The Kansas herald of freedom. [volume] (Wakarusa, Kan. Territory) 1854-1860, 1857-06-06

into erect, congress doubled the ScnoOi
section grants-an advance upon the for
mer system. But in my judgment, the
benefits intended will never be fully real
lied until four school sections, instead OF
two, are granted in every township, locat-
ing the school section in the centre of ev-
cry quarter township; thus, by only doiib-
ling the school sections, causing every
section of the public domain in the new
States to adjnin school section, which
would add immensely to the value OF the
public lands, whilst at the same time af-
fording an adequate fund not only for the
establishment of Common Schools in every
township, but of High Schools Normal,
Schools and free Academies, which,
together with the five per cent. fund, and
University grant before referred to, would
place Kansas in few years, in point of
science and education, in the front rank of
the States of the American Union and of
the world. This is subject always re-
garded by Inc with intense interest, mas
much as my highest hope of the perpetuity
of our Union and of the continued success
of government, is based upon the pro-
gressive education and enlightenment of
the people, enabling them fully to COM
prehend their own true interests, the in
calculable advantages of our Union, the
exemption from the power of demagogues,
the control of sectional passions and pref
udice, the progress of arts and sciences, and
the accumulation of knowledge, which Is
every day more and more becoming real
ax,1 IL, 4
the greatinterests of onr whole country.
These noble grants for schools and edu-
cation in some of the new States, have not
produced all the advantages designed, for
want of ofadequate checks and guards against
improvident legislation; but / trust that the
Convention by a distinct constitutional
provision, will surround these lands such
guarantees, legislative, executive, judicial
and popular, as to require the combined ac-
ton of the whole under the authority of
the Legislature in the administration of a
fund so sacred. -.
1t will be observed that these school sec
tions and the five per cent fund, or their
equivalent, have always been made good
tothe new States by Congress, whether the
lands were sold in trust, for Indians, or 9TH
erwise.
Upon looking at the location of Kansas,
equi-distant from North to South, and
from the Atlantic to the Pacific, / find,
that within reasonable boundaries, she
would be the central State of the Ameri-
can Union. On the North lies Nebraska
Territory, soon to become a State; on the
South the great and fertile South Western
Indian Territory. soon, l hope, to become a
State also. To the boundary. of Kansas
run nearly all the railroads of Missouri,
whilst westward, northward and south
ward, these routs continued through Kan
sas, would connect her directly with Puge-
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 same railroad
throughthe great South Western Indian
Territory 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 on the Pa
cife. Northward and Eastward our lines
would connect with the roads of Iowa, ILL.,
nois, Wisconsin, Nebraska, Minnesota, and
the Lakes ofthe North.
1t is the people of Kansas who in form
ing their State Constitution, are to declare
the terms on which they propose to enter
the L Union. Congress cannot compel the peo-
pie of Territory to enter the Union as 9
State, or change, without their consent, the
Constitution framed by the people. Con-
gress, it is true, may for constitutional rea-
sons refuse admission. but the State alone
in forming her Constitution, can prescribe
the terms on which she will enter the
Union. This power of the people of a
Territory in forming State Constitution
is one of vital importance, especially in
the States carved out of the public do
main. Nearly all the land of Kansas ars
public lands, and most of them are occu.
pied by Indian Tribes. These lands arr
the property of the federal government, bu
their right is exclusively that of a proprie
tor, carrying with it no political power
| Although the States cannot tax the con
stitutional functions of the federal govern
ment, they may assess its real estate with
in the limits ofthe State. Thus, although
| State cannot tax the federal mint o
/ custom houses, vet it may tax the groun(
on which they stand, unless exempted b,
State authority. Such is the we'll settled
doctrine of the Supreme Court of tn
United States. In 1893, Judge McLeal
of the Supreme Court ofthe United State
made the following decision:
at Is true the United States held the proprie
toFy right under the act Of cession. and also tn
J n Stlfa
| was established but the mere propretory right
if il exist, gives no right of soyereignty. Th
United States may own land within State, ba
political Jurisdiction does not follow this owner
/ ship. Where jurisdiction Is necessary, as 10
forts and arsens. eeSsion of it is obtained frol
| the State. Even the lands of the L United State;
| within the State. are exempted from taxation
compact"
By the recent decision Of the Suprem
Court of the United States, so Justly ia
verable to the rights and interest of tn
new States, especially those formed out c
the Territory acquired, like Kansas, sine
!. the adoption of the Constitution, it is clea
] that the ownership of the public lands {
! such Territory is viewsd by the Court ex
: elusiyely as proprietory right, carryln
with it no political power or right of emi
nent domain, and affecting in no way tn
exercise of any of the sovereign attribute
of State authority. When Kansas become
: State, with all the attributes of Stat
sovereignty co-extensiYe with her limit
! among these must be the taxing pOwe
| which is an inherent element of Stat
, authority. I do not dispute the tit
of the government to the public lands {
Kansas, but l do say, that this right
that of an owner only, and that whe
: Kansas becomes State, the public Lane
> are subject TO taxation by State authorit..
: ike those of any individual pToprieto
$ unless that power is relinquished by ii
State in the Ordinance, assuming the for
{ of . compact, BY which the State is admi
ted into the Union.
This REIMBURSEMENT Of the taxing pow
as to the public lands, so important TO tt
general government, and which has her
fofore been exacted BY Congress on the
Q own terms from all the new States,
!. deeply injurious TO the State, deprivir
: her almost entirely of the principal =
/ course of new State by taxation to snl
. port her government Now, that tn
: Question S conclnsiyelv settled by Il
ol Supreme Court Of the United States;