The miners' express. (Dubuque, Iowa) 1849-1854, 1852-03-31
W:t)efkly W:t)e Grprtgs.
WEDNESDAY MOPNlNG.-.. MARCH 81

WEDNESDAY MORNING. MARCH 81
Contin uation OF Speech Of Hon A Filch,
aMt In the Senate or the U. States.
The excitement and agitation growing out of
the controversy, and the spirit of jealousy
which was enyendered, had ll-nigh thwarted
every effort at confederation; and it was not
until the cessions were made Of their unexhib-
tied territory by the great States, that the coun-
try was quieted and the Confederation safely cs-
tablished.
In order to show the relation which exists be-
tween the General Government in the admins
traiion Of the public domain, and the States
within whose limits it lies, wish to call atten-
tion to some of the conditions on which this
cesson was originally made. These condi-
tions, in my humble opinion, secure To the new
States the right, and impose on the General
Government the duty Of adopting a liberal
policy in The care and disposition of ,hese lands.
The new States, within whose limits they lie,
have right to expect such policy, as, while
il advances the interests of the GeSeral Gov-
ernment, shall secure also the settlement and
prosperity of the State.
In the grant by Virginia, it is stated to be on
condition that ''the territory SO ceded shall be
{ laid out and formed into States containing a
+. suitable extent OF territory, not less than one
shundrpd nor more than hundred and fifty
: miles square, or near theret" circumstan-
ces will ad nit /; and that the s ates so formed
shall be distinct republican States, and admit
tied members Of the Federal Union, having the
same right of sovereignty, freedom, and lnde-
spendence, as the other States" e"H
The cess,on made by Georgia required the
territory ceded to be admitted as State, in like
manner, whenever il should have sixty thousand
inhabitants The Ordinance Of 1887 which
provided territorial government for the coun-
try ceded by Virginia, also provided for The for
nation ot n It less than three nor more than FIVE
States, and fixed their boundaries-pach to be
admitted when it had sixty thousand inhabitants
"on an equal footing with the original States, in
all respects whatever" What would have
been an "equal footing" withthe original States'
That provisis n was sufficiently comprehensive
TO carry with il emin'n domain, and the abso-
lutte ownership Of the unapprnprated land. II
they had been admitted ION an equal footing
with the Safe of Massachusetts, or any other
OF the old STATE, most assuredly every foot Of
territory now owned by the United States would
have been the property of the States within
which they lie. There would have been no
power Of the General Government to control
the disposition ofthe lands in Ohio, or any other
of the States formed in the ceded territory, but
the title Of those States would have been per-
feet. Such would have been the effect, il the
provision which have cited had stood alone in
the Ordinance But there was another provis-
ion in that instrument, which changed entirely
that "equal footing. There WASH restriction
imposed; and it is under that restrictive clanse
and subsequent action in accordance with its
/ Snc tL., n
this moment, holds and administers the public
lands in Ohio, Indiana, Illinois, Michigan, ane
! Wisconsin. That clause in the Ordinance o
| 1887 withheld the title from the States by tn.
express declaration, that s'tlIe Legislatures o
these districts, or new States, shall never in
sterfare with the primary dsp ,sal of the soil b,
sthe United States in Congress assembled, no
with any regulations Congress may find C
pssary tor securing the title in such sill to tn,
bona Gde purchaser y And IN confirmation q
this provision Of the o dinance Of 1857, whel
the new States were admitted into the Union
they were required to give their assent to a sim
liar restriction upon their "equal footing AM
equal rights with the original States Thei
express assent to the restriction IS found il
the compact made with all, or nearly all OF tn
new States on their admission into the Union
1 The Constitution ofth United States, adopt
ed in 1877, provides that .sCongress shall hav
power to dispose Of, and make all needful rule
and regulations respecting, the territory or othe
property belonging to the United States. =
Some Of these cessions were made before tn
adoption Of the Constitution, and some Of thee
subsequently. @
: These provisions show the manner in whic
the United States acquired The right to the Ian
in the new States, and the purpose for which
! vvas coded From them we are able to aSCp]
tain the design of those who participated in IN
transaction at that day, and their anticipated re
:, suits IF the cessIons. They indicate, also, VIII;
was necessary to oe ~. ."e nv the Federal Coy
: eminent on thu r part, in oracr :o secure the :.
. frution Of their hopes What was this gre;
Q object 1t was not to obtain the benefit OF a
accession Of foreign territory 1t was not 20 st
cure revenues from an existing commerce, {
the right to levy taxes upon rich possessions, 9
TO gain accession Of population then exis.in!
n The country was wilderness, without con
merce, without wealth, without inhab,ant
save the savages of the forests. The object I
this grant is fully and explicitly declared IN Il
d provisions to which have referred. 1t was
I, build up States. 1t was to enlai ge this matte
by adding State after State to this glorious CO..
federacy which our fathers were about to fore
1t was to build up a powerful republic up
-
h in existence in any other respectable natioE
II the world. 1t was to establish the principes
free government, to increase the strength Of Il
nation, and to give permanency and vigor
n its institutions Everything which was nece
sary to advance these nbc c's, and to build
and organize new States in that great vale
and prepare them for admission into the Unio
! was devolved on the Federal Governme
: by the Ordinance Of 1857, to which have +
: ferred. G
Without keeping in view the ultimate desig
and adopting a course of policy commensura
: with it, the object Of the cessi m would ha
been frustrated II w otherwise was it pos,
Of bic 10 cur,a the influence Of the larger State
through this cession' How, without buildiI
y up new States. which should become menibp
Of the Confedrracy and bring their infuen
: and their energies to the common stock, was
expected that the weaker and smaller Stat
were to secure safety in the common counc
o against the larger anu more potent! y
Fanxiety Of the smaller States on this subject
81 shown as well by the history Of the times
the express condition Of :he cession TIL
would commit the care ofihese new settlemer
to no power but :he General Government.
Even the number of States to be found in I
: ceded territory had maximum and mnmr
fixed by The first ordinance, and it is cnrinus
see into how large number it was contemp
g. ted that the region wnu:d be divided. T
States were to be from one hundred tn one h,
IN IN dred and fifty niles square. If that provisi
ts had been literally carried into effect, instead
gs FIVE States northwest of the Ohio. we sI,n,
nd have not less than ten, nor nao'e than TWEEN
in three; and in the twelve land States, at the sa
ratio. there would be not less than twenty sc "
n n nor more than sixty-one.
The very fact that this division into S'a
4 was made in advance Of settlements, shows t
- the Federal Government charged with
care IF the public domain, in the belief tina
" possessed both the power and the disposit
to hasten its settlement and bring new Sta
into the Conftderacy. Here the Federal G
ernment assumed a most important and
M pnnsible dntv-'he duty of forming new
be Independent States. To secure rapid
healthy growth; to form institutions ofrepu
can government: to foster education and .
mote prosperity and happiness required b
f energy ard liberality. The title of King-ma
has little meaning when compared with I
which indicates the noble assumption of
General Government to ralse up free and
dependent States throughout the wilderness.
the western world. The region embra