JAMES BUCHANAN.

WASHINGTON, _June 22, 1860_.

_To the Senate of the United States_:

I return with my objections to the Senate, in which it originated, the

bill entitled "An act to secure homesteads to actual settlers on the

public domain, and for other purposes," presented to me on the 20th

instant.

This bill gives to every citizen of the United States "who is the head

of a family," and to every person of foreign birth residing in the

country who has declared his intention to become a citizen, though he

may not be the head of a family, the privilege of appropriating to

himself 160 acres of Government land, of settling and residing upon it

for five years; and should his residence continue until the end of this

period, he shall then receive a patent on the payment of 25 cents per

acre, or one-fifth of the present Government price. During this period

the land is protected from all the debts of the settler.

This bill also contains a cession to the States of all the public lands

within their respective limits "which have been subject to sale at

private entry, and which remain unsold after the lapse of thirty years."

This provision embraces a present donation to the States of 12,229,731

acres, and will from time to time transfer to them large bodies of such

lands which from peculiar circumstances may not be absorbed by private

purchase and settlement.

To the actual settler this bill does not make an absolute donation,

but the price is so small that it can scarcely be called a sale. It is

nominally 25 cents per acre, but considering this is not to be paid

until the end of five years, it is in fact reduced to about 18 cents per

acre, or one-seventh of the present minimum price of the public lands.

In regard to the States, it is an absolute and unqualified gift.

1. This state of the 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 I expressed a decided opinion

in my message to the House of Representatives of the 24th February,

1859, returning the agricultural-college bill. This opinion remains

unchanged. The argument then used applies as a constitutional objection

with greater force to the present bill. _There_ it had the plea of

consideration, growing out of a specific beneficial purpose; _here_

it is an absolute gratuity to the States, without the pretext of

consideration. I am compelled for want of time in these the last

hours of the session to quote largely from this message.

I presume the general proposition will be admitted that Congress does

not possess the power to make donations of money already in the

Treasury, raised by taxes on the people, either to States or

individuals.

But it is contended that the public lands are placed upon a 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 appropriated or given away by Congress, at its own discretion,

to States, corporations, or individuals for any purpose they may deem

expedient.

The advocates of this bill attempt to sustain their position upon 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

to dispose of and make all needful rules and regulations respecting

the territory or other property belonging to the United States." They

contend that by a fair interpretation of the words "dispose of" in this

clause Congress possesses the power to make this gift of public lands to

the States for purposes of education.

It would require clear and strong evidence to induce the belief that the

framers of the Constitution, after having limited the powers of Congress

to certain precise and specific objects, intended by employing the words

"dispose of" to give that body unlimited power over the vast public

domain. It would be a strange anomaly indeed to have created two

funds--the one by taxation, confined to the execution of the enumerated

powers delegated to Congress, and the other from the public lands,

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 "to raise and support armies," nor "to provide

and maintain a navy," nor to accomplish any one of the other great

objects enumerated in the Constitution, but be diverted from them to

pay the debts of the States, to educate their people, and to carry into

effect any other measure of their domestic policy. This would be to

confer upon Congress a vast and irresponsible authority utterly at war

with the well-known jealousy of Federal power which prevailed at the

formation of the Constitution. The natural intendment would be that

as the Constitution confined Congress to well-defined 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, a Government has been created with all its other powers

carefully limited, but without any limitation in respect to the public

lands.

But I can not so read the words "dispose of" as to make them embrace

the idea of "giving away." The true meaning of words is always to be

ascertained by the subject to which they are applied and the known

general intent of the lawgiver. Congress is a trustee under the

Constitution for the people of the United States to "dispose of" their

public lands, and I think I may venture to assert with confidence that

no case can be found in which a trustee in the position of Congress has

been authorized to "_dispose of_" property by its owner where it has

been held that these words authorized such trustee to give away the

fund intrusted to his care. No trustee, when called upon to account for

the disposition of the property placed under his management before any

judicial tribunal, would venture to present such a plea in his defense.

The true meaning of these words is clearly stated by Chief Justice Taney

in delivering the opinion of the court (19 Howard, p. 436). He says in

reference to this clause of the Constitution: "It begins its enumeration

of powers by that of disposing; in other words, making sale of the lands

or raising money from them, which, as we have already said, was the main

object of the cession (from the States), and which is the first thing

provided for in the article." It 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 it never was intended by

the framers of the Constitution that these lands should be given away

by Congress is manifest from the concluding portion of the same clause.

By it Congress has power not only "to dispose of" the territory, but of

the "other property of the United States." In the language of the Chief

Justice (p. 437): "And the same power of making needful rules respecting

the territory is in precisely the same language applied to the other

property of the United States, associating the power over the territory

in this respect with the power over movable or personal property; that

is, the ships, arms, or munitions of war, which then belonged in common

to the State sovereignties."

The question is still clearer in regard to the public lands in the

States and Territories within the Louisiana and Florida purchases. These

lands were paid for out of the public Treasury from money raised by

taxation. Now if Congress had no power to appropriate the money with

which these lands were purchased, is it not clear that the power over

the lands is equally limited? The mere conversion of this money into

land could not confer upon Congress new power over the disposition

of land which they had not possessed over money. If it could, then a

trustee, by changing the character of the fund intrusted to his care for

special objects from money into land, might give the land away or devote

it to any purpose he thought proper, however foreign from the trust.

The inference is irresistible that this land partakes of the very same

character with the money paid for it, and can be devoted to no objects

different from those to which the money could have been devoted. If

this were not the case, then by the purchase of a new territory from a

foreign government out of the public Treasury Congress could enlarge

their own powers and appropriate the proceeds of the sales of the land

thus purchased, at their own discretion, to other and far different

objects from what they could have applied the purchase money which had

been raised by taxation.

2. It will prove unequal and unjust in its operation among the actual

settlers themselves.

The first settlers of a new country are a most meritorious class. They

brave the dangers of savage warfare, suffer the privations of a frontier

life, and with the hand of toil bring the wilderness into cultivation.

The "old settlers," as they are everywhere called, are public

benefactors. This class have all paid for their lands the Government

price, or $1.25 per acre. They have constructed roads, established

schools, and laid the foundation of prosperous commonwealths. Is it

just, is it equal, that after they have accomplished all this by their

labor new settlers should come in among them and receive their farms at

the price of 25 or 18 cents per acre? Surely the old settlers, as a

class, are entitled to at least equal benefits with the new. If you give

the new settlers their land for a comparatively nominal price, upon

every principle of equality and justice you will be obliged to refund

out of the common Treasury the difference which the old have paid above

the new settlers for their land.

3. This bill will do great injustice to the old soldiers who have

received land warrants for their services in fighting the battles of

their country. It will greatly reduce the market value of these

warrants. Already their value has sunk for 160-acre warrants to 67 cents

per acre under an apprehension that such a measure as this might become

a law. What price would they command when any head of a family may take

possession of a quarter section of land and not pay for it until the end

of five years, and then at the rate of only 25 cents per acre? The

magnitude of the interest to be affected will appear in the fact that

there are outstanding unsatisfied land warrants reaching back to the

last war with Great Britain, and even Revolutionary times, amounting

in round numbers to seven and a half millions of acres.

4. This bill will prove unequal and unjust in its operation, because

from its nature it is confined to one class of our people. It is a boon

exclusively conferred upon the cultivators of the soil. Whilst it is

cheerfully admitted that these are the most numerous and useful class

of our fellow-citizens and eminently deserve all the advantages which

our laws have already extended to them, yet there should be no new

legislation which would operate to the injury or embarrassment of the

large body of respectable artisans and laborers. The mechanic who

emigrates to the West and pursues his calling must labor long before

he can purchase a quarter section of land, whilst the tiller of the

soil who accompanies him obtains a farm at once by the bounty of the

Government. The numerous body of mechanics in our large cities can not,

even by emigrating to the West, take advantage of the provisions of this

bill without entering upon a new occupation for which their habits of

life have rendered them unfit.

5. This bill is unjust to the old States of the Union in many respects;

and amongst these States, so far as the public lands are concerned, we

may enumerate every State east of the Mississippi with the exception of

Wisconsin and a portion of Minnesota.

It is a common belief within their limits that the older States of the

Confederacy do not derive their proportionate benefit from the public

lands. This is not a just opinion. It is doubtful whether they could be

rendered more beneficial to these States under any other system than

that which at present exists. Their proceeds go into the common Treasury

to accomplish the objects of the Government, and in this manner all

the States are benefited in just proportion. But to give this common

inheritance away would deprive the old States of their just proportion

of this revenue without holding out any the least corresponding

advantage. Whilst it is our common glory that the new States have become

so prosperous and populous, there is no good reason why the old States

should offer premiums to their own citizens to emigrate from them to the

West. That land of promise presents in itself sufficient allurements to

our young and enterprising citizens without any adventitious aid. The

offer of free farms would probably have a powerful effect in encouraging

emigration, especially from States like Illinois, Tennessee, and

Kentucky, to the west of the Mississippi, and could not fail to reduce

the price of property within their limits. An individual in States thus

situated would not pay its fair value for land when by crossing the

Mississippi he could go upon the public lands and obtain a farm almost

without money and without price.

6. This bill will open one vast field for speculation. Men will not pay

$1.25 for lands when they can purchase them for one-fifth of that price.

Large numbers of actual settlers will be carried out by capitalists upon

agreements to give them half of the land for the improvement of the

other half. This can not be avoided. Secret agreements of this kind will

be numerous. In the entry of graduated lands the experience of the Land

Office justifies this objection.

7. We ought ever to maintain the most perfect equality between native

and naturalized citizens. They are equal, and ought always to remain

equal, before the laws. Our laws welcome foreigners to our shores, and

their rights will ever be respected. Whilst these are the sentiments on

which I have acted through life, it is not, in my opinion, expedient to

proclaim to all the nations of the earth that whoever shall arrive in

this country from a foreign shore and declare his intention to become a

citizen shall receive a farm of 160 acres at a cost of 25 or 20 cents

per acre if he will only reside on it and cultivate it. The invitation

extends to all, and if this bill becomes a law we may have numerous

actual settlers from China and other Eastern nations enjoying its

benefits on the great Pacific Slope. The bill makes a distinction in

favor of such persons over native and naturalized citizens. When applied

to such citizens, it is confined to such as are the heads of families,

but when applicable to persons of foreign birth recently arrived on our

shores there is no such restriction. Such persons need not be the heads

of families provided they have filed a declaration of intention to

become citizens. Perhaps this distinction was an inadvertence, but

it is, nevertheless, a part of the bill.

8. The bill creates an unjust distinction between persons claiming the

benefit of the preemption laws. Whilst it reduces the price of the land

to existing preemptors to 62-1/2 cents per acre and gives them a credit

on this sum for two years from the present date, no matter how long they

may have hitherto enjoyed the land, future preemptors will be compelled

to pay double this price per acre. There is no reason or justice in this

discrimination.

9. The effect of this bill on the public revenue must be apparent to

all. Should it become a law, the reduction of the price of land to

actual settlers to 25 cents per acre, with a credit of five years, and

the reduction of its price to existing preemptors to 62-1/2 cents per

acre, with a credit of two years, will so diminish the sale of other

public lands as to render the expectation of future revenue from that

source, beyond the expenses of survey and management, illusory. The

Secretary of the Interior estimated the revenue from the public lands

for the next fiscal year at $4,000,000, on the presumption that the

present land system would remain unchanged. Should this bill become

a law, he does not believe that $1,000,000 will be derived from this

source.

10. This bill lays the ax at the root of our present admirable land

system. The public land is an inheritance of vast value to us and to

our descendants. It is a resource to which we can resort in the hour of

difficulty and danger. It has been managed heretofore with the greatest

wisdom under existing laws. In this management the rights of actual

settlers have been conciliated with the interests of the Government. The

price to all has been reduced from $2 per acre to $1.25 for fresh lands,

and the claims of actual settlers have been secured by our preemption

laws. Any man can now acquire a title in fee simple to a homestead of

80 acres, at the minimum price of $1.25 per acre, for $100. Should the

present system remain, we shall derive a revenue from the public lands

of $10,000,000 per annum, when the bounty-land warrants are satisfied,

without oppression to any human being. In time of war, when all other

sources of revenue are seriously impaired, this will remain intact.

It may become the best security for public loans hereafter, in times

of difficulty and danger, as it has been heretofore. Why should we

impair or destroy the system at the present moment? What necessity

exists for it?

The people of the United States have advanced with steady but rapid

strides to their present condition of power and prosperity. They have

been guided in their progress by the fixed principle of protecting the

equal rights of all, whether they be rich or poor. No agrarian sentiment

has ever prevailed among them. The honest poor man, by frugality and

industry, can in any part of our country acquire a competence for

himself and his family, and in doing this he feels that he eats the

bread of independence. He desires no charity, either from the Government

or from his neighbors. This bill, which proposes to give him land at an

almost nominal price out of the property of the Government, will go far

to demoralize the people and repress this noble spirit of independence.

It may introduce among us those pernicious social theories which have

proved so disastrous in other countries.

A Compilation of the Messages and Papers of the Presidents. Volume 5, part 4: James Buchanan · 第 211 / 249 题