Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-12-12
Twenty-third Congrcss.--Ist Sess.
Thursday, December 4.
THE PUBLIC LAND BILL-THE PRESIDENTS
MESSAGE


originated In the Senate its last session, sppropriang
for limited time the proceeds oil the sales OF the public
lands, and for other purposes"
To the Senate of the United States:
AT the close Of the last session Of Congress received
from that body bill entitled San act appropriate for
imed time the proceeds of the sales of the public lands
'o the United States and for granting lands certain
States The brief period then remaining before the Ri
sing oil Congress- and the extreme pressure Of official du
tes unavoidable such occasions did leave suf
hcien time for that full Of The subject which
was due to its great importance. Subsequent considera
ton and reflection have however, confirmed the obsc-
uons to The bill which presented themselves my mind
upon its first perusal and have satisfied that ought
not TO become law felt mysei constrained
to withhold from my approval, and return il 10 the
Senate in which originated with tho reasons on which
my dissent is founded.
fully sensible of the importance az il respects
both the harmony and union Of the States, OF making
soon as circumstances will allow OF it, proper and final
disposition Of the whole subject Of the public lands and
ment to the United States Of those expenses with which
they are justly chargeabe, that may be consistent with
my views OF the Constitutions sound policy, and the rights
OF the respective States, will readily my
ration This BILL however, is not of that character The
arrangement conemplaes is not permanent, but limit
ed TO five years only, aad in its appears TO anc
pate alterations within that time, the discretion Con-
gress and il furnishes adequate security against those
continued agitaions OF the subject which il should be the
principal object oil any measure for the disposition Of the
public lands TO avert.
Neither the merits OF the bill under nor
the validity Of the objections which have felt il be my
duty make TO its passage can be correctly appreciated
without full understanding Of the manner in which the
public lands upon which il is intended operate, were
acquired, and the conditions upon which they are now
held by the United States. WILL fore, precede the
statement OF those objections by brief but distinct
position OF these points.
The waste lands within the United States constituted
one oil the early obstacles TO the organization of any Co
vernment for the protection Of their common interests.
In October 1777 while Congress framing the arti
cles OF confederation proposition made to amend
them TO the following effect viz:
That the United States in Congress assembled, shall
have the sole and exclusive right and power
tain and fix the Western Boundary OF such States as
claim TO the Mississippi South Sea, and lay the
land yond the boundary so asceraned into separate
" and independent States, from time Time the num-
bers and circumstances OF the people thereof may
" quire."
was however, rejected. Maryland only voting for il;
and SO difficult did the subject appear that the patriots Of
that body agreed 10 waive il in the articles of confedera.
ton, and leave ii for future settlement.
On the submission OF the articles the several State
Legislatures Tor ratification, the most formidable objection
was found TO be in this subject OF the lands Ma
ry land, Rhode Island and New Jersey, instructed their
Delegates in Congress TO amendments to them
providing that tho waste Crown lands should be con-
sdered the property Of the United States; blu,
they rejected All the States except MARYLAND &C.
coded TO the articles, Notwithstanding did SO
with the reservation, that their claim those lands as
common property, was not thereby abandoned
On the sole ground that decla effect was
contained in the Articles Maryland withheld her assent
to her delegates, which upon
the journals OF Congress The following extracts
from that document, viz
" Is it possible that those States who ambitiousy
graspng at territories, TO which in judgment they
" have the least shadow of exclusive right will use
with greater moderation the Of wealth and DOW
" err derived from those territories, when acquired than
what they have displayed in their endeavours acquire
p" them?" SC. SC.
eve convinced, policy and justice require that
=" country unsettled at the commencement of this war,
Z" claimed by the British Crown aud coded 10 il by the
treaty at Paris, wrested from the enemy by
the blood and treasure OF the Thirteen States should be
considered common property, subject be parcel
led out by Congress into free, convenient and ndepen
dent Governments in such manner and al such times
the wisdom oil that assembly shall
sc. SC.
Virginia proceeded to open land Office for the sale of
her western lands, which produced such excitement TO
induce Congress in October 1879, incrpoe and
ly recommend to ''lhe said State and all States similarly
crcumstanced lorbear settling issuing warrants for
such unappropriaed lands, granting the during
the continuance OF the present war"
In March, 1850, the Legislature of New York passed
AN act rendering cesson TO the United States Of the
claims Of that State TO the territory preceded by
preamble 10 the following effect, viz:
"Whereas, nothing under Divine Providence more
eecually contribute TO the tranquility and safety OF the
United States OF America than federal alliance such
liberal principles will give satisfaction lis respective
members; and whereas, The articles OF Confederation
perpetual Union, recommended by. the honorable Con-
gress oil the United States of America have not proved
acceptable TO all the States, having been conceived that
portion OF the waste and uDcultvaed territory within
the limits claims OF certain States, ought be appro
priated common fund tor the expenses OF the war;
and the people OF the State OF New York being on ali
disposed manifest their regard for their sister
States and their earnest desire 10 promote the general
erest and security, and especially TO accelerate the
10
hcm the before mentioned impeachment TO its final &C.
complshment," &c.
This act Of New York, the instructions OF MARYLAND
and a Temonsrance OF Virginia, referred TO a COIN
mittee OF Congress, who reported preamble and reso
luons thereon, which adopted the 9th OF Sep
tember 1885, much OF which as is necessary TO eluc
date the subject is 10 the following effect, viz:
"Tha it appears advisable TO press upon those States
which remove the embsrrassnents respecting the
country, liberal surrender oil portion Of their
territorial claims, they cannot be preserved entire
without endangerng the stability OF the general conede.
racy TO remind them how indispensaby necessary IL
establish the Federal Union ed and permanent
aud principles acceptable 10 all its respective members
how essential 10 public credit and confidence, TO The sup
port oil army, TO Tie vgor Of councils and
OF measures, to tranquility at home, reputa.
in dependent people; tha they are fully persuaded IT,
wisdom OF the several Legislatures will lead them to lu
and impartial consideration OF subject interesting "a
the United States, and necessary the happy establish
meut OF the Federal Union, thd they confirmed in
these expectations by review OF The before noned
OF the Legislature OF New York, submitted TO their con-
sidefaiion,' &c.
ResoiUed That copies Of the several papcrs referred
to the committee, be transmitted, with copy OF the re
port TO the Legislatures Of the several States and that
be earnestly recommended 10 those STATES who have claims
TO tue western country to pass such laws and give the
delegates in Congress such powers may eecualy
the ouly obstacle TO final ratification OF the Articles
OF Considerations and lhat the Legislature Of Ma ySnd b,
earnestly requested TO authorize their delegates ~ Con
| grcss to subscribe the said Articles"
Following Up this policy Congress proceeded, on IL,
10th Ocober 1850 10 pass resolution plcdgng the Unit
ell States TO the several States the in whic
any lands that might be coded by them should be disposed
Of, the material parts Of which as follows, VIZ:
AZ safcd la,