The Washington union., 1857-06-06

lands sold IN trust for Indians, or otherwise.
Upon looking at the location of Kansas equi-distant
from North 10 South and from the Atlantic the Pacific
find, that within reasonable boundaries she would be
the central State Of the American Union On the north
lies the Nebraska Territory, 10 become State
the south the great and fertile southwestern Indian terri
tory soon hope to become State also To the bound
AIRY of Kansas nearly all the railroads of Missouri,
whilst westward northward and southwark these routes
continued through Kansas would connect her directly
with Puget Sound the mouth of the Oregon river, and
San Francisco The southern boundary of Kansas is but
FIVE hundred miles from the Gulf of Mexico, and the
railroad through the great southwestern Indian ter
Tory and Texas would connect her with New Orleans,
with Galveston with all the roads of Arkansas, and
through Texas to San Francisco and other points the
Pacific; nothward and eastward lines would connect
with the roads Of Iowa. Illinois, Wisconsin, Nebraska,
Minnesota, and the lakes of the North.
1t is the people of Kansas who in forming their State
constitution to declare the terms which they pro-
pose to enter the Union Congress cannot compel the
people of Territory TO enter the Union a State,
change without their consent the constitution framed
by the people Congress- 1t is true may for constitu
onal refuse admission, but the State alone in
forming her constitution, prescribe the terms on
which she will enter the Union This power of the peo
pie of Territory in forming State constitution is
of vital Importance, especially in the States carved out of
the public domain Nearly all the lands of Kansas arc
public lands, and most of them occupied by Indian
tribes These lands the property of the federal gov
ernment, but their right is exclusively that of propri-
etor, carrying with it no political power
Although the States the constitutional nnc
estate within the limits of the State Thus although
State cannot the federal mint custom houses yet it
may tax the ground which they stand unless exempted
by State authority Such is the well-seted doctrine of
the Supreme Court of the United States In 1888 Judge
Mclean of the Supreme Court of the United States made
the following decision
t the United States held the proprietary right
under the act of ceson and also the right of sovereignty
until the State government established; but the
proprietary right il it exist gives right of sovereignty
The United States may own land within State but po-
toa jurisdiction does not follow this ownership Where
jurisdiction is necessary for forts and arsenals,
sion of it is obtained from the State Even the lands of
the United States within the State exempted from tax
alton by compact.
BY the recent decision of the Supreme Court of the
United States justly favorable to the rights and inter
est of the States, especially those formed out of the
territory acquired like Kansas since the adoption of the
constitution it is clear that the ownership of the public
lands of such Territory is viewed by the court exclusively
proprietary right carrying with it political power
right of eminent domain, and affecting in way the
exercise of any of the sovereign attributes of State
thorty. When Kansas becomes State, with all the at
tributes of State sovereignty coextensve with her limits
among these must be the taxing power which is an in
herent element of State authority do not dispute the
title of the government to the public lands of Kansas
but do say that this right is that of only and
that when Kansas becomes State, the public lands
subject to taxation by State authority like those of any
individual proprietor unless that power renqushed
by the State in the ordinance, assuming the form of
compact by which the State is admitted into the Union
This REIMBURSEMENT of the taxing power to the pub
lie lands important to the general government and
which has heretofore been exacted by Congress their
terms from all the States is deeply injurious to
the State, deprivng her almost entirely Of the principal
of State by taxation to support her govern
Now that this question is conclusively settled by
the Supreme Court of the United States, consequence
of their recent decision it is proper for the State in
making this REIMBURSEMENT of the right the public
lands to the conditions which She consents to
such exemption This should be done in the constitution
upon terms just to Kansas and to the federal govern
ment
Should Kansas rcnqush the right of taxing the public
lands for equivalent, she should in my Judgment al
though sustained by irresistible conclusions from the de-
csion of the Supreme Court of the United States and
sound constitutional views of State rights place the
ton in its strongest FORM by asking nothing than
has been granted to the other States including the
grants for education, railroads. &c. She will thus give
the highest proof that she is governed by sod views
and that she to exact nothing from Congress that
is unjust unusual.
cannot too earnestly impress upon you the necessity
of removing the slavery agitation from the halls of Con-
gress and presidential conflicts 1t is conceded that Con-
gress has power to interfere with slavery in the States
where it exists and if it be established, is
clearly the doctrine Of the constitution that Congress has
authority to interfere with the people of Territory
this subject in forming State constitution the question
must be removed from congressional and presidential cleo
tons.
This is the principle affirmed by Congress in the act or
ganizng this Territory, ratified by the people of the Uni
ted States in the recent election and maintained by the
late decision of the Supreme Court of the United States
III TINS carried successful operation
in Kansasthat her people shall determine what shall be
her social institutionshe slavery question must be with
drawn from the halls of Congress- and from presden
al conflicts and the safety the Union be placed beyond
all peril Whereas if the principle should be defeated
here the slavery agitation must be renewed in all cleo
tons throughout the country, with increasing bitterness
until it shall eventually overthrow the government
1t is this agitation which, to European powers presents
the only hope Of subvcrng free institutions and
consequence, destroying the principle of sclfgovern
ment throughout the world 1t this hope that has al
ready inflicted deep injury upon country, exciting
monarchical despotc interference with domestic
well foreign affairs and inducing their nterposton,
not only in elections but in diplomatic intercourse,
to arrest progress, to limit influence and power
depriving of great advantages in peaceful territorial
expansion, well in trade with the nations of the
world. f.
Indeed when reflect upon the hostile position of the
European press during the recent election and their
ulting predictions of the dissolution of Union
consequence of the triumph of sectional candidate, can
not doubt that the peaceful and permanent establishment
of these principles being subjected to their final test
in Kansas will terminate European opposition to all those
which must much increase commerce,
furnish markets for products and fabrics and by
conservative, peaceful progress carry flag and the
empire of our constitution into and dacent regions
Indispensable part of the Union to welfare and
security adding coffee sugar. and other articles to
staple exports whilst greatly reducing their price to the
consumer.
Nor is it only in foreign intercourse that peace will
be preserved and prosperity advanced by the accept
ed fact of the pemancnce of government based upon
the peaceful settlement of this question in Kansas but at