The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-01-29
CONGRESSIONAL.
DEFERRED DEBATE.
TUESDAY, JANUARY 81. 1852.

RAILROADS IN IOWA.


the pending question being the amendment offered by
Mr. UNDERWOOD 10 the amendment reported by the Com
miee on Public Lands 10 the bill granting the right OF
way and making grant OF land to the State of Iowa in
aid OF the construction OF certain railroads in said State
Mr. SUMNER said This bill is important by itself.
nasmuch as II promises 10 the building of rail-
road at large cost for long distance, through country
hicky settled, in remote corner of the land II is
more important still precedent for series OF similar
appropriations in other States Ia this discussion then
we have before US at The same time. the special interests
OF the State OF Iowa, lTaversed by this projected road,
aud also The great question OF the administration OF the
public lands
have inclination to go into these matters at length
even If were able but entertaining doubt 10 the
requirements OF policy and OF justice in the present case,
aud In all like cases, seeing my way clearly before me
by lights that cannot deceive, hope in few words 10
exhibit these requirements and to make this way mani
fest TO Others. And especially moved 10 do this by
the tone OF The remarks which we often hear out OF the
Senate and sometimes even here, begrudgng these ap
pfopIatlons and charging the particular States in which
they are made with undue absorption OF the property
know-that " the West stealing the public lands" and
the senator from Virginia, Mr. HuNTERl who expresses
himself with frankness and moderation OF manner
worthy OF regard in disc ussng this very dis
tncty said that "we are sqlanderng away the public
ands and he complained that by such appropriations the
distribution partial " because very large amounts Of
land are distributed to those States in which they lie,
while nothing is given the old Staes." And the
ator from Kentucky, lMr UNpERwoop,l taking up this
expression on The alleged Partially OF the distribution
Now know full we'll that the States in which these
lands lie need defender like myself But, as senator
for the old States desire thus early to declare dis
tncty my dissent from these views and the reasons
therefor Beyond general concern that the public lands,
OF which the Union is now the almoner, the custodian,
and proprietor should be administered freely generously
bountfully, in such wise most TO promote their settle
ment, and TO build upon them towns ctes and States,
the nurseries OF future empire-beyond this concern
which leads to adopt gladly the proposition in favor of
actual settlers, OF the senator from Wisconsin, Mr.
WAiKERl find clear and special reason for supporting
the measure now before the Senate in undeniable rule
lie
Let speak, then, for Justice 10 the land States And
in doing SO wish to present an important, and as it
seems 10 me, decisive consdera,ion-whch has not
been adduced thus far in this debate do know
that i has been presented in any prior discussion
founded on ne exemption Jtom iaration enjoyed BY Tie
able puLue Of his franchise The subject naturally pre-.
SCENTS itself under Two heads First, the origin nature,
and of this franchises and secondly It's value after
deducng hereion all reservations and grants 10 the
several States.
l. And now, in the first place. as to the origin nature.
and extent OF the immunity enjoyed by The national do
main in the several States
The United States the ropetos of large tracts OF
country within the municipal and legislative jurisdiction
OF States and Territories These lands held d.
recty by virtue OF any original prerogatiye eminent
domain by any right OF conquest, occupancy. dscov
cry, but under OF cession from the old States in
which the lands situated, and from foreign coun-
tries recognised and confirmed in the various acts by
which The Territories and States have been constituted
The words finally determining This relation found in
the ordinance OF 1857. They follow "Tbe legs.
Iatures OF these districts new States shall inter-
iee with the primary disposal q as o BY the United
Congress may find necessary Tor securing the title in such
soil TO bona fde purchasers" This provision has been
Incorporated article of compact, the subseq uent
acts under which the States have taken their place
in the Union Ii is the 'primary disposal of the SOIL
without any incident OF sovereignty, which is here
cured.
Regarding the United States then, as simple proprie-
tors OF these lands under the jurisdiction of the States
thew would be table, according TO the discretion OF the
TO the burdens Of Other R.eGSSsh bssn con-
aIau In ord. If 1917
that mo tax shall be imposed land the property OF The
United States " and this provision like that already mem
TONED, is imboded in succeeding acts of Congress. by
which Territories and States have been constituted
From the principles recognised by the Supreme Court 4,
reasonable 10 infer that, without such express exemp-
ton, this whole amount OF territory would be within ibe
field of local taxa lion, LIABLE like the lands Of other pro.
prietors to all customary burdens and incidents The
court have said
Taxation is sacred right, essential to the existence OF
legislation is with the Incident to aitach il
upon all persons and properly within the jurisdiction of
r.. an. ~ y s"'
And again, the court say in another case /:
However absolute the right of individual may be- It
Of the public burdens, and that be determined
by the legislature "-Propidenee Bank Pdtntan Peters
And in the the court, after declaring that
the taxing power is OF vital importance, that ii is
ua 10 The existence OF government that the renqush
ment OF such power never TO be assumed add eau
uousy, that they will not say :" that State may no,
relnqush utai consideration sufficiently valudb 10
induce partial release of IL may NOT eristn
While thus UNFOLDING the right of taxation as one OF
Inc precious attributes OF sovereignty in the States the
court under The constitution of the United States have
properly exempted from taxation the instruments and
means OF the governments but they have limited the ex
empton to these instruments and means Thus il has
been expressly decided in celebrated case (McCuloch
o Maryland, Wheaton, 3l6) that while the Bank of the
United Slaies, being one OF the necessary and
means 10 execute the sovereign powers OF the nation was
not liable to taxation, yet the real property OF the bank
was thus liable 10 common with the other real property
in a particular State
Now, The lands held by the United States do not be-
long TO the instruments and means necessary and proper
TO execute the sovereign powers Of the nation They
are strictly IN the nature oil private property OF the
emphng them from taxation fathers acted uDquestion-
ably according to The suggestions OF prudence but also
der the influence OF precedent, derived al that time from the
prerogaves OF the British Crown II was early royal
preogatve, transmitted from eudal days, when ali taxes
were in the nature OF aids and subsidies the monarch
that the property OF the Crown OF every nature should
be exempt from taxation But mark the change This
ancient ieudal principle The existing law Of
England BY the statute of 80 and 40 George Ill cap
49, passed twelve years after the ordinance OF 1857 the
lands and tenemests purchased by the Crown out OF the
pvy purse or other moneys not appropriated to any pub
lie service, which TO the King from his ancestors
private persons-n other words the lands add tene
menis in the nature of private propryare subjected 10
TAXATION even while they belong to The Crown.
Thus the matter now stands Lands belonging 10 The
nation, Which, il seems royal prerogalive at this
day, in England. cannot save from axaioD In our
country under express provisions OF compact early essb
lsbed without any consideration therefor, exempted from
this burden Now, sir, make no complaint OF this;
10 moi oh Rut do