The sixth article is as follows, to wit, that--

All debts contracted and engagements entered into before the adoption of

this Constitution shall be as valid against the United States under this

Constitution as under the Confederation.

For a correct understanding of the terms used in the third section of

the fourth article, above quoted, reference should be had to the history

of the times in which the Constitution was formed and adopted. It was

decided upon in convention on the 17th September, 1787, and by it

Congress was empowered "to dispose of," etc., "the territory or other

property belonging to the United States." The only territory then

belonging to the United States was that then recently ceded by the

several States, to wit: By New York in 1781, by Virginia in 1784, by

Massachusetts in 1785, and by South Carolina in August, 1787, only

the month before the formation of the Constitution. The cession from

Virginia contained the following provision:

That all the lands within the territory so ceded to the United States,

and not reserved for or appropriated to any of the before-mentioned

purposes or disposed of in bounties to the officers and soldiers of the

American Army, shall be considered a common fund for the use and benefit

of such of the United States as have become or shall become members of

the Confederation or Federal Alliance of the said States, Virginia

included, according to their usual respective proportions in the general

charge and expenditure, and shall be faithfully and _bona fide disposed

of_ for that purpose and for no other use or purpose whatsoever.

Here the object for which these lands are to be disposed of is clearly

set forth, and the power to dispose of them granted by the third section

of the fourth article of the Constitution clearly contemplates such

disposition only. If such be the fact, and in my mind there can be no

doubt of it, then you have again not only no implication in favor of the

contemplated grant, but the strongest authority against it. Furthermore,

this bill is in violation of the faith of the Government pledged in the

act of January 28, 1847. The nineteenth section of that act declares:

That for the payment of the stock which may be created under the

provisions of this act the sales of the public lands are hereby pledged;

and it is hereby made the duty of the Secretary of the Treasury to use

and apply all moneys which may be received into the Treasury for the

sales of the public lands after the 1st day of January, 1848, first,

to pay the interest on all stocks issued by virtue of this act, and,

secondly, to use the balance of said receipts, after paying the interest

aforesaid, in the purchase of said stocks at their market value, etc.

The debts then contracted have not been liquidated, and the language of

this section and the obligations of the United States under it are too

plain to need comment.

I have been unable to discover any distinction on constitutional grounds

or grounds of expediency between an appropriation of $10,000,000

directly from the money in the Treasury for the object contemplated and

the appropriation of lands presented for my sanction, and yet I can not

doubt that if the bill proposed $10,000,000 from the Treasury of the

United States for the support of the indigent insane in the several

States that the constitutional question involved in the act would have

attracted forcibly the attention of Congress.

I respectfully submit that in a constitutional point of view it is

wholly immaterial whether the appropriation be in money or in land.

The public domain is the common property of the Union just as much as

the surplus proceeds of that and of duties on imports remaining

unexpended in the Treasury. As such it has been pledged, is now pledged,

and may need to be so pledged again for public indebtedness.

As property it is distinguished from actual money chiefly in this

respect, that its profitable management sometimes requires that portions

of it be appropriated to local objects in the States wherein it may

happen to lie, as would be done by any prudent proprietor to enhance the

sale value of his private domain. All such grants of land are in fact

a disposal of it for value received, but they afford no precedent or

constitutional reason for giving away the public lands. Still less do

they give sanction to appropriations for objects which have not been

intrusted to the Federal Government, and therefore belong exclusively

to the States.

To assume that the public lands are applicable to ordinary State

objects, whether of public structures, police, charity, or expenses of

State administration, would be to disregard to the amount of the value

of the public lands all the limitations of the Constitution and confound

to that extent all distinctions between the rights and powers of the

States and those of the United States; for if the public lands may be

applied to the support of the poor, whether sane or insane, if the

disposal of them and their proceeds be not subject to the ordinary

limitations of the Constitution, then Congress possesses unqualified

power to provide for expenditures in the States by means of the public

lands, even to the degree of defraying the salaries of governors,

judges, and all other expenses of the government and internal

administration within the several States.

The conclusion from the general survey of the whole subject is to

my mind irresistible, and closes the question both of right and of

expediency so far as regards the principle of the appropriation proposed

in this bill. Would not the admission of such power in Congress to

dispose of the public domain work the practical abrogation of some

of the most important provisions of the Constitution?

If the systematic reservation of a definite portion of the public lands

(the sixteenth sections) in the States for the purposes of education and

occasional grants for similar purposes be cited as contradicting these

conclusions, the answer as it appears to me is obvious and satisfactory.

Such reservations and grants, besides being a part of the conditions on

which the proprietary right of the United States is maintained, along

with the eminent domain of a particular State, and by which the public

land remains free from taxation in the State in which it lies as long

as it remains the property of the United States, are the acts of a mere

landowner disposing of a small share of his property in a way to augment

the value of the residue and in this mode to encourage the early

occupation of it by the industrious and intelligent pioneer.

The great example of apparent donation of lands to the States likely

to be relied upon as sustaining the principles of this bill is the

relinquishment of swamp lands to the States in which they are situated,

but this also, like other grants already referred to, was based

expressly upon grounds clearly distinguishable in principle from any

which can be assumed for the bill herewith returned, viz, upon the

interest and duty of the proprietor. They were charged, and not without

reason, to be a nuisance to the inhabitants of the surrounding country.

The measure was predicated not only upon the ground of the disease

inflicted upon the people of the States, which the United States could

not justify as a just and honest proprietor, but also upon an express

limitation of the application of the proceeds in the first instance

to purposes of levees and drains, thus protecting the health of the

inhabitants and at the same time enhancing the value of the remaining

lands belonging to the General Government.

It is not to be denied that Congress, while administering the public

lands as a proprietor within the principle distinctly announced in my

annual message, may sometimes have failed to distinguish accurately

between objects which are and which are not within its constitutional

powers.

After the most careful examination I find but two examples in the acts

of Congress which furnish any precedent for the present bill, and those

examples will, in my opinion, serve rather as a warning than as an

inducement to tread in the same path.

The first is the act of March 3, 1819, granting a township of land to

the Connecticut asylum for the education of the deaf and dumb; the

second, that of April 5, 1826, making a similar grant of land to the

Kentucky asylum for teaching the deaf and dumb--the first more than

thirty years after the adoption of the Constitution and the second more

than a quarter of a century ago. These acts were unimportant as to the

amount appropriated, and so far as I can ascertain were passed on two

grounds: First, that the object was a charitable one, and, secondly,

that it was national. To say that it was a charitable object is only

to say that it was an object of expenditure proper for the competent

authority; but it no more tended to show that it was a proper object of

expenditure by the United States than is any other purely local object

appealing to the best sympathies of the human heart in any of the

States. And the suggestion that a school for the mental culture of the

deaf and dumb in Connecticut or Kentucky is a national object only

shows how loosely this expression has been used when the purpose was

to procure appropriations by Congress. It is not perceived how a school

of this character is otherwise national than is any establishment of

religious or moral instruction. All the pursuits of industry, everything

which promotes the material or intellectual well-being of the race,

every ear of corn or boll of cotton which grows, is national in the same

sense, for each one of these things goes to swell the aggregate of

national prosperity and happiness of the United States; but it confounds

all meaning of language to say that these things are "national," as

equivalent to "Federal," so as to come within any of the classes of

appropriation for which Congress is authorized by the Constitution

to legislate.

It is a marked point of the history of the Constitution that when it was

proposed to empower Congress to establish a university the proposition

was confined to the District intended for the future seat of Government

of the United States, and that even that proposed clause was omitted in

consideration of the exclusive powers conferred on Congress to legislate

for that District. Could a more decisive indication of the true

construction and the spirit of the Constitution in regard to all matters

of this nature have been given? It proves that such objects were

considered by the Convention as appertaining to local legislation only;

that they were not comprehended, either expressly or by implication,

in the grant of general power to Congress, and that consequently they

remained with the several States.

The general result at which I have arrived is the necessary consequence

of those views of the relative rights, powers, and duties of the States

and of the Federal Government which I have long entertained and often

expressed and in reference to which my convictions do but increase in

force with time and experience.

I have thus discharged the unwelcome duty of respectfully stating my

objections to this bill, with which I cheerfully submit the whole

subject to the wisdom of Congress.

A Compilation of the Messages and Papers of the Presidents. Volume 5, part 3: Franklin Pierce · 第 112 / 383 题