New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-06-26
TIE HOMESTEAD BILL.
VETO MESSAGE OF THE PRESIDENT

VETO MESSAGE OF THE PRESIDENT.
To she Senate o. the United States
return, with my objections, to the Senate, in which
il originated, tie bill entitled "An act to secure
" bomeseads to actual settlers the pablo domain
snd TOR other purposes presented TO me on the 10th
instant.
This bill gives to every citizen of the United States
who s the Lead Of family, and to every person Of
foreign oih residing in the country, who has declared
his intention to become citizen, though he may not
be the head of family the privilege of approprating
10 bimself huncre and sixty acres of Government
land settling and residing upon it for five years. and
sh, aG his residence continue until the end of this
peri,o lie shall then receive patent the payment
oftwenty five c-, PER acre oneffth Of the present
Govern nebt price. During this period, the land is
protecteS from all The debts Of the settler.
This bill also contains "A cession 10 the States Of all
the public lands within their respective limits (which
"bave beer ect TO sale at private entry, and which
"Ieman unsod af er The lapse Of thirty years" This
provision embraces present donation TO the States Of
twelve million w hundred aid twenty-niue thousand
seven hundred and thirty-one acres and will, from
time tim, transfer 70 Them large bodies Of such
lardr which, from peculiar circumstances, may not be
absorbed b, private purchase and settlement.
To the u,l settler this bill does not make abso-
lutte oonato but the prize is small that can
L
per acre. bu, considering this is TO be paid until the
end OF five yeaIs il s in fact reduced to about eight
pr acre, 0De-seventh of the present mini
mum Irlee the public lands. In regard TO the States,
it is III abroiue and unqualified gift.
l. This state If III as Is raises The question whether
Congress, under the Constitution, has the power to
give away tho public lands either to States ndiv
duals. On this QUESTION, expressed decided opinion
in my m,tsa 4, the House OF Representatives of tho
Gath February, 1859 returning the agricultural coli
lege Ill. TINS opinion remains unchanged. The ar
gumot then uted sppbes constitutional objection,
with tue gIra.I force 10 the present bill There il had
the plea OF corsderailn growing out of specific be-
necal pupoee; LeIe, il is absolute grsuity TO the
States without the pretext Of consideration l am
compelled for OF time, in these the last hours Of
tie seesion 10 quote largely IRON this message.
ir sum, the general proposition will be admitted,
that Congress ds net possess the power 70 make do
naicns If moIey already In tie Treasury, raised by
take, on III Ieope, either 10 States or individuals
B,th is c,DteDded that the public lands placed
upon die ent footing from money raised by taxation,
aud that the proc eds ISL from their sale not
subject TO the bmii, of the Constitution but may
be az prcpra'td or given away BY Congress, At i own
cisc.t on, 10 Sts,ss, cIporauons or individuals for
any purpose they may dee IN .xpedient.
The advocates Of this bill attempt TO sustain their po-
son Upon the lsneusge OF the second clause Of tho
third section of tbeiourth ar lie Of the Constitution,
which decare that tie Congress shall have power
" 10 dispose Of and make al n-edful rules and regula
+" tons fectrg the territory other property be-
longing 10 tie Upitsd States" They contend that,
by fair Interpretation OF the words dispose oil Ia
this clause, Cor gIess Possesses the power 70 make
this gift VI pubic lands 10 the States for purposes OK
education.
II would require clear and strong evidence TO induce
the be ref thai lie trainers of the Constitution, aiter
having lni ed The powers Of Congress to certain pre-
else and specific objects intended by employing inc
words dispose or 20 give that body unlimited power
over The Wat public domain. IL would be strange
anomaly, indeed, TO have created two funds, We ono
by arop confined 10 the execution OF the enumer-
aied powers deegs I'd to Congress and the other irom
the pubic lands p, cable to a subjects, foreign and
domestic which Congress might designate lhst this
fund should be dspossd OF, not 10 pay the debts OF
the United S,a,es nor TO raise and support armies,
nor TO provide and maintain navy, nor TO accom-
pish any one OF the other great objects enumerated IN
the but be diverted from them 70 pay the
debts Of the States 20 educate their people, aud 70
carry into effect ANY other measure Of their domestic
polcy. This would be 10 confer upon Congress vast
sind IRE. ponsibe authority utterly at war with the
we.known jealousy of Federal power which pre-
tural intepoment would be that, as the Consutuuon
confined Congress to welldeiiped specific powers tho
fun ds placed at their conmaod, whether IA iand or
money Should be appropriated TO the performance Of
the duties CORE sponding with theee powers II not,
m. n, has bee created with all its other pow
en- carefully limited but without any limitation IN re-
spe,t 10 the public lands
But canilot 90 read the words disposed Of" IS TO
make them emf race the idea Of giving away" The
trne meaning of words Is always 70 be ascertained by
the subject 70 which they are applied, and the known