The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-05
CITY OF WASHINGTON, FRIDAY MORNING, MARCH s. 1852

ritory and property I; would be going still further
II would be to tolerate in a single State power to
dvest the whole of the States, united under the
stuton nation, of the territory and property
qured by conquest treaty from foreign nations. and
held for the of the whole Territories thus ac-
quired, in my opnioA, obtained for national pur-
poses and State in any respect medde with or
tax them or any part of them without the consent of
Congress To allow II would be granting the power
TO State to defeat the national objects which led TO
the acquisition OF the territory admit that is the duty
OF this government 10 open It's vacant territories to settle
ment and Improvement by civilized men and with that
view, il should sell the lands. admit also that it is the
duty OF this government to~form new States out OF its
territories and TO bring them into the Union But deny
that the people thus formed into political body upon
any principle OF law equity, they formed
lands the property of the United Slaesnot yet dis
posed Of This government, under the constitution, has
the right TO sell at such times, and in such manner in IFS
Judgment will best promote the ends for which the terri
tory was acquired; and TO allow itself to be FASTENED in
It's operations IN order 10 escape system OF State
iaxaon would be 10 concede The power TO single Stale
to CONTROL through State Legislation, national policy
in respect 10 the public lands If State government
righttuy public lands may not a territorial gov
eminent do the thing Where is the difference in
principle in regard TO the power OF taxation
In the case of Johnson's Lessee us. Mcintosh, the
Supreme Court Of the United States consider tue manner
in which the different European nations acquired title to
the territory occupied by the Indian tribes;
"Discovery" says the court, constitutes the original
title the lands the American continent, between
the different European nations The Europeans respected
the right the natives as occupants bn asserted the
ultimate dominion TO be in themselves" @c "By
The treaty between Great Britain and the United states
ment and the right Of soil, which had been previously in
Great Britain, passed definitely 10 the United States"
Since the adoption of the federal constitution, the States
rights as occupants Of the land This government, alone
can do it. Almost the whole of the country which is
now under consideration, and out OF which the
twelve States have been formed, but the other
dav in he nos nf fha nd Ia he
decision of the Supreme Court neither States ind-
viduas could acquire title from the Indians, and thus
defeat the ultimate dominion which rests with the United
States.
What right or power has State-California for in
stance-o the land while il remains Indian territory
Can State invade the possessions OF the Indians, and
little piece here, and little piece there and
as claimant OF the ultimate dominion make valid sale
of Indian homes, because they will not pay axes' The
practice OF the government under the constitution, for
than hall century, the question: Ii there
is anything this Slate taxation idea OF the gentleman
from Massachusetts, mr. SUMNER the States may tax
Indian lands Georgia undertook to divide and parcel out
the Indian country within her limits, but not to tax it
while the Indians held il.
Mr.. SUMNER | would like to ask the honorable
senator from Kentucky whether the law admitting Cal
forna does contain express clause exempng the
lands from taxation
Mr.. UNDERWOOD Yes sir
Mr. SUMNER Then it stands on a compact between
that State and the general government
Mr. UNDERWOOD. ] answer that the insertion OF
such clause was only precautionary and cumulative
the WheH Inc STATES northwest oil Inc
Ohio admitted Ii only done under an abund-
ance OF caution, and mol because it absolutely
cessary. That is the answer 10 that question, have
looked at il upon every side will now put the case
again, because there is answering it il is utterly i'm
possible.
The country out OF which the new States have been
formed was but the other day covered by Indians and
their claims Now, under the doctrine advanced by the
gentleman from Massachusetts you can the whole OF
and If nobody will pay the taxes you can sell the
land Ii the States possess that degree OF sovereignty
which with il the ultimate dominion then there
pausiby in the idea because, by the decision OF the
Supreme Court 10 which have referred, is laid down
that the Indian title does not prevent the sovereign,
titled TO the ultimate dominion, from disposing Of the
land subject TO the Indian right OF occupancy. This
right then, to dispose OF the soil occupied by Indians did
before The adoption OF the federal constitution, abide in
the States within whose chartered limits there were In
dian tribes This right was exercised by Virginia, and
probably by other States in many cases; but since the
adoption OF the federal constitution this right OF the States
has ceased. Ii is with the national government
clusivey, with il and the States concurently ln
whom does 1t exist By the federal constitution Con-
gess alone has the power 10 regulate commerce and IN
tercourse with the Indian tribes, and 10 make contracts
and treaties purchasing their titles In these respects the
States have nothing 10 do with The Indians or their ter
rltory Ii follows, irresistible conclusion, even ii
it not fortified by the OF Johnsons lessee
Mcintosh, that the ultimate dominion IS with the United
States The States cannot, therefore, during the exist
o the Indian title, touch an acre OF Indian land, nor
tax a foot OF II, nor enter upon 1T.
When that is the condition of the soil prior TO the
sion the part OF the Indians, by what species of
lands 10 the United States, prove that has lost its orr
gina character and become now, in the hands OF the
government property which is subject 10 be taxed The
speech furnishes answer 10 the question: and seems
have contemplated this subject in this aspect at all
should like to have some come forward with sufi
cient ingenuity to make even plausible argument to
prove that Indians and the United States occupy very
different positions in reference 10 the power OF taxation
which the States may exercise Ii IL PLAIN case that
such an attempt would be vain This government
quires the land after ektngushng the Indian title, and
holds it in the place OF the Indians the acquisition is
made under the provisions OF the constitution OF the
United States for high national purposes This govern
men therefore, 10 accomplish the ends for which the
acquisitions made must hold the property and dis.
pose OF il independent oil all State legislation control
The States therefore cannot interfere by taxaton until
the lands acquired have lost their national character and
become individual property
But the gentleman from Massachusetts,, in his speech,
goes into the consideration OF the general question OF tax
ing the property OF sovereigns Now, what Is the doc.
trne upon that subjects Ii is just plain, sensible,
and unconradieofy anything can be. Property held
by nation a State for national or State purposes,
never be taxed by the nation State which IT, The
thing is impossible. 1t is like saying, am enriched,
my means increased, by taking money out OF
pocket and putting IL into the other" II nation pays
itself out OF lis money, IL Is nothing; gets
than il had before IL does not increase the pecuniay
means OF the nation one cent nation may sell and
convert ts property into money, but that Is not taxation
tax allows the property remain with the owner and
only compes him 10 contribute money Tor the support OF
the government and which the government had not, until
the tax or contribution was paid Ii s clear as that
two and two make four that IL is impossible for State or
nation to raise revenues by taxing lis own property
Mr.. SUMNER. That is clear. But the question is,
whether State, without compact, can touch the prop
erty OF the United States
Mr. UNDERWOOD | will answer that soon.
wish show first thai the thing suggested in the gen.