The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1860-06-26


The Veto Messsge or the President.
10 nK sxxATE or THE uSrnSD SrArs:-- --..s.s--
IIeturn with my objections, 10 the Senate, IN which
itos*inaied the bin entitled can act 70 secure home
steads 70 actual settlers the public domain and for
other purposes" presented TO on the 10th instant
This bill gives TO every citizen Of the United States
"who Is the head OF family" and to every person Of
foreign birth residing in the country, who has declared
his intention to become ctlzn though he not be
the head Of family, the privilege OF appropratng TO
himself hundred and sixty Of government land
OF settling and residing upon II for five years and should
ms residence continue until the end OF this period he
shall then receive patent the payment Of twenty
cents per acre, one-uh Of the present government
price During this period the land is protected from all
This bill contains cesson to the States of all the
public lands within their respective limits (which have
unsod after the lapse Of thirty years. This provision
embraces donation 70 the States Of twelve mil
lion two hundred and twenty nine thousand seven hun
dred and thirty acres and will from time to time,
transfer 70 them large bodies OF such lands which, from
peculiar circumstances may not be absorbed by private
To the settler this bill does not make an absolute
donation; but the price small that IL scarcely be
but considering this not 70 be paid until the end Of i've
years II is In fact reduced TO about eighteen cents per
acre. or Of the present minimum price Of the
public lands In regard 10 the States. il is an absolute
and unqualified gift.
This Of facts raises tho question whether Con-
ress under the constitution has the power give away
The public lands either States inv duals On this
question expressed decided opinion in my message 70
returning the Agricultural College bill This opinion re-.
mains unchanged The argument then used applies,
constitutions objection with greater force the present
Of specific beneficial purpose here II is an absolute ra
uty 70 the States without the pretext of consideration
the session 10 quote largely from this message
presume the general proposition win be admitted that
Congress does not possess the to make donations Of
money already IN the treasury, raised by taxes the
people, either 70 States or individuals. =, ,t.r.
But IL is commended that the public lands are placed
and that the proceeds arising their sale are not sub
ect " the limitations Of the constitution may be an
proprated or given away by Congress- its own dis
creton TO states, corporations individuals for any
purpose they may deem expedient.
The advocates OF shis bill attempt TO their DO
son the language OF the second clause Of the third
section Of the fourth article Of the constitution which
declares that the Congress shall have power dispose
the territory or other property belonging the United
States" They contend that by fair Interpretation Of
the words dspose or in this clause Congress
the power TO make this gin public lands 70 the States
for purposes Of education.
would require clear strong evidence to induce the
belief that the trainers Of the constitution after having
limited the powers Of Congress To certain precise spe
CHIC objects intended, by employing the words dspose
Of TO give that body unlimited power the vast pub
iic domain. IL would be a strange anomaly indeed 70
nave created two funds the by taxation confined TO
the execution Of the powers Delegated To- Con-
gress and the other from the public lands spnIibs 70
all subjects foreign and domestic which Congress- mipht
desenase that this fund should be disposed Of" NOT 70
pay the debts Of the United Sates to raise and sup
port armies nor "to provide and maintain navy nor
10 accomplish any Of the other great objects
the debts VI the States to educate their people,
~ into effect any other Of their domestic policy
elcnsi0e authority utterly at with the wellknown
Jealousy Of federal which prevailed the formation
Of the constitution. The natural ntcndment would be
THAT as the constitution confined Congress well defined
SPECIFIC powers, the funds placed At their command
whether in land money should be Appropriated 70 the
performance Of the duties corresponding with these
powers. not, government has been created With ali
its other powers carefully limited without any imta-
ton in respect " the public lands.
rpad he rdo of,
make them embrace the idea Of "giving away" The
true meaning Of words is always by the
intent Of the Awxiver Congress is a trustee under
the constitution for the people of the United States 70
ture 10 with confidence that no case can be found
IN which trustee in the position Of Congress has been
haTn !, %. 70 DISPOSE o. property BY its owner
euch trustee TO give away the fund entrusted to his
care No trustee, when called upon 70 account for
agement before any judicial tribuoai would venture
TO present such plea in his defence. The true
meaning II these words clearly stated by Chief Justice
fancy IN delivering the opinion Of the Court no Howard
He says In reference 70 this clause OF the consttu
ton, % begins Its enumeration OF powers by that Of
asing money from them-which, as we have Already
raid the main object of the cesson from the stesj
il unnecessary 70 refer 70 the history Of the mss 70
establish the known fact that this statement OF the Chief
Justice Is perfectly we'll founded That II never
ended by the trainers Of the constitution that these lands
oncludns portion Of the clause By il Congress
he "other property Of the United States" In the Ian
uage Of the Chief Justice p $50 And the same power
ely came language applied % the other property Of
he United States assocatng the power the terri
ory IN this respect, with the power over movable
war which then belonged in common to the State sove
e ~ s..,,
the States and Territories within the Louisiana and
orda purchases These lands were paid for out Of the
uonc treasury IRON money raised by taxation. Now,
ongrcss has no power to appropriate the money with
hcn these lands were purchased, IL not clear that the
over over the lands equally limtedf The mere con-
eson Of this money into land could not confer upon Con-
ress new power the disposition OF which they
ad not possessed over money II could, then trus-
by changing the character OF the fund entrusted 10 his
are Tor special objects from money into land might give
DC land away, or devote 10 any purpose he thought
roper however foreign from the trust The inference
resstbe that this land partakes Of the very cha
icter with the money paid for it, and be devoted TO
objects different from those 10 which the money could
ave been devoted. II this not the case then by
he purchase Of new Territory from foreign govern |
rent out Of the public treasury Congress could enlarge
ler own powers and appropriate the proceeds Of the
ses oi The land thus purchased at their discretion
other and far different objects from what they could
ave applied the purchase money which had been raised
taxation.
II will prove unequal and unjust in its operation
nong the actual settlers themselves.
rs class Tl,cv hyaye sh dns ar S m"sa me,sor
irer the prvntions Of frontier life and with the hand
toll, bring the wilderness into cultivation The sold
ttrs, as they everywhere called public benc
cors This class have all paid for their lands the govern
ent price, or 81 rs per They have constructed
ads, established schools, and laid the foundation OF
epcrous commonwealths. L. II just, is II equal, that
Ter they have accomplished all this BY their labor new
ttlers should come in among them and receive their
rms at the price Of twenty 1--WE eighteen cents per
reS Surely the old settlers, Glass are entitled TO
least equal benefits with the you give the new
ttiers their lands for comparatively nominal price,
on every principle Of equality and justice you viii be
ged TO refund out Of the common treasury the dihc-
nee which the old have paid above the settlers for
cir land.
. This bin will do great injustice the old soldiers
DO have received land warrants for their services Ia
hitting the battles Of their country Il viii gradually re-
'ce the market value Of these Already their
ue has sunk, for hundred and sixty warrants
sixty seven cents per acre under apprehension that
oh measure az this might become law. What price
ould they command, when any head OF family NAV
ke possession OF quarter section OF land and pay
II until the end OF ave years, and then at the OF
ly twenty hve cents per acre. The magnitude OF the
teres TO be affected viii appear the fact that there
outstanding unsatished land warrants reaching back