The weekly Placer herald., 1854-07-08


force of this doctrine; but on the other
hand ts exercise has fallen into disuse,
and is virtually surrendered as inexpedi-
ent if not unconstitutional. Congress
therefore cannot, without its consent, un-
dertake to construct a road within the
limits of State of this Union, without
an infringement Of its sovereignty. Nor
could any project Of this kind be under
taken without the resistance of large,
powerful and patriotic party, who believe
State has no constitutional power to
give such assent, saying nothing of the
views of the Chief Magistrate who holds
the veto power, which would not be like
Iy to slumber in his hands, should en-
croachment be threatened from any quar-
ter upon the sovereignty of the States.
1t is becoming a well settled policy,
however, to donate lands to the new
States to aid in the construction of rail
roads, and has been adopted 10y those
States with such extraordinary unanimity,
sanctioned by the highest States Rights
authority, that the proprety of such laws
are now established by the force Of reason
and authority not easily to be set aside.
What were granted to and accepted as
munifcent concessions by the States Of
Illinois, Missouri, Arkansas, Alabama and
Mississippi, will California reject when
rendered to her?
The public are assured, however, by
the villifers of this policy, that the bills
before Congress propose to give the lands
to spectators and monopoIists! There
is not the sembIance Of truth in the state
ment. 1t is falsehood with circumstance,
and so deliberate and uneqhivocaI, that its
authors have not even the poor subterfuge
of ignorance to skulk under. The Ian
guage of the bill is unqualified and pointed
1t comedies the alternate sections to the
State of California, and no one else, and
leaving her to do the work or have it
done upon such terms as the Represen-
tatives Of the people in her Legislature
shall by law prescribe. The lands cannot
go into the hands Of monopolists and
SPECTATORS, unless the Legislature fails in
its duty to the people. That body can
transfer these lands to companies with
such restrictions as will make it impossi-
BILE to monopolise them, or speculate on
the people. 1t can limit the price of the
lands to one dollar and twenty five cents,
one dollar, fifty, twenty five, or even ten
will I've realized from these prices will be
needed to aid the companies to complete
the roads. 1t can limit the quantity or
quarter section to each purchaser, requir-
ing him to live upon and cultivate the
land, and many other regulations and re-
strictons that would destroy monopoly
and speculation And who distrusts the
Legislature? Those who have as yet
failed to control it through corrupt means
to enable them to consummate f1agrant
fraud upon the rights of the people, in
disregard to the popular will How long
graceless libellers will he suffered by our
citizens to disgrace the State of their
adoption, by declaring that the Represen-
tatives of the people in the General As
sembIy of the State will turn monopolists
and public plunderers, remains to he seen.
But it is further alleged that the pur-
poses Of the bills in this concession to the
State is to embrace the mineral lands. -
This allegation is equally destitute Of any
foundation in fact. No such purposes
were ever entertained by me, or has been
by any of the delegation from California,
or by any member, to my knowledge, Of
either Houses of Congress. For my own
part, was against the sale or disposal
of these lands before Congress passed
any law whatever respecting the disposal
of the Government lands in our State,
and have been to this hour as shall now
show
On the 9Th of February, 1851, when
the Senate had under consideration the
bill for the settlement of private land
claims in California, declared from my
place in that body, that ] was ''agalnst
any legislation on this subject in this bill"
and repeat. that when the gold mines are
to he disposed of, want them to go di-
rectly to the people upon some fair plan,
by which the Government will vIndicate
it's Justice to its citizens who are engaged
in the artuous and precarious business of
exploring the mines of the country and
developing it's mineral wealth (See p 9S,
pamphlet edition Of DR.. Gwin's Speeches
on the Land System in Calfornia.)
In his report OF the S0th September,
1851, as communicated to Congress, the
Surveyor General Of California stated
that ssnot knowing what plan is intended
to be pursued in relation to the mineral
lands in this State, it is Impossible to make
out the estimates Of the expenses OF the
surveying department with that degree
of accuracy which is desirable, AS upon
the course which will be adopted much
will eventually depend
"Under any plan which may be decided
upon in reference to the mineral region it
is believed that the surveys should be so