The daily union., 1854-07-26

erred Yesterday and which, is assumed, establishes The
principle that the lands of the United States may be ex
empted by the action of Congress from taxation in the
States where they situated should like to have that
point made clear The senator from Louisiana considers
that this exemption established by that decision
think certain that the court laid down such doctrine
Mr.. BENJAMIN. give that construction to the de-
cision.
Mr. CASS That point was not involved in the |
repeat what said yesterday that it controversy in
Alabama determine the ownership of small quantity
Of land gained by accreton In the adjustment OF the
question il became necessary to examine where the emil
domain resides in the States, and the Supreme
Court decided correctly that it in the States them
selves and not in the United States The question OF the
exemption of the public lands from State taxation was not
at all involved in this That point was not before the
court and it would have been very strange if that high
tribunal had gone out of its way consider and determine
momentous question this which neither pre-
sented by the record argued a the bar To have done
would have been great folly, and, indeed, than
folly The court placed itself in such false position.
In delivering the opinion, Mr.. Justice Mckinley alluded to
this question of txaton by way suppose OF illustration
aud ntimated the opinion that Congress might protect the
public land from State taxation But it mere obaer
dictum without any binding authority, and entitled only
TO consideration the views of able Judge would
thank the senator from Maryland to read the passage
Mr. PEARCE then read the following extract from JUS
tice Mckinley's decision.
The argument much relied by the counsel for the
plaintiffs that the agreement Of the people inhabns the
the unappropriaed lands lying within the said
rtoy and that the shall be and remain at the sole and
entire disposition of the United States, cannot operate
between the parties but binding law. Full
power given to Congress TO make all needf rules and
United States This authorized the passage of ali laws ne
cesary the rights of the United States the pub
lie lands and to provide for their sale and to protect them
And all constitutional laws binding the people in
the new states and the OLD ones whether they consent to be
passed by the will Of the people of the United States
pressed through their representatives the
of the enactmcnt and when passed. it becomes the
pene law Of the land and operates by its own force on the
subject matter in whatever State Territory happen
ha TIa linn hats suclu uxvn
operate upon the subject matter of its enactment without the
express of the people of the State where may
happen to be, contains its reuaton and requires
further examination The proposition submitted to the peo
pie of the Alabama Territory for their acceptance jec
tion by the of Congress authorizing them form
stituon and State for themselves they
related the public within that Territory amounted to
the sales and disposition Of the public lands The supposed
compact relied by the counsel for the plaintiffs conferred
authority therefore, Congress pass the act granting
to the plaintiffs the land in controversy"
Mr. CASS 1t will be at once sir that this famous
power of regulation is here nerposed to destroy of
the attributes of State sovereignty The principle is at d
rect variance with the extract which read yesterday from
another opinion of the Supreme Court which pro-
nounced by Chief Justice Tnney years since It
maintains the invad of what called the rrepealabe
articles of compact in the ordinance Of 1884, among which
this exemption from taxation by the authority of Con-
gres the ground that they derogaed from the equality
of the States, and were therefore, unconstitutional
again say sir that reason either in justice in law
in the constitution, why the property of the United
States should not pay its just share of the
and by which it is itself not only protected but increased
in value
II is be wondered that measure ike .hs pro
posing great change hi thentefnal administration Of the
country, should with opposition 1t is beat 1t should
be The examination of the subject the contest Of minds
the comparison OF views, become Important and III fact
necessary, in the elucidaton of truth If there is
rshness in country there is also slowness and
by empcrng both together may be rendered
safe as well as liberal But trust we may differ without
whom listened the other day with much pleasure and to
whose able remarks have already done justice made
of expression upon that occasion which regretted to
hear He talked about demagogues 1t is unfortunate
word to be heard and applied in place like this 1t has
two sides to it. 1t cuts both ways If the charge is made
it may be retorted, and thus in repeng attack kind
of Carhagena wara. may be commenced upon the mo-
tves of senator's in all questions which, from their magni
tude from any other consideration, excite peculiar in
teres II by demagoguism is meant desire to find the
give and the pursue Eere in conformity
with the views of constituents then suppose
all demagogues We ought to be- and certainly he who
does feel such wish should n representa-
tive body like this freely confess that the approval OF
my constituents is the highest political reward expect
desire But sir beyond this and indeed, independent of
it, there is another which is of paramount Importance to
every honest man. and that is the duty of acting and voting
according to the dictates of his convictions. He who
sacrifices that duty to gain public applause is unfit to serve
free and intelligent people.
To reproach upon this proposition gentlemen talk
about the cong yourselves tar policy IL is unworthy
phrase and is equally untrue and unjust farm, indeed
When hears such word, the mind instinctiyey re-
vcrts to cultivated tract of land, with its comfortable
buildings, its wemanaged fields, and all the other inn
provemes which give such conientmen to the farmer II
is abuse of terms to call hundred and sixty of
land in the midst of primitive forest farm 1t only be-
such by years ofprvaon Of toll and of sutfcrngs
by an expenditure OF labor and capital tenod valua-
ble than the original grant wish all those who place
such false estimate upon the true of things could
have seen have DONE and made part of it. the settle
ment of new country. Ny friend from Illinois Mr.
SHIELDS has well depicted the process say with him
that there is moral courage required from the man
who makes establishment in the midst of extensive
Forest and strikes the first stroke for himself and family
than from him who eners into battle and bravely does his
duty there The hardahp trials the pvatons which the
pioneers endure can describe but he who has
ured them also Gentlemen here to suppose that the
moment settler reaches his land it becomes productive
and that and wheat and all he needs rise up spona-
neously to meet hls wants. All this is great The
settler finds his lands in state of nature generally covered
with gigantic vegetation; and il must be cleared and
brought into improvement before it will yield its de-
sired return And this takes tme and money and labor
The emgran cannot reach country with his family
without much expense and when arrived at his dcsina
ton he possess find the ofmaintaining him
self for two three years and also to provide for sickness
| and for other casualties. When you grant him the land
do but small part Of what necessary for his support
! For the rest he must depend upon himself
Mr. President the senator from Marya Mr. PEAKCE
asked yesterday to give the in favor of this
measure and understand the senator from Louisiana Mr.
BEyJAMN intimate that he has heard nothing in sup
port of it, will comply with this demand clearly
can compatible with that breyity which desire observe
But will reverse the position aud will begin by considering
the reasons why il should not be adopted. know of but
and have heard but independent of the consttu
onal objections and OF those urged to-day by the senator
from louisiana and to which have already replied; and
that one is that if this proposition be adopted the public
land will cease to be of adm. it, sir
and contend il is longer needed for that purpose
There has been time when its proceeds were importan
the government when il was regarded as vast fund