Charles Sumner: his complete works, volume 03 (of 20)Sumner, Charles
History
Charles Sumner: his complete works, volume 03 (of 20)
Sumner, Charles
Slavery -- United States; Speeches, addresses, etc., American
The United States are proprietors of large tracts within the municipal
and legislative jurisdiction of States, not held directly by virtue of
any original prerogative or eminent domain, by any right of conquest,
occupancy, or discovery, but under acts of cession from the old
States, in which the lands were situated, and from foreign countries,
recognized and confirmed in the statutes by which the different States
have been constituted. Words determining this relation are found in the
Ordinance of 1787, as follows: "The Legislatures of those districts
or new States shall never interfere with _the primary disposal of
the soil_ by the United States in Congress assembled, nor with any
regulations Congress may find necessary for securing the title in such
soil to the _bona fide_ purchasers." This provision is incorporated,
as an article of compact, in subsequent statutes under which the new
States took their place in the Union. It is "the primary disposal of
the soil," without any incident of _sovereignty_, which is here secured.
Regarding the United States, then, as simple proprietors, under the
jurisdiction of the States, would they not be liable, in the discretion
of the States, to the burdens of other proprietors, unless specially
exempted? This exemption is conceded. In the Ordinance of 1787 it is
expressly declared that "no tax shall be imposed on lands the property
of the United States"; and this provision, like that already mentioned,
was embodied in succeeding Acts of Congress by which new States were
constituted. The fact that it was formally conceded and has been thus
embodied seems to denote that such concession was regarded as necessary
to secure the desired immunity. Indeed, from familiar principles of
our jurisprudence, recognized by the Supreme Court, it is reasonable
to infer, that, without such express exemption, this whole extent of
territory would be within the field of local taxation, liable, like the
lands of other proprietors, to all customary burdens and incidents.
Thus, in an early case of Pennsylvania, it is decided that the purchase
of land by the United States would not alone be sufficient to vest
them with the jurisdiction, or to oust the jurisdiction of the State,
without being accompanied or followed by the consent of the Legislature
of the State.[75] And it is judicially declared by the late Mr. Justice
Woodbury, in a well-considered case:--
"Where the United States own land situated within the limits
of particular States, and over which they have no cession of
jurisdiction, for objects either special or general, little doubt
exists _that the rights and remedies in relation to it are usually
such as apply to other land-owners within the State_."[76]
[75] See Commonwealth of Pennsylvania _v._ Young. 1 Kent's Com.,
431.
[76] United States _v._ Ames, 1 Woodbury and Minot, 80.
After setting forth certain rights of the United States, the learned
judge proceeds:--
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