The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-03

1919 and 1920 drew the attention Of the public mlnq
his subject and since that period believe lhsis nas
been but one State admitted IN which Congress ga
the Initiative II seems now 10 be Recognised 'uas
people may exercise the right Of forming y im;,sd
Tor themselves and that the power OF s ileu
10 The consideration OF the questions whether uey nave
the necessary popu aon and suitable eAent ol 'ei'to
yh ana IL .ss moi 40 n The care OF Missouri or ioui
ana or o any OF the States admitted prior 70 'he year
is21 In The act PgIpoisns - ne
soyernment il was only required that II should be
republican in FORM but thai II should contain certain spe-
fc provisions for the protection OF civil and religious
liberty and should provide that their laws should be pub
shed The proceedings OF their conducted and their
records ksi IN the English language And you will well
recoeci Mr. President, the conditions IN the case oil the
State OF Missouri ln the first place, she was refused
The privilege of forming her own eonsIu,ion-,n one
house at least unless she would agree 10 regulate her
institutions abolish slavery and eventually the peo
pie allowed exercise ther rights only upon the
condition that the States OF The South would surrender
all the territory acquired BY the Louisiana treaty. except
the State OF Arkansas and the district oil country
Immediately west of il. which has since been appropria
Jed to The use Of The Indians DO no, stand here 10 com
of the great beray which has been extended towards
the Territories and new States choose TO recall TO their
recollection the facts, and ask whether in The OF
louisiana in that of Missouri there moi an open
niracoa OF the treaty OF Louisiana, as well as viola
ton OF the fundamental principles upon which THIS gov
The appropriations for the support OF the governments
established by Congress over The Territories have been
referred among bestowed the people
oil the new States. One or two senators have made large
estimates OF the expenditures incurred IN the adminsra-
non OF these governments and propose 10 charge them
against the new States. But the condition OF the Terri
tories has been misunderstood, and the appropriations
much overslated Sir, the governments The crea
OF Congress Governors. Judges and secretaries to
administer them were appointed by the United States
their salaries paid out oil the national treasury but
IN OF The twelve not cent was ever appropriated To-
wards the other necessary expenses, except by accident
il seems. The appropriation Tor the Territory Of Or
leans in 1908 includes the pay OF the legislative council
and in 1915 there was appropriated IN Illinois, think,
Sl,l7o for the publication OF the laws.
From the commencement down to 1928 (except in the
two instances have named there never was an appro
pration Tor the Territories for the payment oil the
penses OF the legislature, the publication OF the laws,
building their State houses their prisons; but change
over the legislation OF Congress about period
1t then felt that il you established government
without asking the consent OF the people, you ought al
least TO pay the expense OF that government and greater
tories since that time But il is not 10 be charged
favor; it was but The fulfnent of an obligation which
had before been disregarded
The Territories denied the power OF taxing the
public lands; there but little real in any of
them owned by individuals; seven OF the twelve were
required pay all the expenses OF government except the
salaries Of the officers appointed by the United States.
and were Obliged TO impose heavy taxes ON the little
properly and the industry Of The pioneer settlers. Az
were denied the right OF self government The people
were prepared TO submit to almost any terms to escape
from system which had been forced upon them in or
der thai they might to extent al least enjoy their
nhererNright to govern themselves.
When they made application (as was formerly the
prachce Tor PERMISSION 10 organize State government,
they were told. You may form constitution, provided
1t shall be republican in form but you shall not be ad-
nit,ed into The Union with the same rights OF
eighty, freedom and independence the other Sates
according to the terms of the resolution of $780, and in
tended by the constitution, but you shall into the
Union. You come at all. with manaces on You shall
surrender all claim to the unappropraed lands and the
property OF the United States shall be forever exempt
from taxation
The honorable senator from Kentucky appears 10 be OF
opinion that those exacons were OF no consequence and
contends that the lands would have remained the prop.
erty OF the United States exempt from taxation without
any stipulation or compact whatever Why, then ask
this solemn trifng Why make the exactons if wholly
unnecessary But the Congress OF the confederation
could not have entertained the opinion expressed by the
and Congress since has yenured (wha,eveI may have
been the opinion Of individual members) to take the risk
OF leaving the question open 10 Judicial decision. In all
the acts authorizing the formation oil State governments
the same conditions have been imposed.
nave os'9e Il son Ssi sye ehaS1mi
the terms in substance exaced from all the States.
10 several OF them the REIMBURSEMENT OF title IS expressed
IN these words:
'They shall never interfere with the primary disposal oil
the SOIL with any regulation that Cong may lind
necessary 70. securing the ue IN 'ad soil TO the bona fde
In The act providing for the Formation Of State gov
eminent in Louisiana, they give an Interpretation oil that
language:
''The convention provide by ordinance irrevocable
without the Of the United States that the people
claim all right title the unapproprised land,
and entire disposition OF tho United States"
believe the provision made in respect to
Mississippi and Alabama
say again. it, in the opinion OF Congress- IL would
not have followed il did in the old States
OF public law, in the absence of any stipulation 10 the
contrary that the States as sovereign would have acquired
the titles TO the lands, why this solemn trling often
repeated
The next condition precedent to The exercise OF the
night oil ssli-government IS, That no tax shall be i'm.
posed on lands the property OF the United States" AS
understand IT, every sovereign State has complete power
TO impose taxes upon all property within her own limits
though II may belong another Siaea power which is
subject to no limitation imposed by itself Therefore
in the absence OF stipulation 10 the contrary, lands
the property OF the United States, within the States
would have been subject to the taxing power of the
States in which they lie" These lands not among
the instruments OF government necessary the
execution OF a constitutional power and therefore are
not protected by the constitution
The honorable senator from Kentucky says there is a
distinction between lands acquired by the United States
IRON State-fron The Indians, from foreign nations
and those acquired from individuals the latter beng
able, the others not The compact does not make any
distinction IL includes all lands the property OF the United
States and protects all Congress did perceive the
distinction made by the senator They exacied the spu
lation TO exempt ALL because without all would have
been subject TO taxation.
Imay be permitted here TO ask the honorable senator IL
the United States hold these lands instrument OF
government and they not for that reason subject to
taxation, whether when Kentucky shall get the that
she asks by this amendment and shall select land in Mis-
ment OF her governmen-wheher will be allowed to
IN ttaNa Hal 20 th.r.