The daily union. [volume] (Washington [D.C.]) 1845-1857, 1854-03-11
WASHINGTON, SATURDAY, MARCH IL. 1854.

stances Of public interest," Of private condition
there memorable constitutional equality, which opens the
public domain 10 all, and al all hmesl No man has ever
c1ntended for such principle such practice. From
the very OF the land system down the
present session OF Congress- partial grants have been mad
showing the uncontrolled power OF the legislature and th
non-existence of any such universal right rs claimed
Tracts have been granted Individuals almost every page
of your statute book bears evidence of they have beer
graated 10 persons living within particular districts, o.
others of certain age, and yet to others, quantities
greater less, depending the number in their families
and under many other circumstances which 1t would be
tedious to enumeae Al this has been DONE not for nor
against particular sections of the country violation
of just equality, but because called for by peculiar cir
cumstances applicable either the OF individuals
TO eeran districts making part OF the public lands and re-
curing peculiar policy.
What 10 the proper limit of congressional discretion in
this exceptional legislation by which provision may bs
made for particular egencies ID DOT necessary to inquire
for sny purpose have Nor shall stop 10 exam
inc what conditions might be annexed the sale of The pub
lie lands whether Congress might require that the purchas
should be Shareholders that only free labor should be
employed IN cultivation, encumber the grants with other
reslreons for such power has been assumed
is likely to be, My convictions utterly opposed TO
IT. The authority to exclude slavery from the Territories,
however by the known the Wlmot prvviso -
claimed attribute OF sovereign legislation tits called
and has relation The sale OF land resulting from the
rights of land owner My object is attained when sho
that there pracca principle Of universal equality which
enables every 10 clam right precisely what any
other has received Such principle would render
land system fixed and imInuabe the laws Of the
Modes and Persans at least far respects any checks
securities that experience might require any
OF The price under any circumstances.
The proposition that the territory and other property
of the Uniled Stats have been acquired by the
blood or treasure OF the Unon by both and that the
whole Union has equal right them contains the
caton OF principle, and the assertion of fact which
commend themselves TO universal But a rela
i've, not absolute right; right OF equality under the
same circumstances not under all circumstances
of South Carolina and citizen of Massachusetts, have
equal claims to migrate 10 any portion of the public terri
toryn upon equal conditions. One be excluded be-
he belongs State the other admitted
he belongs another The principle Is the very one
indeed applicable in terms, though It's spirit whh
regulates the between the different States that
of each Stale shall be entitled all The priv
iges and mnuntes of citizens the several States" APP
ply this principle the Territories, and We have just rule
action for be rccollected that good deal of
the difficulty involved in this question from the
fusion inseparabe from the application of the same word
to very different purposes.
The word territory" is only used in the constitution
applicable the property" of the United States ard OBJ
property of the United Sates committed the reg
uaton aad disposition of Congress- and the Supreme Court
has said that the Term territory here used merely
descriptive of kind of property and equivalent the
word LANDS" &c; and this IN my view without any
grant whatever OF political jurisdiction. The
tered is that OF land owner for the purpose of the
men and disposition of real estate But beside this
primary and only constitutional of the term, has
CURED another in peculiar vocabulary and has by
practice to indicate political community with tempora-
y organized government established by Congress- extend
ing given district included any of the States
and with eventual right of admission into the Union
The questions touching the former kind of erritoy
late regulation and disposition property, and
conhded the discretion of Congress Those, touching
the latter embrace all the of civil and
OF human liberty and eonhded the people themselves
for their solution subject only the control Of the
tuition and to such supervisory authority of the general
legislature arises out OF the necessity of the circumstances
and to no more
teitoryn Of the United States, before such claim be
adjusted be ascerained whether it is the public do
which is sought be taken possession of and enjoyed
by purchnser settler, whether political
munly of which citizen Of the United States desires
become member, with all the privileges and immun
which eonstitutoneIly belong that condition for
the principles that regulate the decision widely differ
The public domain the land territory, well
in States in the political Territories and the power Of
Congress to regulate and dispose Of not at all affected
by the admission Of State into the Union II is the
same the last letter. Ohio that is in Oregon IL does
touch in either any question Of political Jurisdiction
but simply an authority to protect and hold and dispose
Of the property Of the United States the discretion
Congress. Nor is there single provision Of statute
upon this subject which every day applied when the
case arises wherever there an acre Of The public domain
remaining, whether State Territory. On the other
hand If the claimant seeks TO become citizen Of Of
those political territorial communiuesand many Of the ~
before their admission the Union Louisiana Florida
Missouri Tennessee, Ohio and ohers, contained extensive
districts owned by the United States and which,
course not their land territoryn-we have then
presented the previous question: whether any man. citizen
aien has right 10 migrate to them and there reside
without being subject TO all the local laws which govern the
other inhabitants
IL obvious upon Of the preceding opin-
ions, that the constitutional claim s occupy the "ter
ritoryn land, public domain, il EQUALLY called
Of the United States and the injury they denounce is sxcu
sion from this common property.
The Nashville convention, for example, sayH that the
Terrtor the common properly ofhe United States
Nov, sir, ! suppose man IN this brad republic will
maintain that the people living IN Territory, the lands
belonging Them the property Of the general govern
ment or Of any other government under heaven, The
cizens their masters, under the constitution,
much the people OF State aud the property OF no
and the only property which the United States
possess is their public domain or other words the lands
which belong to them. And this precisely the view
taken by Mr. Calhoun when he said
ITO them their united character the Territories belong
expressly declared by the constitution. They are
their JOINT common owners, regarded az lsnd.n
And this ndscrimnae use Of tho words territory !" and
terntoriosn when speaking Of the public domain ia a
very common practice. Mr.. Vtnable said
Sir the constitution provides for territories a. property
and authorizes Congress dispose Of and make all necdu
rules for their regulation.
The foundation indeed Of the whole claim is that what
public domain acquired by the common government
belongs equally TO all the citizens Of the States and all OF
them have an equal nght, with all their property, s
enjoyment
such the general statement OF the principles involved
this controversy and is evident in The presentation OF
this claim, they have not undergone the analysis which is
necessary 10 satisfactory decision. You have excluded
US say many Of the southern statesmen from territory
acquired by the blood and treasure or the Union y
you have robbed US Of il" say Others less discree or
less forbcarng and go there say a consider
able portion OF them, far aware Of the opinions
Of the South. Bot citizen northern or southern ia pre
.pledf a. al