White Cloud Kansas chief. [volume] (White Cloud, Kan.) 1857-1872, 1857-06-18
Illinois. wl,es5sIfn. NsbEssEa, Minne.o,a. ia

on which they propose to enter the Union
Congress cannot compel the people Of Terri
tory % enter the Union as State, or change,
without their consent, the Constitution framed
by the people. Congress, it is true, may for
constitutional reasons refuse admission, but the
State alone in fOrmingher Constitution, can pre-
scribe the terms on which she win enter the
Union. This power of the people eta Terrific
" in forming State Constitutions one of vital
importance, especially in the States carved out
Of the public domain. Nearly all the lands Of
Kansas are public lands. and the most Of them
are occupied by Indian tribes. These lands are
the property Of the federal government, Sut
their tight Is exclusively that of proprietor,
carving with il no political power.
Although the States cannot tar the constitu-
tional functions of the Federal Government,
they my assess its real estate within the limits
af the State. Thus. although State cannot
tax the federal mint ar custom houses, vet il
may tax the ground on which they stand, unless
exempted BY State authority. Such is the well
settled doctrine of the Supreme Court Of the
United States. In 1879, Judge McLeln Of The
Supreme Court of the United States made the
following decision:
at is true the United States held the proprie.
tory right under the act Of cessfon, and also the
right of sovereignty until the State government
WIS established; but the mere proprietary right
if itexist, gives no right of sovereignty. The
United States may own land within a State, but
political jurisdiction does not follow this owner
chip. Where. jurissdietion is necessfry, As for
forts and arsenals, eessioa' NJ il is obtained
from the State. Even the lands OF the United
States, within the State are exempted from tax.
alton BY compact"
By the recent decision Of the Supreme Court
ofthe United States, so justly favorable TO the
rights and interest Of the new States, especi.
ally those formed out of the territory acquired,
like Kansas, since the adoption Of the constit.
ntiOn, it is clear srat the ownership Of the pub.
lie lands of suck Territory is viewed BY the
Court exclusively as proprietary right, carry.
ing with It no political power or right of emf.
nent domain, and affecting in no way the exer-
else Of any ofthe sovereign attributes Of State
authority. When Kansas becomes State, with
all the attributes ofState sovereignty co-exten-
sive with her limits, among these must be the
taking power, which is an inherent 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 an owner
only, and that when Kansas becomes State;
the public lands are subject to taxation BY State
authority, like those of any individual prOprie
tor, unless that power is relinquished by the
State in the ordinance, assuming the form of .
compact, by which the State is admitted into the
Union.
The REIMBURSEMENT ofthe taxing power'as to
the public lands, so important to the general
government, and which has heretofore been ex.
acted by Congress on their own terms from all
the new States, is deeply injurious to the State,
depriving her almost entirely of the principal re-
course ola new State BY taxation to support her
government. Now, that this question Is cbn.
clusively settled by the Supreme Court Of the
United States, as consequence Of their recent
decision. it is proper for the State, in making
this REIMBURSEMENT of the right to tax the pub
lie lands, to annex the conditions on whief5 sho
consents TO such exenptisn. This sssers3bs--
done in the constitution, upon terms Just to.
Kansas and to the federal government.
Should Kansas relinquish the right Of taxing
the public lands for equivalents, she should in
my judgment, although sustained by irresistible
conclusions from the decision of the Sunreme
Court of the United States, and sound eonsti,
utional views Of State Rights, place the qucs.
lion in its strongest form, BY asking nothing
more than has been granted to the other new
States, including the grants for education, rail-
-uads, &c. She win thus give the highest proof
hat she is not governed BY sordid views, and
hat she means to exact nothing from Congress
hat is unjust or unusual
cannot too earnestlyfmpress upon you the
necessity Of removing the slavery agitation from
he halls Of Congress, and Presidential conflicts.
{ i conceded that Congress has no power TO in
erere with slavery in the States where Il exists.
md If it can now be established, as is clearly
he doctrine Of the Constitution, that Congress
Ias no authority to interfere with the people Of
Territory on this subject, in forming a State
Constitution, the question must be removed
rom Congressional and Presidential elections
This Is the princiEe affirmed BY Congress in
he act organizing this Territory, ratified by the
eoFle Of the United States in the recent cleo
ion, and maintained By the late decision Of the
iupreme Court Of the United States. II lEis
rineiple can be carried into successful opdrss
ION in Kansss-shat her people shall determine
hat shall be her social institutions-the slavery
uest:on must be Withdrawn from the halls Of
'ongreSs, and from our Presidential couaiets.
nd the safety Of the Union be placed beFon6
i peril whereas, IL the principle should be
efeated here, tie slavery agitation must be
enewed in all elections throughout the eoantry,
Iith increasing bitterness, until 10 shah svenfs.
lily ovenhrsv tia goyerument
Its this agitstiDn which to European powers
resents the only hope Of subverting our free
and IS . consequence, DESTROYING
ne principle Of self government throughoas he
ord. II is this hope that has already ina;e.ad
eep injury upon our country, exciting monarch.
al or despstic interference with our dome.tic
) wells foreign affairs, and inducing their IN
'rpOsiti0n not only in our electiona -. N d;-,
matte intercoursestO arrest our progrs.. -
nit ourniSaenee and power, deprivin5 :. -
reat advantages in peaceful terTissrial e.n..-
On, as well ~ in trade with the natio6a ~ ~.
ord.