Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1858-05-15

Ibere is no mode BY which otate cover
ment can be rightfuily Instituted 10 Ierritor
except by the precedent assent Of Congress;
4 subsequent waiver Of objection.
As to the power Of Congress to admit ne
States, the Constitution says Congress " m'
admit " new States This implies diseTetio
not an arbitrary, but sound discretion Ihe
are five distinct grounds, as | conceive, upc
which Congress may decline to admit ne
States:
/ /. That the constitution is anti-republlca
or at war with the Federal Constitution.
2. That the boundaries are not satisfactorl
That the right Of the general gOverRmeI
to the public lands is disregsrded.
! 4. That the population is not Sufficient.
! 5. That the people Of the Territory are unf
| fer self-government.
Ia reference to the first ground Of rejection
suppose a State should insert a clause in be
constitution establishing titles Of nobility, o
/ prohibiting the rendition Of fugitive slaves
surely Congress might decline to admit her
Again: suppose, State should extend be
boundaries over an the Territories, or an undu
portion Of them could not Congress rejec
her application? Or suppose a State confis
Gates all the public lands within her bounda
ries shall she be admitted? Surely not be
cause TIE public lands belong to the States 70
their eommoR benefit. and Congress, as th
trustee for the States Of these lands, could not
without gross derelietion Of duty, abandon
them 10 the exorbitant demand Of an unseru
pulous State. Suppose i've hundred men apply
for admission as a State shall they be sd
mitted2 ,Ceftainly not. Suppose the peopl'
Of .Utah apply sfor ,admission is Congress
obliged to receive them T? think not and say
this not from their peculiar faith, but from
their gosernment being spiritual despotismi
which think units them for the proper ad-
Of h. NJ
meut.
So much on the principles Of constitutional
law applicable to the admission OF new States.
propose now to make a practical applics-
uon Of these principles TO the case Of Kan
sas.
/. Kansas is not a State out Of the Union,
but Territory, applying for admission as a
State, which NAV be 50 admitted BY the waiver
on the part of Congress Of all irregularities,
or which may be treated as Territory BY
Congress.
?. The population of Kansas being grossly
inadequate, in reference TO the standard Of
representation, not being over thirty-fve thou
sand, when it should be ninetY-three thou
sand four hundred and twenty, Kansas cannot
claim admission as right, though Congress
might waive the objection.
B. The Lecomption convention, in violation
OF every consideration Of right and usage, laid
claim, by the ordinance attached tn their COZ
stitution, to $40 100000 worth Of the public
land 10 Kansas, when, according to the liberal
grants heretofore made by Congress to the
new States, they were only entitled to 81 0OO,-
600 worth. II this claim had been made BY
Freesoil convention in Kansas, every fair mind
al the South would have reVolted at Il IS stu
paudOus snormity. Does the fact that the con-
ventiOn making it cslles itself pro-slavery, and
was presided over BY Calhoun, instead Of BY
Lane, render it less Objectionable | think
not. II the public domain in the Territories is
to be surrendered, / should, instead Of surren-
dering il to the unjust demands OF an inchOats
State, infinitely prefer to give it to the survivors
OF the brave men who, 10 the wars Of the Re
public, have defensed her rights upon the field
Of battle. This action Of the Lecompcon con-
gsnti0n has always been utterly repugnant to
ny sense Of what was expedient and Just.
Holding these views, / felt no difficulty in ae
,sding to the bill recommended by the com
nittee Of conference.
/ was willing ts waive all Irregularities and
admit Kansas into the Union, on the condition
precedent hat the people Of Kansas agree to
be customary and reasonable propositions
20 them by Congress in regard TO the
public lands. II Kansas were a State outside
# the Union, I would not consider it consistent
With the principlssof Of STATE rights for Congress
hus to appeal to a vote Of the people. We
ould then only refer this question to a eOnvsn-
ion ; bat Kansas still being a Territory, we
night refer this question to the people.
This is not the first time that Congress has
Irescribed conditions upon the admission of
lew States. 1t hss been done repeatedly.
oWa was admitted into the Union oF the ex-
.ress condition that she should not interfere
With the primary disposal Of the public lands,
or levy any tax on them whilst remaining the
of the Uaited States. In the case Of
ows the propositions Of Congress in reference
0 the public lands were required to be assented
o BY the people, in their township elections, or
y the Legislature in virtue Of the power con-
erred BY the constitutional convention. In the
sse OF Michigan, the assent OF Congress was
ven on the condition precedent that she should,
y convention, agree to certain boundaries.
n the case Of California. her admission was
oupled with the express condition that the peo-
lie Of said state, through their Legislature OF
iherwise, should never interfere with the pri-
nary disposal Of the public lands, aud should
. DO act whereby the title Of the United States
D., aHd right to dispose Of, the same should be
impaired or questioned. Il is worthy Of re-
lark. in this connection, that since the State
( California has been admitted, the Supreme
'Ourt of that State, In the case Of Hicks Ds.
sell, q California Reports, ZIG, 227, have de-
ided that the mines Of gold aud silver on the
ublic lands are ss much the property OF the
tate Of California, by virtue Of her sovereign
Y, as are similar mines on the lands of private
itiZens. The court in this case says:
81 In reference TO the ownership Of the pub
C lands, the United States only occupied the
osition Of any private proprietor, with the
reception Of an express exemption from State
sxation. The mines Of gold and silver on the
ublic lands are as much The property Of this
tate, By virtue of her sovereignty, as are silver
hines on the lands of private citizens. she
as, therefore, solely the right to authorize
hem to be worked TO pass laws for their Tegu-
atom, TO license miners, and 20 afiix such terms
nd conditions ss she may deem proper to the
reedom Of their use"
This decision deprives the General Govern
nent of almost all valuable interest in the pub
ic lands Of California, and shows the neees-
itv Of precise understanding Of the rights Of
be Federal Government in the public lands
githin the limits of a State applying for ad-
mission, and the propTiety Of such understand
NJ being sssented 10 by the new State as a
condition precedent to her admission. The
neglect of this proper precautiOn has opened
wide field for controversy between the State
If California and the Federal Government. in
which the Federal Government IS necessarily
o be wcrsted.
ALABAMA hab huulLAtL Autt tue GuApA pu
he condition Of receiving only "a certain por-
ion OF the public lands, not taxing the residue,
aud that the nsvigable waters in the State
should always remain public highways, free to
he citizens ef the United States, without tax
or toll.
The state Of Arkansas was admitted into
the UniOn on the express condition" that the
people Of said State should never interfere with
,he primary disposal of the public lands, nor
levy a tax upon the pablie lands.
The State Of Florida was admitted into the
Union " on the express condition" that she
should not interfere with the primary disposal
OF the public lands, nor levy any tax upon
Tie public lands.
The state Of Illinois was admitted also on
rendition Of not taxing the public lands until
five ears after they were sold.
Indiana was also admitted on certain condi-
tions 10 reference TO the public lands, one Of
which was nOH-tsXation Of them for i've years
after they were sold by the United States.
Louisiana was admitted on certain condi-
tions, among others that the Mississippi, and
tue naVigabie rigeTs and waters leadlng into
the same, and the Gulf Of Mexico should
be common highways, and free from taxes or
tolls.
Mississippi was admitted on condition Of re-
all claim to the public lands, ex-
empting them from taxations and that the nayi-
gable rivers should be public highways.
Missouri was admitted on condition Of nom
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