CONGRESSIONAL RECORD-HOUSE. 599 That It Appeared to Be Thought Important in the Constitution, and It · HOUSE of REPRESENTATIVES
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I 1880. CONGRESSIONAL RECORD-HOUSE. 599 that it appeared to be thought important in the Constitution, and it · HOUSE OF REPRESENTATIVES. has been found so by some sad experiences since, that the sovereign jurisdiction of the Government over its own forts and arsenals should THURSDAY, January 29, 1880. be exclusive of that of the State, just as in the same way the sover eign jurisdiction of the State over its own military or civil establish The Honse met at twelve o'clock m. Prayer by Rev. W. BRUSH, ments must be exclusive, and ought to be exclusive of that of the D. D., Methodist Episcopal church, Austin, Texas. United States. My point is not that we cannot lawfully appropriate this money, if we choose to give it, to build structures upon the private ADl'dlSSION TO THE FLOOl't. property of citizens, or upon property that private citizens have con Mr. STEVENSON. Mr. Speaker, I ask unanimous consent that veyed by deed to the United States. We can appropriate the money Hon. Lawrence Weldon, a prominent citizen of Illinois, be admitted for it; but then the question is, whether doing that has ousted the to the privileges of the floor for two days. Stat.a of any of its original jurisdiction over that land as private Mr. CLYMER. Mr. Speaker, I do not wish to object in this in property. That is the question. stance, but I do think that gentlemen should state the position oc Mr. JONES, of Florida. I have had occasion to look into this mat cupied by those to whom the privileges of the floor are to be granted, ter a good deal. These cessions have carried with them consequences in their own States, before the Honse grants that privilege. that at one time were not thought to follow. It is a very well estab I fear we are breaking away from the rule which has worked so lished principle of law in this country that where the State cedes beneficially for the comfort and convenience of the House in the prog jurisdiction over any portion of her territory to the United States for ress of its business. any of the purposes contemplated in this part of the Constitution, Mr. WHITE. I would like to inquire where we are to stop in this the persons or inhabitants living or residing within that territory matter of ~ranting the privilege of the floor. lose their political rights within the State. So I know it is in my Mr. STEVENSON. I have not aaked the privilege before for any own State. I know now of two thonsand people within the jnrisdic- gentleman. -tion of the United States who are held to have no political rights Mr. WHITE. Neither have I. whatever in the State, they being within the sole and exclusive juris Mr. KENN.A.. We are now revising the rules and will remedy that. diction of the United States because the State ceded to the General The SPEAKER. The gentleman from Illinois asks unanimous con- Government all her authority over the Pensacola navy-yard. I thought sent that the privilege of the floor be extended for two days to the it was a very unwise thing to do. With respect to the military res gentleman named. Is there objection'¥ e~vations no such cession was ever made. The forts in my State are There was no objection, and the request was granted. erected on property acquired by the Government by private purchase, but no cession of jurisdiction over them ever was made by State PUBLIC ROADS POST-ROUTES. authority; still they are utilized for all public purposes just the same, Mr. BAKER. Mr. Speaker, I demand the regular order of business. and I have never thought it necessary to go through the form of a The SPEAKER. The regular order of business being demanded, ceision of jurisdiction to enable the Government to use property for the morning hour now begins at fifteen minutes past twelve o'clock. these purposes. The unfinished business is the bill (H. R. No. 3384) declaring all pub Mr. EDMUNDS. But suppose the State should choose to tax that lic roads post-routes. land for illustration T T.he pending question was on seconding the demand for the pre Mr. JONES, of Florida. I do not think it could do it. vious question, and the Honse wa.a dividing at the expiration of the Mr. EDMUNDS. That raises the very question. It surely could last morning hour, when the point was made that a quorum had not not do it if we had a cession; but it would not be so certain it could voted. not do it if we had not. I should very much doubt if the United Mr. CLYMER. Mr. Speaker, that point of order was made by my States were to buy up the whole county in which I live in the State self, and if there be no objection, I now withdraw it, as I do not of Vermont, that the inhabitants thereof were going to escape taxa wish to delay the Honse, because it is evident that a quorum is now tion or any other duty that they owed to the State of Vermont when present. that purchase had been made by the United States without the The SPEAKER. If the point of order is not insisted upon that a consent of the State. I do not think it very safe to assume a prop quorum did no~ vot.e, the previons question will be considered as osition of that kind. Of course in the case of a very small pur seconded. chase, very likely the State would not care to tax it; but it might Mr. CANNON, of Illinois. I would like the attention of the gen be that she would; it might be that the State would wish to execute tleman from Georgia [Mr. COOK]1 for a moment. I will not insist on some particular process that she had against the commanding officer the point of order if he will allow an amendment making these pub of the fort or arsenal, or whatever it might be, at a time when it lic roads and highways post-routes merely while the mails are carried would be very unfortunate for the. United States that it should be upon them. done. The theory of the Constitution, therefore, was that there Mr. COOK. I have no objection to that. should be, in respect of dock-yards, arsenals and so on, so far as they The SPEAKER. On the division yesterday on seconding the were necessary and so far as the State chose, a political dominion of demand for the previous question the ayes were 83 and the noes the Government whose property they were, for reasons that it is 44. The point of order that a quorum did not vot.e is now with quite unnecessary to go into an extensive discussion about, because drawn, and the previous question is seconded. The gentleman from we all understand them and probably we understand them alike. Illinois [Mr. CANNON] asks unanimous consent to submit an amend That is all my point about it. I do not say that the United States ment. cannot acquire private property in the sense of ownership, just like Mr. STONE. The gentleman from Illinois authorizes me to stat.a any other corporation, in a State, without her consent. I rather the amendment he proposes. It is to insert, after the word " post think she can, although that is a question that might be argued with routes," the words "while the mails are carried thereon." considerable force on both sides; and thus it is that I call the atten Mr. COOK. That is the language which is used in the law as ap- tion of the Senate to what appears to me the doubtful propriety plying to plank-roads, rivers, and canals. (except in the case of some extreme emergency where we cannot Mr. D1Jm1ELL. Let the bill be read as proposed to be amended. wait) of proceeding t.o expend money for permanent structures upon The Clerk read as follows : property the dominion of which we cannot obtain or do not obtain Be it enacted, &c., That all public roads and highways are hereby declared post or have not obtained from the State itself. If it be necessary to have routes while the mails are carried thereon; and the Postmaster-~neral is hereby exceptions, as in many of the State grants for particular purposes authorized to put postal service upon all such routes when the public necessity where the two dominions do not necessarily conflict, they can be put may require it. in ; but in the ordinary sense I should say it was extremely unwise. Mr. BLOUNT. I must objeot to the amendment suggest.ad by the My duty is done in calling the attention of the Senate to it. I shall gentleman from Illinois. It is a new thing and we have no chance not object to the consideration of the joint resolution. to discuss it. The Senate, as in Committee of the Whole, proceeded to consider The SPEAKER. The question recurs: Shall the main question be the joint resolution. now put7 The joint resolution was reported to the Senate without amend The main question was ordered. ment. 'rhe question was on agreeing to the amendment of the committee Mr. EDMUNDS. Now, that the joint resolution is up for consid to strike out the words" and the Postmaster-General is hereby au eration, I wish to ask the chairman of the committee whether he has thorized to put postal service upon all such routes when the public the statement or evidence that the Attorney-General has approved necessity may require it." this title ? The amendment was agreed to.