Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1860-06-26
From the Washington Constitution

| an important Message from the Preslueht coli'-
municating to Congress his reasons iof "'lh,
holding his approval from the bill lately pssseu
by the: two houses, commonly known as inc
homestead bill.
To n, Senate OF tile United StateS:
return, with my objections, TO the SENATE
in which il originated. the bill entitled An
net 10 secure tomcsteads 10 actual settlers on
the pnbiic domain and for other purposes,
presented to me on the Goth inst.
This bill gives 10 every citizen OF the United
States, s.who is the head of afamily,' and tocv-
cry person o~rlorcign birth residing in the corn-
try, who las declared his intention to become 4
citizen, though he may not be the mead Of 4
family, the privilege ofappropriatlng to himself
one hundred and sixty acres OF Government
land, Of settling and residing upon it for five
wears: and should his residence continue until
the end of this period, he shall then receive a
patent on the paymen! OF twenty-five cents per
acre, O.. on~c-ti!th Of the present Government
nrjce. During this period the land is protected
from all the debts OF the settler.
This bill also contains q cession TO the States
Of all the public lands within their respective
limits (which have been subject to sale at PR
yatc entry. and which remain nnsold alter the
lapsc ofthirty wears" This provision embrnceSa
present donation TO the States Of twelve million
two hundred and twenty-ninc thousand seven
hundred and thirty-one acres, and will, from
time 70 time, transfer 10 them large bodies Of
such lands which. from peculiar circumstances,
NAV not be absorbed by private purchase and
settlement.
IN the actual settler, this bill does not make
an absolute donation; but the price is so small
i HAT il can scarcely bc called a sale. 1t IS nolni-
n#IIv twenty-five cents per acre; but, consider
inc this is not To be paid until the end OF live
years, it is, in fact, reduced 10 about eighteen
cents pcr acre, or onc.screnth Of the present
minimum price of tls public lands. In regard
TO the States, it is an absolute and unqualified
gift. 80.
|. This state Of facts raises the question
whether Congress, under the Constitution, has
the power to give away the public lands either
to States or individuals. On this question |
expressed a decided opinion i'll my message to
the House Of Representatives Of the 2ith re-
brrary, 1853, returning the agricultural col
legc bill. This opinion remains Unchanged
Tie argument then used applies, as q conStit''-
tional objection, with greater force to the pre-
sent bill. There it had the plea Of conSidcra-
ton, growing out Of = specific beneficial pur-
pose; Acrc, it is an absolute gralultY to the
| States without the prcteXt Of consideration. l
am compelled, for want Of time, III these tile
last hours Of The session, 10 quote largely from
this message:
81 presume tic general proposition will be
admitted, tlat Congress does not possess the
mower To make donations Of money already in
Inc Treasury, raised by taxes Oh the people,
either TO States or individuals.
"Rut it is contcnded that the public lands
are placed upon q different footing from money
raised by taxation, and that the proceeds
arising from their sale are not subject to the
limitations Of the Constitution, but may be ap-
propriatcd or given away by Congress, at It's
own discretion, to. States, corporations, or in
GividualS, for any purpose they may deem cX-
prdicn;.
s'The advocates Of this bill attempt TO sustain
their position upon the language OF the second
clause ul Tie third section Of the fourth article
of the Constitution, which declares that tic
Congress shall have power to dispose al, and
make nil needinl rules and regulations respect
ing the territory or ether property belonging
to the Cnitcd States" They contend that, BY
a fair Interpretation of the words dispose O"
in this clause, Congress possesses the power TO
make this gift Of public lands to the States for
purposes Of education.
lit would require clear and strong evidence
to induce the belief that the trainers of the Con-
stitution, after having limited the power of
Congress to certain, precise, and specific OBJ
iects, intended, by employing the words dis
pose Of" to give that body unlimited power
over the vast public domain. 1t would be q
strange anomaly, indeed, 10 have created two
funds, the one by taxation, confined to the exc
cutiun Of the enumerated powers delegated to
4, II l. E,an, tt, ,rltIy L. pI
applicable to all subjects, foreign and domestic,
which Congress might designate. That this
fund should be disposed Of" not to pay the
debts Of the United States, Nor ITO raise and
support armies" nor "to provide and maintain
4 navy" nor to accomplish any one Of the other
great objects enumerated in the Constitution
but be diverted from them 10 pay the debts Of
the States, to educate their people, and to car
ry into effect any other measure Of their domcs-
tic policy. This would be to confer upon Con-
cress a vast and irresponsible authority, utter
" at war with the well-known jealousy Of Fed
erfl power which prevailed at the formation OF
the Constitution. The natural amendment
would be that, as the Constitution confined
Congress to well-defncd specific powers, the
| funds placed at their command, whether in
land or money, should be appropriated to the
performance Of the duties corresponding with
these powers. If not, = Government has been
created with all its other powers carefully Inn
tied, but without any limitation in respect to the
public lands.
"Eut | cannot so read the words "disposcd
of" as to make them embrace the idea of CIV
Ing away" The true meaning Of words IS al
ways to be asccrtaincd by the subject to which
they are applied, and the known general intent
of the lawgivrr. Congress is Il trustee unde"
the Constitution for the people Of the United
States to "dispose Of" their public lands, and
think may venture 10 assert with confidence,
that no case can be found in which q trustee in
the position Of Congress has been authorized
to "dispose ~" property by its owner, where
il has ever Lccn held that these words autllo-
rized such trustee to give AWAY the fund III
trusted to his care. No trustee, when called
upon to account for the disposition Of tho pro-
pcrty placed under his management before any
judicial tribunal, would venture to present
such a plea in his defence. The true meaning
Of these words is clearly stated by Chicl JUS
ticc fancy in delivering the opinion OF the
court, ~ Howard, p. 1867 lie says, in re.
ference to this clause of the Constitution: ut
begins It's enumeration. of powers by that OF
dispoSing: in other words, making sale OF the
lands, or raising money from them, which, rs
we have already said, was the main object Of
the.ceSsion, (froIn the States and which is the
first thing provided for in the article" 1t is
unnecessary to refer to the history of the
times TO establish the known fact that this
statement Of the Chief Justice is perfectly well
founded. That il never was intended by the
trainers of the Constitution that these lands
should be given away by Congress is manifest
from the concluding portion of thcsame clause.
By it Congress has power not only ito dispose
of" the territory, but of tic "other property
of the United States" In the language Of the
Chief Justice, Up. 1917 And the SAME power
of making ncedfnl rules respecting the territory
is in precisely the same language applied to
the other property of the United States, asso-