The miners' express. (Dubuque, Iowa) 1849-1854, 1852-03-03
MR.. SUMMERS SPEECH ON THE IOWA
LAND BILL. ss

tMR. SUMMERS SPEECH ON THE low
LAND BILL
In the Senate, JAN 81, 1852 The Sena,
having under consideration the special order, be
ing the unfinished business Of the preceding day
the pending question being on the amendmer
offered by Mr.. Underwood TO the amendmen
reported by the Committee on Public Lands I
the "hill granting the right Of way and maxim!
grant Of land to the State OF Iowa, in aid IF tn
construction Of certain railroads in said State
Mr. SUMNER said-This bill is important BY
itself, nasmuch as it promises to secure the bull
ding of a railroad at large cost, for long dis
lance, through country not thickly settled, IN
a remote corner of the land. 1t is more impor
tant stili as precedent for a series OF similar
appropriations in other States In this q sous
sion, then, we have before US, at the same time
the special interests of the State of Iowa, trav
ersed by this projected road, and also the great
question Of the administration of the public
lands
have no inclination to 60 into these matters
at length, even if were able; but entertaining
no doubt ms to the requirements of policy and
| of Justice in the present case, and in all like ca
. $, seeing my way clearly b fore me by lights
that cannot deceive, hope in few words to
exhibit hese requirements and t. make this way
m 'niest to others. And am especially NOV. d
| to do this by the tone of remarks which we OF.
ten hear out of the Senate, and sometimes even
here, begrudging these appropriations, and char
| ging the particular States in which they are
made with an undue absorption of the property
| of the Union. 1t is sometimes said-nnt in this
body, know-,hat t.the West is stealing the
public lands;' ard the Senator from Virginia,
| (.Hr. Hnnter,) who expresses himself with a
| frankness and moderation of manner worthy
Of regard, in discussing this very measure, dis
! tincty said that eve are squandering away the
public lands;" and he complained that such ap.
preparations were partial, "becaus;. verv large
| amounts of land are distributed to those States
in which, they lie, while nothing is givrn tc TIE
old States" And the Senator from Kentucky,
(Mr Underwood,) taking up this strain, has
dwelt at great length, and in every variety Of
expression, on the alleged pnrtiality of the dis
tributon.
Now, know full well that the States in which
these lands lie need no defender like myself
But, as Senator from one of The old States, l
desire thus early to declare distinctly my dsse Mt
from these views, and the reasons therefor
Beyond general concern, that the public lands,
of which the Union is no,- the almoner, the
custodian and proprietor, should be administered
freely, generously, bountifully, in such wise as
most to promote their settlement, and to build
upon them towns, cities, and States, the nurse
ries Of future empire-bryo nd this concern which
leads me to adopt gladly the proposition, in ia
vOr of actual settlers, of the Senator from Wis
consin, (.Hr. Walker,) find a clear and special
reason for supporting the measure now before
the Senate, in undeniable rule of justice to
the States in which the lands lie.
Let me speak, then, for justice 10 the land
States. And in doing l wish to present
important, and, as it seems to me, decisive con-
sideration-which has not been adduced thus far
in this debate, ner do know that it has been
presented in any prior discuss,n-founded on
the exemption from taration enjoycd by the Ma
tionai lands In the several States, and the I'm.
questionable raiue Of this franchise. The SUBJ
ject naturally presents itself under two heads:
First, the origin and nature of this franchise;
and, secondly, its extent and value, after deduct
ing therefrom all reservations and grants to the
several States.
!. And now in the first place, as to the origin
and nature of the immunity enjoyed by the ma
tional domain in the several States.
The United States are the proprietors of large
tracts of country within the municipal and legis-
lative jurisdiction Of States ofthe Union. These
lands not held directly by virtue Of any orr
gna prerogative or eminent domain, by any
right of conquest, occupancy, or discovery, but
under acts IF cesson from the old States, in
which the lands were situated, and from foreign
countries, recognized and confirm.d in the va
rious acts by which the different States have
been constituted. The words determining this
relation found in the Ordinance Of l7c7-.l
They are as follow: 1.-The Legislatures of these
districts or new States shall never Interfere with
the primary disposal OF the soil by the United
States in Congress assembled, nor with any reg
ulations Congress may find necessary for secur-
ing the title in such soil to bona tide purchasers
This provision has been incorporated, as an ar
ticle of compact, in the subsequent acts under
which the new States have taken their place in
the Uaion. 1t is the "primary disposal Of the
soil, without any incident of sovereignty, which
Is here secured
Regarding the United States, then, as simple
proprietors of these lands, under the jurisdiction
Of the States, would they not be liable, accord
ing the discretion of the States to the burdens
of other proprietors, unless especially exempted
therefrom? This exemption has been conce-
ded. In the Ordinance of 1877, il is expressly
declared that "no tax shall be imposed on land
the property of the United States" and 'hls pro.
vision, like that already mentioned, is embodied
in succeeding acts OF Congress by which new
States have been constituted. The fact that it
was formally conceded and has been thus imbo-
died seems to denote that such concession was
regarded as necessary to secure the desired i'm
munity. Indeed, from the principles recognized
in our Jurisprudence, and particularly by the
Supreme Court, it is reasonable to infer that,
without such express exemption, this whole
amount of territory would be within the field of
local taxation. liable, like the lands of other pro-
prietors, TO all customary burdens and incidents.
Thus, in an early case in Pennsylvania, It was
decided that the purchase of land by the United
States would not alone be sufficient to vest them
with the lursdiciion TO Dust that OF the State,
without being accompanied or followed with the
of the Legislature of the State. (See |
Of Pennsylyania VS.. Young,
Kent's Comm, 43l) And it has been judicial
y declared by the late Mr.. Justice Woodbury.,
n a well-considered case:
"Where the United States own land situated |
vi hin the limits Of particular States, and over
which they have no cession Of jurisdiction, for |
objects either special or general, little doubt
Exists that the rights and remedies in relation
o 1t arc usually such as apply to other land
to,ders nithin the State -
After setting forth certain rights OF the Unit
ID States, the learned Judge proceeds:
ssAll these rights exist in the United States
or constitutional purposes, and without spe-
:ial cession of jurisdiction though it is admit
ed that the powers over the property and per-
IONS on such lands will, OF course, remain in
he States till shch cesson is made. Nothing |
1asses without such cesson, except what Is |
in incident to the title and purposes OF the
Governme mt. limited States rs fines,
Woodburyand .Minot X IS.
The Supreme Court have given great emin.
.nce to the sovereign right Of taxation in the
States. They have said:
"Taxation is sacred right, essential to the
existence Of Government-an incident Of SOW |
.reignty The right Of legislation is coexten
i've with the incident, t. attach it upon all per-
IONS and property within the jurisdiction OF
State ''-Dobb,ns rs. Commissioners Of Eric
Co., Is Peters r., 447.
And again, the Court say in another case:
sHowever absolute the right Of an lndividuas
nay be, it is still in the nature Of that right that
{ must bear portion of the public burdens,and
mat portion must be determined by the Le.is-
aiure. '-Proridence Bank rs. P.ttman, Peters
r., 5l4
And in the same case the Court, after declar-
ing 'slhat the taxing power IS Of vital inpor
lance, that it is essential to the existence Of
that the REIMBURSEMENT OF such
power is never to be assumed" add, cautious
~, that they will not say ssthat State may no,
relinnuish it-fhnf n c0n ciderafs0n SuHfcienfIU