The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-03-01
! any increase Of the price under any strsur

which ccmmssd themselves TO universal ascent But
under the same circumstance: not under al sirsa@
stances citizen Of south Carolina aid eitiseo q
have equal claims 70 migrate % Any por
non OF the public "terrftory, upon equal oendttonf
ono cannot BE- excluded he belongs to Sta
nor the other admitted because he belongs another
saousS II si sD ' shs sss
me inter sours hstsssn the dinsrest 5atsathaS thu
ss.. .S q zach s.ts :hsn b entitled to an the l
lass IuI. Of sstion Fer 4 must Ss rs;,sstsa hal
from the eonfusio. inssp.rsSls iron d spShsatot
Of the same word TO very different purpcsss ~ vor
to the property Of the United States Snd osvocsiy
th.i. landed progsry Ths ssrsi.e :.d other proper
d ssa ess e:
said thst the term 'srritory hero 6ssd u merely
descriptive Of kind Of property, and d squivaIsat
grant whatever Of political jurisdiction. The power con
ferred 10 that OF land owner for the proper manage
ment and disposition Of Wat real sstats Bat besids
1t has acquired another In our peculiar voeabuAry,
has CONS by practice TO iaioate political community
BY Congress- sItsniing oTer given dstrs not ineiuds
In any OF the states and With IN eventual right Of ID
mission into the Onion The questions touching the tss
postS M property, and oon6dsd to tbs dismstio
Of Congress- Those toushng the lsttsr embrace al til
oonadsd the people themselves for their soatoa
subject only to ths control Of the Constitution 70 sus
supervisory authority OF tbs legsature Atiss
OUT OF the necessity Of the oirouu and
When thsIsors there IL slim OF right to enter ths
teritoy Of the United states before such slaiu oal
lilo doin which is sought 70 be taken posssssios Of AMI
enjoyed by purchaser settler Or whether it il DO
is.i ss%nuny Of which citizen q the gasd state
immunities which cons tutonAIy belong TO that oon
tos; for tbs principles that regulate the dsoison ar
VIC ely DIN rent The public domain the Ian 1 Utsrr
tory" exists we'll in the States Is IN the political Ter
rtores and he power Of Copgrss ito regulate and dt
into the Union 1t the same to the last lster i,
Ohio IS Is in Oregon 1t does OF touch IN ethsr oe
any question OF political Jurisdiction; bat simply 81
authority to protect and hsid, and dispose Of the pro
perry OF the United States Al the discretion Of Congress
Nor is there single provision Of statute upon thi
there - hs pubic do sns -,
mainirg, whether In State or Territory.
On the other hand, II the claimant seek to become
citizen OF ono OF those political Territorial communities
and many Of them before their admission into the Union
- Louisiana. Florida, Missouri, Tennessee Ohio ant
Gsnsss contained extensive districts never owned y II.
tefritcryws have then presented the previous quss
ticn whether any man. citizen or alisn, has right
to all the local laws which govern the other
~ obvious, upon any examination Of the prscsdlue
sr,or1 o. .ns 81 nuSn do Ca g oceu s
called, of the United STATES; and the Injury tAeJ
dsnounce, y exclusion from this common property
Territories the " common properly Of the Unisl
pablo ss u: n.st.i. nat tie people Ayas e Isnito
vsn The citizens the own Masters under the con
property Of man. And the only common properly
whiah the Uotsd 6tstes possss is their public domain
tbs Was precisely the view taken By NJ oGhoua vSss
he sad"To them, In their united eharactsr the Terri
tories long, - expressly declared BY the eoasuoa
And this indisoiminAts Of the words srYitory Ana
Isr na when spsaking 9, the pubic d:nan q
Constitution provides for Territories q properly and au
thorse, ConsIess to dispose OF and make al rass
for their regulation" -
Tho foundation, indeed, OF the whols claim IT, that
vernment belongs equally to AL the citizens Of the snt
and all Of them have equal right with an their pso.
Such the general statement Of the principles involved
IN this eontrcvery; snd IL apparent that h the pre-
ssntation Of this claim. thsy have not undsgS,as ~
You have excluded say many Of tbs Southern states.
msn from territory qairrd ~ Che blood aud
ray others j. eisors.t or sss orSssrisE spd ~ osu
a. / an avns Of the opinions Of the south. Bat
purchasisg any part Of the public domain opsn for
sale, wherever It BE- tituated. All frsa, alike, to
J: Of q
the applicant whence he came, how he intends
icy the propsrty They receive the purchase money, "a
aud there ths sssa. with the Unitsd states
But then the Political part regulated by the
local lave, which prescribe the oosoion. e whtss every
= sds his purchase The tsxs hs Ahan pay; somstimes
the lahore be shA employ far to exclude oolore
PERSONS perhaps the number Of hours they shall work.
the age when his apprentices aha Aaish their OF
service and whether aavery shall b allowed there and
many other matters Of ntsiaa rsgusssn are pssserosd
ps Now right to settle upon the tsritory q public
land OF the United States TO osy there any species
tsducbs from the principles Of the ooastitution and
because without the Southern States would b sxea led
nom common n equal enjoyment OF the tsrrtory q
the Union declared in the protest. presented By many
Of the Southern Senators against the admission OF Cali
fornia why 10 It that this right uitsd to tbs political
perty or domain why dsss il essss on he
Of stats government and how the latter control OF
restrain privilege held u.de. the gsserai eo.sttucni
secured by that Instrument upon the principles OF
just equality; and ell knos that In II u the express
that the laws and constitution Of the several States
VOID when repugnant to It How hsppens then, that
the right to tsks slaves from Southern STATE 70 the
public domain 10 essential to that free and equal esjoy-
snt Of II which the oonstuou secures 70 the whole
Union how hsppsns It, repeat, that this right does ros
rsssss,s u: sssgy wnsrsvss sucn cS~ - sss t a
II ia AL disposed Off The fact the general position
involved In uextrcabs difficulties Before the settler has
made purchase and shils he La intruder, he hhvs
ing upon the pubie domain and protected in tho son
sttu lonsl rights which belong that condition. what
~ sse Is be acquires legal atss 70 osssp, his set
b. purchasing it then ssoa tract to make p.rt q
the public domain, and passes into ths oAta9ory Of pr
vats property With all the incidents Belonging TO II
sgrseaby 70. the hw Of the place, unlss indeed Il
e saved from sush fats ~ some peculiar privilegs
That privilege cannot be founded upon the assumption
that just equality secures the enjoyment OF the pubne
domain to alt II can only equality Of purchAse
for have seem th very Aot lakes from the a<
which the object Of IL its character ~ part OF sseh
domain; and the laws OF tbs Omitted States rsspsct.s
thu public land, wherever 1t may be- inst atty cease To
operate upon It, It 10 not therefore, the right to enjoy
ths public domain but the right to sDoy rropery
ed thererons which the claim advAnoed, acd 70 hold
thereon any species Of property osnstituoas inc
Gel to tho right Of purchase oh, 1t 10 Alleged woun
be unequal without it. The oposiHsn Is taAs the pueAo
domain belongs equally 20 all because acquired By On,
and that therefore, all have equal constitutional rights
TO settle upop II with s their property California asd
New Mexico ALIKE withis the terms Of this postuss
both With respect to acquisition and 10 B,th we.s
acquired BY tbs blood snd treasure Of tbs vniS
Unis AND the errsory eta Unltsd Stasss ia both.
equally belongs 10 the wsols Unon H. the prioople,
therefore,, Of jsAt eonstitu cual equality. citizen OF
any OF tbs States has right to ny hiz property
to the ',ssritory"in the latter, Why not In
the former unlse you asure that the oonsitutioa q