Wilmington journal. [volume] (Wilmington, N.C.) 1844-1895, 1860-07-05
TIL. Presidents Veto OF the Homestead BIN.


return with my objections the Senate, in which it
originated the bill entitled An homestead
actual settlers on the public domain and for other
presented to me the Goth instant
This bill gives to every citizen Of the United States who
residing the country who has declared his ntention to
become citizen though he not be the head of family
the privilege OF appropating to himself hundred and
sixty of Cover land settling and residing
upon it for five years and should his residence
until the end of this period he shall then receive patent
the payment OF twenty cents per fifth of the
present Cover price During this period, the land
projected from all the debts of the settler.
This bill also contains cessiAn to the States of all the
public lands within their respective limits which have
unsold after the lapse of thirty years. This provision
braces present donation to the States of twelve million
hundred and twenynne thousand hundred and thirty
and will from time to time them large
bodies Of such lands which, from peculiar circumsances
not be absorbed by private purcha-c
To the actual settler. this bill does make absolute
called sale. 1t is nomnaly twenty-five cents per acre
bat, considering this to be paid until the end of five
years 1t Is, in fact reduced to about eighteen per
acre seventh of the present minimum price of the
pubic lands In regard to the States, it is absolute and
l. This state of the facts question whether Con-
gres under the Constitution, has the power to give away
gu slion expressed decided opinion to the
House OF Repes ofhe oath February 1852
ming the agricultural college bill. This opinion remains
unchanged The argument then used applies, cons
utona objection with greater force to the present bill
There it had the plea of consideration. growing Of
specific beneficial purpose here is absolute grauity
to the States without the pretext of consideration.
compelled for want of time these the last hours of the
session to quote largely from this message
presume the general proposition will be admitted, that
Congress does not the power to make donations OF
already in the Treasury raised by taxes on the
t pie, either to States individuals.
commended that the public lands placed
different footing from money raised by taxation and that
the proceeds arising from their sale not subject to the
limitations of the Constitution but be appropriated or
given away by Congress- at its discretion to States
Corporations individual for any purpose they may deem
e eXpedient.
The advocates of this bill attempt sustain their position
upon the language of the second clause OF the third seco1
OF the fourth article of the Constitution which declares tina
the Congress shall have power to dispose Of and make al
needfu rules and regulations respecting the Territory OF
other property belonging tothe United States lhey coz
tend that fair Interpretation of the wOrd5 dispose OF
in this clause Congress the power to make TIM
gift of public lands the States for purposes OF education
would require clear and sirong evidence to induce IN
nd belief that the trainers of the Constitution after having
limited the powers OF Congress to CERTAIN precise anu spe
cifc Objects intended by employing the words dlapo
by off, give that body unlimited power the vast public
f. domain. 1t would be strange anomaly indeed, to nav
of created funds the by taxation confined to the e
y Of he enumerated powers delegated to Congress- an
pr from the public lands applicable to all subjects
IN foreign and domestic which Congress might Designate Ina
this fund should be dsposed Of, not to pay the debts
re United States, and support armies no
rs provide and maintain navy nor to accomplish any on
ry Of the other great objects enumerated ID the constitution
IT. but diverted from them pay the debts of the States
,ut educate their people, and 10 into effect any oe
nd measure of then domestic policy THIS would be to COME
h upon Congress and esponsibe authority utterly
ca with The weknown jealousy OF Federal power whic
dr. prevailed the formation of the Constitution The natur
amendment would be that the Constitution conh9ed Co
his gress TO well defined specific powers the funds placed
yd their command whether in land money should be app
ated to the performance OF the duties
h., these powers If not Government has been cIealeu %
I,t. TatI0n Ia Icsiect TO the public land.
is But read the Ords disposed OF as TO MAI
I'M. embrace the idea of giving away The true nea
lis ing always be ascertaned by the subject
iawgiver Congress is trustee constitution
the people the United States to dispose OF their pu
the lie lands and hk may venture to assert with conhdec
has be found in which trustee IN Inc pos
Congress has been authorized to dispose Of proper
byits where has ever been held that tese
nav authorized such trustee 10 give away the und
his care: No trustee, when called upon 70 acG0a or
% disposition of the property placed under MS managte
before any judicial tribunal would venture to present su
plea in his @ Tine true Taby IN the
s of the court 90 Howard p 1862 he says IN rel
enumeration of powers that OF dsposing in other wo
making sale Of the lands raising money from the
cession (from the Sates and which the first thing
vded in the article. 1t is unnecessary 10 relei 70
562S history times establish the known act lnat
o00e of the Chief Justice is perfectly WEI
325 That intended by the trainers OF the consul
ton that these lands should be given away by Con91e5
manifest from the concluding portion of the same clause
300 By it, Congress has not only to dispose o.
9 the snr uu o o the Chief justice W 5
power of making needful rules respecting the ter
22 erty of the United States assocang the power over
1910 territory this respect with the power over
personal property-that is, the ships, arms or huno
262 which then belonged in common to the state
i669 ties nhr !,
232 in the States Territories within the Louisiana ana
ida purchases. These lands were paid tor on" OF Inc
$3.50 lie Treasury from money raised by taxation NOW
3OOO gress had power to appropriate the money WIN WI
100 these purchased not clear that Ine Po
62 over the lands equally limited The mere CONVEX
435 this money land could not coner upon congress
1919 power the disposition OF land Whch III nau b
sessed money hit could tnen u9ee, ~ co.
25O character of nusted to his care Iof pe
897 rom money into land might give the ani away
i 5Oo devote any purpose he thought proper
ceed from the trust The inference SSH the money
the VI In 70 No ohipcs different from
with Iih the money could have been devoted If this
not he case then, by the purchase OF ne"
FOREIGN Government of the pubic treasury Sphe
ua enlarge their own powers and M theirs .T
ceeds of the sales of the land thus purchased al Cne
7aed Stinn to other and far different objects from what
when could applied the purchase money WHICH Aau
had raised by taxation - ,oxo.;on q,
days T. 1t VIII prove uh Saga, anu uD'O ~ "
broke 'i 4St settlers of new country are most mero
nd class They brave the dangers savage warfare sumo
This prvaons Of frontier life and with the nan Oh n
gait the INTO o r nnbe benefactor This
have all paid for their lards The government et
OF nor They have constructed roads establishes SCI
oorah and the foundation OF prosperous al
old just is 1t equal that ael y ooe in among Their
bv their labor, settlers shOu6 COME Ia a a ~
receive their at the price OF twenty-five VI ets
your ens ner acre. Surely the old settlers, as Grass al
tied to at least equal benefits with the new. YOU
he fol- settlers their lands Tor S yice Won W
.on to upon every pr of "a common Treasury the t
an Oh which old have paid above the ne"
ID that This hill will do great injustice to the old soldier
ID any have received land warrants for her services IL
give the battles OF their country ady their value has
for one hundred and sixty acre warrants, ~ SLAry
pporo cents per under apprehension la S 49,
m II. 90 his mis- hit become law. What price would tney
Syte mand, when any head OF iany may # an the
erSOnGt quarter seeton VI ta Of only twenty-five
luke nVe T5 naGnude Of the interest be affected
gave in the fact that there outstanding unsasne
~ ent warrants reaching back to the last war
and evenerevolutiolary 1imes' amouh'ins' ~ ~
hers to seven and half millions acres