this declaration. read from the volume of Debates page
465:
Mr McCarver resolution in relation the public lands
ssMr Sherwood shall vote against this resolution
think these lands belong the Government of the United
States They the Government fifteen millions of dollars;
grant them the State Of California, nasmuch she had
appropriation for the support Of government think
cannot say that of right they belong California.
"Mr Stewart certainly cannot vote for the resolution
doctrine broached some twenty or thirty years agoa
doctrine which prevail in the Congress the Uni
ted States may be popular in the Western States but
in open violation of the constitution United States
The question then taken and the resolution rejected"
This the entire debate. No spoke in favor of the
resolution Not the author of had the courage de-
fend II rejected without division which is an indi
cation that the vote must have been very nearly quite
unanimous Yet in the face of this debate, and the
following it, the Senator from Louisiana tells us that the Con-
venton in favor Of the principle of the resolution and
only induced to reject from motives of prudence with
the view of setting up the claim hereafter The debates and
proceedings of that convention justify such charge against
the honor and integrity of its members The nsnuation is
denounced unfounded and by the record ITSELF They
up claim the lands but with great unanmity re-
pudiaed the doctrine when advanced by of its members
Sir let go little further into the proceedings of the
Convention That is not the only resolution which was
brought forward
MIR. Stewart moved the following
ResoU That the Congress of the United States be and
they hereby respectfully, but earnestly solicited give
to the people Of California for series Of years. long
be deemed expeden all which may be derived
from the renting leasing otherwise authorized occupation
Of the gold placers
The other resolutions request that the United States will
sell part with its title to the mines in California but
paying reasonable rent which rent they ask may be paid
into the Treasury Of California for limited period until their
from other shall be sufficient to deray the
penses Of their State Government.
And what became of these resolutions They also
voted down asking than would probably be granted
hem and the ordinance to which the Senator has referred
substituted in their place Hence you find that the
Convention of California neither claimed the lands her
own, asked the Government of the United States
% give them the proceeds for a limited time. They asked
donations for schools for internal improvements and such
'ther purposes necessary in States They
sed there willing to put themselves upon the footing
With the other Staes when they into the Unon with
he exception that they thought they entitled larger
quantity in consequence Of their peculiar position. The
tuon of California is less explicit for the title Of
he United States the land concerned 1t recognises our
tile to the fullest extent by the clearest implication if not in
!rect terms.
Article of the constitution provides that
" The proceeds of all lands that may be granted by The
United States this State for the support of schools, which
nay be sold disposed Of and the five hundred thousand
land granted to the States under the act Of Con-
res distributing the proceeds of the public lands among the
everal States Of the Union approved A. D. ls4l, and all
persons who may have died without leaving
WILL heir and also such per be granted by
Congress the sales Of the lands in this State shall be and
eman perpetual fund.- the interest OF which, together with
legislature may provide shall be nvolaby appropriated
he support Of common schools throughout the State"
These constitutional provisions clearly show that the peo
lie of California, people, dreamed of seizing
amng any portion of the public lands, under any Of these
ntiquaed notions of State sovereignty that being
She epudates the doctrine and it is unjust
o attribute such design to her.
Now have few remarks to make about the civil law to
which the Senator has referred He told that by the civil
aw which the law of Spain the king the Of
he mineral lands within his dominons Well, suppose
his will be conceded, and, consequence by the revolu
ion Of 1921 all the rights Of the king descended to the
Republic Of Mexico; and by the treaty of Guadalupe Hi
algo the rights Of Mexico vested in the United States
Hence, the United States have the right in the public
omain in California that the King of Spain had before the
evolution and that the Republic Of Merco possessed the
late of the treaty of peace We have the rights no
more, less Now, sir, do not deem necessary stop
inquire what these rights may be. If have rights
hen the Government has nothing lose nothing forfeit
~ the admission Of California into the Union If we have
igh they secured under this BILL according the
horities have cited.
But says the SENATOR Philip the Second Of Spain issued
scree upon the subject the translation Of which the Senator
las been courteous enough to favor me with
1t is pleasure and will that all subjects and persons
whether natives Spanard OF whatever nature cond
ion rank dignity shall be permitted god silver
md other metals from the mines freely and without hindrance
n all parts of the world Whatsoever"
The Senator says this decree has held and
the leading justs of Spain be rrevoc,be This de.
then opened all the mineral lands Of Spanish America to
he whole world and invited all mankind and dig aud
work the mines by paying the prescribed rent The Senator
hen bases his argument the assumed fact that the decree
evocab and proceeds to portray the consequences
eung from that position He says that If this position De
orrec all mankind have naenable right TO WORK the
od mines of California that the Chinese, and the Hindoo
ind the Hottenlots-he Chans the Peruvians, and the
Sandwich Islanders-a have naenabe right 10 extract
yold from those mines glad that the Senator cited
Spanish authority for this construction OF the decree OF