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remand the cause at any time when the fact is
made to appear. And by analogy of this law,
it may, perhaps, be a good defense to an action
in a State Court, to show that a colorable assign-
ment has been made to deprive the United
States Court of jurisdiction but, as before said,
it would be a defense to the action, and not a
ground of removing that cause into the Federal
Court. We think, therefore, the second ground
of removal was also insufficient.

It is suggested, however, that a suit on a
judgment recovered in a United States Court
is necessarily a suit arising under the laws of
the United States, as much so as if the plaintiff
or defendant were a corporation of the United
States; and hence that such a suit is removable
under the Act of March 3, 1875.

FORT LEAVENWORTH RAILROAD
COMPANY, Plff. in Err.,

v.

PERCIVAL G. LOWE, Sheriff of the
COUNTY OF LEAVENWORTH.

(See S. C., Reporter's ed., 525-542.)

Constitutional law-jurisdiction over lands, within a State, occupied by the United Stateswhen exclusive in United States-conditional grant to United States.

1. The legislative power of Congress is exclusive over lands within a State purchased with its consent by the United States for a constitutional purpose.

2. Where the United States acquires lands within a State in any other way than by purchase with its consent, forts, arsenals or other public buildings ment, as instrumentalities for the execution of its powers, will be free from any such interference and jurisdiction of the State as would destroy or impair their effective use for the purposes designed. But, when not used as such instrumentalities, the legislative power of the State over the places acquired will be as full and complete as over any other places within its limits.

It is observable that the removal of the cause was not claimed on any such broad ground as this; but so far as the character of the case was concerned, only on the ground that the defend-erected thereon for the use of the General Governant had a defense under section 739 of the Revised Statutes, specifying what the defense was; and we have already shown that that ground of removal, as stated in the petition, was insufficient. But, conceding that the defendant is now entitled to take its position on the bro der ground referred to, is it tenable and sufficient for the purpose?

3. The cession of lands by a State to the United

States may be upon such conditions as the State may see fit to annex not inconsistent with the free

and effective use of such lands for the purposes in

tended.

4. After the admission of the State of Kansas the United States retained only the rights of an ordiReservation; except as an instrument for the execution of the powers of the General Government, that part of the tract, which was actually used as a fort or military post, was beyond such control of its use for those purposes. The clause of the Act of the State, by taxation or otherwise, as would defeat the Legislature of Kansas of February 23, 1875. to cede jurisdiction over said Reservation to the United States, saving to the State" the right to tax railroad, bridge and other corporations, their franchises and property, on said Reservation" is valid, and a tax upon a railroad paid to the State cannot be recovered back.

What is a judgment, but a security of reword showing a debt due from one person to another? It is as much a mere security as a treasury note, or a bond of the United Sites. If Anary proprietor in the Fort Leavenworth Military brings an action against B, trover or otherwise, for the withholding of such securities, it is not therefore a case arising under the laws of the United States, although the whole value of the securities depends upon the fact of their being the obligations of the United States. So if A have title to land by patent of the United States and brings an action against B for trespass or waste, committed by cutting timber, or by mining and carrying away precious ores, or the like, it is not therefore a case arising under the laws of the United States. It is simply the case of an ordinary right of property sought to be en

forced. A suit on a judgment is nothing more,
unless some question is raised in the case (as
might be raised in any of the cases specified),
distinctly involving the laws of the United
States such a question, for example, as was in-
effectually attempted to be raised by the de-
fendant in this case. If such a question were
raised, then it is conceded it would be a case
arising under the laws of the United States.

These considerations show a wide distinction,
as it seems to us, between the case of a suit
merely on a judgment of a United States Court,
and that of a suit by or against a United States
corporation; which latter, according to the
masterly analysis of Chief Justice Marshall in
Osborn v. Bank, 9 Wheat., 738, is pervaded from
its origin to its close by United States law and
United States authority.

Without pursuing the subject further, we
conclude with expressing our opinion, that this
last ground of removal, like those already con-
sidered, was insufficient.

The judgment of the Supreme Court of New
York is affirmed.

True copy._Test:

[No. 243.]

Argued Apr. 9, 10, 1885. Decided May 4, 1885.

IN ERROR to the Supreme Court of the

State of Kansas.

This action was brought in the District Court of Leavenworth, Kansas, by the plaintiff in error, to recover certain taxes paid under an alleged illegal assessment upon property situated within the Fort Leavenworth Military Reservation. The court rendered judgment on demurrer, for the defendant. This judgment having been affirmed, on error, by the court below, the plaintiff sued out this writ of error.

The facts of the case are stated by the court. Messrs. E. E. Cook, Thos. F. Withrow and M. A. Low, for plaintiff in error.

Mr. W. Hallett Phillips, for defendant in error.

Mr. Justice Field delivered the opinion of the court:

The plaintiff, a Corporation organized under the laws of Kansas, was in 1880, and has ever since been, the owner of a railroad in the Res ervation of the United States in that State, known as the Fort Leavenworth Military Reservation. In that year its track, right of way

James H. McKenney, Clerk, Sup. Court, U. 8. franchises, road bed, telegraph line and instru

Cited-115 U. S., 257.

ments connected therewith on the Reservation,

ed by the board of assessors of the * and a tax of $394.40 levied thereon, paid by the Railroad Company unorder to prevent a sale of the The present action is brought to reack the money thus paid, on the ground -property, being entirely within the was exempt from assessment and the State.

treaties with the United States, which provided
that without their consent such territory should
not be subject to state jurisdiction, and the Res-
ervation was not within this exception; and that
to restore Federal jurisdiction over the land in-
cluded in the Reservation, it would be necessary
to obtain from the State of Kansas a cession of
jurisdiction, which he had no doubt would upon
application be readily granted by the State Leg-
islature. 14 Ops. Attys-Gen., 33. It does not
appear from the record before us that such ap-
lication was ever made; but, on the 22d of Feb-
ruary, 1875, the Legislature of the State passed
an Act entitled "An Act to Cede Jurisdiction
to the United States over the Territory of the
Fort Leavenworth Military Reservation," the
first section of which is as follows:

stituting the Reservation was
Le territory acquired in 1803 by cession
Frax and, until the formation of the
and her admission into the
United States possessed the rights of
and Lad political dominion and
ver it. For many years before
It had been reserved from sale
per authorities of the United States "That exclusive jurisdiction be, and the
A purposes, and occupied by them as same is hereby ceded to the United States over
The jurisdiction of the United and within all the territory owned by the United
dining this time was necessarily States, and included within the limits of the
But in 1861 Kansas was admitted United States military reservation known as the
upon an equal footing with the Fort Leavenworth Reservation in said State, as
Na, that is, with the same rights of declared from time to time by the President of
o and soverignty, subject like the United States, saving, however, to the said
the Constitution of the United State the right to serve civil or criminal process
might undoubtedly, upon such within said Reservation, in suits or prosecu-
stipulated for retention of the tions for or on account of rights acquired, obli-
-y, dominion and legislative gations incurred, or crimes committed in said
ted States over the Reserva-State, but outside of said cession and Reserva-
should be used for military tion; and saving further to said State the right
Government; that is, it could to tax railroad, bridge, and other corporations,
ed the place from the jurisdiction their franchises and property, on said Reserva-
te needed for the uses of the tion." Laws of Kansas of 1875, p. 95.
Sent But from some cause,

raps, or overconfidence that sach jurisdiction could be had no such stipulation or exade. The United States, therefer the admission of the State, an ordinary proprietor; extent for the execution of the teral Government, that part of Was actually used for a fort or beyond such control of the or otherwise, as would depurposes. So far as the the Reservation was not used 24poses, the possession of the only that of an individual The State could have exercised, it, the same authority and she could have exercised over bed by private parties. This ction of the United States ertion of the government in that year the Secretary of munication to the Attor* papers touching the Resating for his official opinion ber, under the Constitution, the land for a site as a milic buildings took it out the law of March 3, 1859, and if so, what action would the part of the Executive or the land to the exclusive >nited States. The Attor that the Act admitting Kan the Union had the effect to feral insdiction all the terridanes of the new State, al of the Indians having

The question as to the right of the plaintiff to recover back the taxes paid depends upon the validity and effect of the last saving clause in this Act. As we have said, there is no evidence before us that any application was made by the United States for this legislation, but, as it conferred a benefit, the acceptance of the Act is to be presumed in the absence of any dissent on their part. The contention of the plaintiff is that the Act of cession operated under the Constitution to vest in the United States exclusive jurisdiction over the Reservation, and that the last saving clause, being inconsistent with that result, is to be rejected. The Constitution provides that "Congress shall have pow er to exercise exclusive legislation in all cases whatsoever over such district (not exceeding ten miles square), as may, by cession of particular States and the acceptance of Congress, become the seat of the Goverment of the United States, and to exercise like authority over all places purchased by the consent of the Legislature of the State in which the same shall be, for the erection of forts, magazines, arsenals, dock-yards, and other needful buildings." Art. 1, § 8.

The necessity of complete jurisdiction over the place which should be selected as the seat of government was obvious to the framers of the Constitution. Unless it were conferred, the deliberations of Congresss might in times of excitement be exposed to interruptions without adequate means of protection; its members and the officers of the government be subjected to insult and intimidation, and the public archives be in danger of destruction. The Federalist, in support of this clause in the Constitution, in addition to these reasons, urged that "a dependence of the members of the General Government on the State comprehending the seat

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of the government for protection in the exercise | tion of forts and other buildings for the defense
of their duty, might bring on the national coun- of the country, or the discharge of other duties
cils an imputation of awe or influence, equally devolving upon it, and the consent of the States
dishonorable to the government and dissatis-
factory to the other members of the confeder-
acy. No. 43.

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in which they were situated was obtained for their acquisition, such consent should carry with it political dominion and legislative authority over them. Purchase with such consent was the only mode then thought of for the acquisition by the General Government of title to lands in the States. Since the adoption of the Constitution this view has not generally prevailed. Such consent has not always been obtained, nor supposed necessary, for the purchase by the General Government of lands within the States. If any doubt has ever existed as to its power thus to acquire lands within the States, it has not had sufficient strength to create any effective dissent from the general opinion. The consent of the States to the purchase of land within them for the special purposes named is however, essential, under the Constitution, to the transfer to the General Government, with the title, of political jurisdiction and dominion Where lands are acquired without such consent the possession of the United States, unless po litical jurisdiction be ceded to them in some othe way, is simply that of an ordinary proprietor The property in that case, unless used as means to carry out the purposes of the govern ment, is subject to the legislative authority an control of the States equally with the propert of private individuals.

The necessity of supreme legislative authority over the seat of government was forcibly impressed upon the members of the Constitutional Convention by occurrences which took place near the close of the Revolutionary War. At that time, while Congress was in session in Philadelphia, it was surrounded and insulted by a body of mutineers of the Continental Army. In giving an account of this proceeding, Mr. Rawle, in his treatise on the Constitution, says of the action of Congress: "It applied to the executive authority of Pennsylvania for defense; but, under the ill-conceived Constitution of the State at that time, the executive power was vested in a council, consisting of thirteen members, and they possessed or exhibited so little energy, and such apparent intimidation, that the Congress indignantly removed to New Jersey, whose inhabitants welcomed it with promises of defending it. It remained for some time at Princeton without being again insulted, till, for the sake of greater convenience, it adjourned to Annapolis. The general dissatisfaction with the proceedings of the executive authority of Pennsylvania, and the degrading spectacle of a fugitive Congress, suggested the remedial provisions now under But not only by direct purchase have th consideration." Rawle, p. 113. Of this proceed- United States been able to acquire lands the ing Mr. Justice Story remarks: "If such a les-needed without the consent of the States, bu son could have been lost upon the people, it would have been as humiliating to their intelligence as it would have been offensive to their honor." 2 Story, Com. Const., § 1219.

it has been held that they possess the right eminent domain within the States, using thes terms, not as expressing the ultimate dominic or title to property, but as indicating the rig Upon the second part of the clause in ques- to take private property for public uses whe tion, giving power to "exercise like authority." needed to execute the powers conferred by th that is, of exclusive legislation "over all places Constitution; and that the General Governme purchased by the consent of the Legislature of is not dependent upon the caprice of individua the State in which the same shall be, for the or the will of State Legislatures in the acquierection of forts, magazines, arsenals, dock- tion of such lands as may be required for th yards, and other needful buildings," the Fed- full and effective exercise of its power eralist observes that the necessity of this au- This doctrine was authoritatively declared thority is not less evident. "The public money Kohl v. U. S., 91 U. S., 367 [Bk. 23, L. e expended on such places," it adds, "and the pub- 449]. All the judges of the court agreed in t lic property deposited in them, require that possession by the General Government of th they should be exempt from the authority of right, although there was a difference of opi the particular State. Nor would it be proper ion whether provision for the exercise of t for the places on which the security of the en- right had been made in that case. The cou tire Union may depend to be in any degree de- after observing that lands in the States are nee perdent on a particular member of it. All ob- ed for forts, armories and arsen els, for na jections and scruples are here also obviated by yards and light-houses, for custom-houses a requiring the concurrence of the States con- court houses, and for other public uses, sai cerned in every such establishment." "The pow-" If the right to acquire property for such us er," says Mr. Justice Story, repeating the sub-may be made a barren right by the unwillin stance of Mr. Madison's language, is wholly ness of property holders to sell, or by the acti unexceptionable, since it can only be exercised of a State prohibiting a sale to the Federal Go at the will of the State, and therefore it is placed ernment, the constitutional grants of power m beyond all reasonable scruple." be rendered nugatory, and the government is pendent for its practical existence upon the w of a State, or even upon that of a private citizen The right to acquire property in this way. condemnation, may be exerted either throu tribunals expressly designated by Congress, by resort to tribunals of the State in which property is situated, with her consent for t purpose. Such consent will always be sumed in the absence of express prohibiti U. S. v. Jones, 109 U.S., 513, 519 [Bk. 27. L.

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This power of exclusive legislation is to be exercised, as thus seen, over places purchased, by consent of the Legislatures of the States in which they are situated, for the specific purposes enumerated. It would seem to have been the opinion of the framers of the Constitution that, without the consent of the States, the new government would not be able to acquire lands within them; and therefore it was provided that when it might require such lands for the erec

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Matter of Petition of U. S., 96 N. | chase must be by consent of the Legislature of the State, and then the jurisdiction of the these modes of acquisition, the United United States under the Constitution became ->sed, on the adoption of the Consti- exclusive. In that case the defendant was inmense domain lying north and dicted for murder committed in Fort Adams, the Ohio River, acquired as the result in Newport Harbor Rhode Island. The place a evolutionary War from Great Britain, had been purchased by the United States with was from Virginia, Massachusetts the consent of the State, to which was added t, and since the adoption of the the reservation mentioned, as to the service of they have, by cession from for- civil and criminal process within it. The main , come into the ownership of a questions presented for decision were, whether arzer, lying between the Missis- the sole and exclusive jurisdiction over the ere and the Pacific Ocean, and out of place vested in the United States without a fores several States have been formed mal Act of cession, and whether the reservation nto the Union. The proprietor- as to service of process made the jurisdiction the United States in large tracts of land concurrent with that of the State. The first States has remained after their question was answered, as above, that the purThere has been, therefore, no neces- chase by consent gave the exclusive jurisdicthem to purchase or to condemn lands tion; and, as to the second question, the court States, for forts, arsenals, and said: "In its terms, it certainly does not conbildings, unless they had disposed tain any reservation of concurrent jurisdiction afterwards needed. Having the or legislation. It provides only that civil Leave usually reserved certain por- and criminal process issued under the aurands from sale or other disposi-thority of the State, which must, of course, ses of the government. be for acts done within and cognizable by the tement as to the different modes State, may be executed within the ceded lands, United States have acquired title notwithstanding the cession. Not a word is which public buildings have been said from which we can infer that it was inrve to explain the nature of their tended that the State should have a right to er such places, and the consist-punish for acts done within the ceded lands. est other of decisions on the sub- The whole apparent object is answered by conand state tribunals, and of opin-sidering the clause as meant to prevent these Attorneys-General. lands from becoming a sanctuary for fugitives from justice for acts done within the acknow ledged jurisdiction of the State. Now, there is nothing incompatible with the exclusive sovereignty or jurisdiction of one State that it should permit another State in such cases to execute its process within its limits. And a cession of exclusive jurisdiction may well be made with a reservation of a right of this nature, which then operates only as a condition annexed to the cession, and as an agreement of the new sovereign to permit its free exercise, as quoad hoc his own process. This is the light in which clauses of this nature (which are very frequent in grants made by the States to the United States) have been received by this court on various occasions on which the subject has been heretofore brought before it for consideration, and it is the same light in which it has also been received by a very learned state court. In our judgment it comports entirely with the apparent intention of the parties, and gives effect to Acts which might otherwise, perhaps, be construed entirely nugatory. For it may well be doubted whether Congress is, by the terms of the Constitution, at liberty to purchase lands for forts, dock-yards, etc., with the consent of the State Legislature, where such consent is so qualified that it will not justify the exclusive legislation of Congress there. It may well be doubted if such consent be not utterly void. Ut res magis valeat quam pereat, we are bound to give the present Act a different construction if it may reasonably be done; and we have not the least hesitation in declaring that the true interpretation of the present proviso leaves the sole and exclusive jurisdiction of Fort Adams in the United States."

title is acquired by purchase by the Legislatures of the States, the is exclusive of all state audows from the declaration of that Congress shall have "like -er such places as it has over the the seat of government; that exclusive legislation in all Broader or clearer language d to exclude all other authoriress; and that no other aused over them has been the of federal and state tribunals Ay-General.

which has usually accompa-
t of the States that civil and
of the state courts may be
as purchased, is not consid-
in any respect with the Su-
Cared States over them; but
ent them from becoming an
ves from justice. And Con-
passed in 1795, declared that
States of the jurisdiction of
bouses, beacons, buoys, or
ere or might be erected, with
should be deemed sufficient
and erection of such structures,
ration had been made, or
for those purposes should be
and criminal process issued un-
* of the State or of the United
served and executed within
L. 426, chap. 40.
* ↑ Gornell, 2 Mas., 60, it was
Story, that the purchase of
tates for public purposes,
of a State, did not of itself
annen or sovereignty of the State
partased; but that the pur-

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The case referred to in which the subject [535] was considered by a learned state court is that of Commonwealth v. Clary, 8 Mass., 72. There

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purposes of legislation and jurisprudence, with the single exception expressed; and consequently that no persons are amenable to the laws of the Commonwealth for crimes and offenses committed within said territory; and that persons residing within the same do not acquire the civil and political privileges, nor do they become subject to the civil duties and obligations, of inhabitants of the towns within which such territory is situated." And accordingly they were of opinion that persons residing on such lands were not entitled to the benefits of the common schools for their children in the towns in which such lands were situated. 1 Met., 580.

In Sinks v. Reese, 19 Ohio St., 306, the question came before the Supreme Court of Ohio, as to the effect of a proviso in the Act of that State, ceding to the United States its jurisdiction over lands within her limits for the purposes of a National Asylum for Disabled Volunteer Soldiers, which was, that nothing in the Act should be construed to prevent the officers. employees and inmates of the asylum, who were qualified voters of the State, from exercising the right of suffrage at all township. county and state elections in the township in which the National Asylum should be located And it was held that, upon the purchase of the territory by the United States, with the consen of the Legislature of the State, the Genera Government became invested with exclusiv jurisdiction over it and its appurtenances in al cases whatsoever; and that the inmates of suc asylum resident within the territory, being with in such exclusive jurisdiction, were not resident of the State so as to entitle them to vote, withi the meaning of the Constitution, wh ch con ferred the elective franchise upon its resident alone.

the Supreme Court of Massachusetts held that
the courts of the Commonwealth could not take
cognizance of offenses committed upon lands in
the Town of Springfield purchased with the
consent of the Commonwealth by the United
States for the purpose of erecting arsenals upon
them. That was the case of a prosecution
against the defendant for selling spirituous
liquors on the land without a license, contrary
to a statute of the State. But the court held
that the law had no operation within the lands
mentioned. "The territory," it said, "on
which the offense charged is agreed to have
been committed is the territory of the United
States, over which the Congress have exclusive
power of legislation." It added, that "the as-
sent of the Commonwealth to the purchase of
this territory by the United States had this con-
dition annexed to it, that civil and criminal
process might be served therein by the officers
of the Commonwealth. This condition was
made with a view to prevent the territory from
becoming a sanctuary for debtors and crimi-
uals; and from the subsequent assent of the
United States to the said condition, evidenced
by their making the purchase, it results that
the officers of the Commonwealth, in executing
such process, act under the authority of the
United States. No offenses committed within
that territory are committed against the laws of
this Commonwealth, nor can such offenses be
punishable by the courts of the Commonwealth
unless the Congress of the United States should
give to the said courts jurisdiction thereof."
In Mitchell v. Tibbets, before the same court,
years afterwards, 17 Pick., 298, it was held
that a vessel employed in transporting stone
from Maine to the navy-yard in Charlestown,
Mass., a place purchased by the United States
with the consent of the State, was not employed
in transporting stone within the Common- To the same effect have been the opinions o
wealth, and therefore committed no offense in the Attorney-General, when called for by th
disregarding a statute making certain require- head of one of the departats. Thus, in th
ments of vessels thus employed. The court case of the Armory at Harper's Ferry, in Vi
said that to bring a vessel within the descrip- ginia, the question arose whether officers of th
tion of the statute, she must be employed in Army, or other persons, residing in the limi
landing stone at, or taking stone from, some of the armory, the lands composing which ha
place in the Commonwealth, and that the law been purchased by consent of the State, we
of Massachusetts did not extend to and operate liable to taxation by her. The consent ha
within the territory ceded, adopting the princi- been accompanied by a cession of jurisdiction
ple of its previous decision in 8 Massachusetts. with a declaration that the State retained co
In March, 1841, the House of Representatives current jurisdiction with the United States ov
of Massachusetts requested of the Justices of the place, so far as it could consistently with th
the Supreme Judicial Court of that State their Acts giving consent to the purchase and cedir
opinion whether persons residing on lands in jurisdiction; and that its courts, magistrates, a
that State purchased by or ceded to the United officers might take such cognizance, execute su
States for navy-yards, arsenals, dock-yards, processes, and discharge such other legal fur
forts, lighthouses, hospitals and armories, were tions within it as might not be incompatil
entitled to the benefits of the state common with the true intent and meaning of those Ac
schools for their children in the towns where The question having been submitted to the A
such lands were located; and the Justices re- torney-General, he replied that the sole obje
plied that, "where the general consent of the and effect of the reservation was to prevent
Commonwealth is given to the purchase of ter- place from becoming a sanctuary for fugitiv
ritory by the United States for forts and dock- from justice, for acts done within the ackno
yards, and where there is no other condition or ledged jurisdiction of the State, and that in
reservation in the Act granting such consent, other respects the exterritoriality of the
but that of a concurrent jurisdiction of the State mory at Harper's Ferry was complete, in so
for the service of civil process and criminal as regards the State; that the persons in
process against persons charged with crimes employment of the United States, actually
committed out of such territory, the Govern- siding in the limits of the armory, did not p
ment of the United States has the sole and ex-sess the civil and political rights of citizens
clusive jurisdiction over such territory for all the State, nor were they subject to the tax

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