Washington Constitution Article XXVI - Compact with the United States
Washington Constitution – Article XXVI: Compact with the United States
Text of Article XXVI:
"The following ordinance shall be irrevocable without the consent of the United States and the people of this state:
First. That perfect toleration of religious sentiment shall be secured, and that no inhabitant of this state shall ever be molested in person or property on account of his or her mode of religious worship.
Second. That the people inhabiting this state do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within the boundaries hereof, and to all lands lying within said limits owned or held by any Indian or Indian tribes; and that until the title thereto shall have been extinguished by the United States, the same shall be and remain subject to the disposition of the United States, and said Indian lands shall remain under the absolute jurisdiction and control of the congress of the United States.
Third. That lands and other property belonging to citizens of the United States residing without this state shall never be taxed at a higher rate than the lands and other property situated in this state belonging to residents thereof; and that no taxes shall be imposed by this state on lands or property therein belonging to or which may hereafter be purchased by the United States or reserved for its use.
But nothing herein, or in the ordinance herein provided for, shall preclude the state from taxing as other lands and property are taxed any lands and other property outside of an Indian reservation, owned or held by any Indian, who has severed his tribal relations, and has obtained from the United States or from any person a title thereto by patent or other grant, save and except such lands as have been or may be granted to any Indian or Indians under any act of congress, containing a provision exempting the lands thus granted or acquired from taxation, but no property of any Indian shall be taxed so long as the United States holds the title to the same, unless otherwise provided by congress."
Summary and Significance:
Article XXVI of the Washington State Constitution represents a compact or agreement between the State of Washington and the United States, which was required for statehood. It covers:
Religious Freedom – Guarantees religious tolerance and protection of individuals regardless of religious practice.
Public and Indian Lands – Disclaims any claim by the state to unappropriated public lands and Native American lands, placing those under federal jurisdiction.
Taxation Restrictions – Ensures non-residents' property isn’t taxed more heavily and protects federal lands from state taxation.
Indian Land Taxation – Sets out conditions under which Indian lands can be taxed if the individual has severed tribal relations and owns land outside reservations—unless specifically exempted by Congress.
This Article mirrors language found in Enabling Acts for several western states and reflects federal conditions for admitting territories to the Union.
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