JAMES K. POLK.

WASHINGTON, _August 8, 1846_.

_To the Senate of the United States_:

I return to the Senate, in which it originated, the bill entitled "An

act to provide for the ascertainment and satisfaction of claims of

American citizens for spoliations committed by the French prior to the

31st day of July, 1801," which was presented to me on the 6th instant,

with my objections to its becoming a law.

In attempting to give to the bill the careful examination it requires,

difficulties presented themselves in the outset from the remoteness of

the period to which the claims belong, the complicated nature of the

transactions in which they originated, and the protracted negotiations

to which they led between France and the United States.

The short time intervening between the passage of the bill by Congress

and the approaching close of their session, as well as the pressure of

other official duties, have not permitted me to extend my examination of

the subject into its minute details; but in the consideration which I

have been able to give to it I find objections of a grave character to

its provisions.

For the satisfaction of the claims provided for by the bill it is

proposed to appropriate $5,000,000. I can perceive no legal or equitable

ground upon which this large appropriation can rest. A portion of the

claims have been more than half a century before the Government in its

executive or legislative departments, and all of them had their origin

in events which occurred prior to the year 1800. Since 1802 they have

been from time to time before Congress. No greater necessity or

propriety exists for providing for these claims at this time than has

existed for near half a century, during all which period this

questionable measure has never until now received the favorable

consideration of Congress. It is scarcely probable, if the claim had

been regarded as obligatory upon the Government or constituting an

equitable demand upon the Treasury, that those who were contemporaneous

with the events which gave rise to it should not long since have done

justice to the claimants. The Treasury has often been in a condition to

enable the Government to do so without inconvenience if these claims had

been considered just. Mr. Jefferson, who was fully cognizant of the

early dissensions between the Governments of the United States and

France, out of which the claims arose, in his annual message in 1808

adverted to the large surplus then in the Treasury and its "probable

accumulation," and inquired whether it should "lie unproductive in the

public vaults;" and yet these claims, though then before Congress, were

not recognized or paid. Since that time the public debt of the

Revolution and of the War of 1812 has been extinguished, and at several

periods since the Treasury has been in possession of large surpluses

over the demands upon it. In 1836 the surplus amounted to many millions

of dollars, and, for want of proper objects to which to apply it, it was

directed by Congress to be deposited with the States.

During this extended course of time, embracing periods eminently

favorable for satisfying all just demands upon the Government, the

claims embraced in this bill met with no favor in Congress beyond

reports of committees in one or the other branch. These circumstances

alone are calculated to raise strong doubts in respect to these claims,

more especially as all the information necessary to a correct judgment

concerning them has been long before the public. These doubts are

strengthened in my mind by the examination I have been enabled to give

to the transactions in which they originated.

The bill assumes that the United States have become liable in these

ancient transactions to make reparation to the claimants for injuries

committed by France. Nothing was obtained for the claimants by

negotiation; and the bill assumes that the Government has become

responsible to them for the aggressions of France. I have not been able

to satisfy myself of the correctness of this assumption, or that the

Government has become in any way responsible for these claims. The

limited time allotted me before your adjournment precludes the

possibility of reiterating the facts and arguments by which in preceding

Congresses these claims have been successfully resisted.

The present is a period peculiarly unfavorable for the satisfaction of

claims of so large an amount and, to say the least of them, of so

doubtful a character. There is no surplus in the Treasury. A public debt

of several millions of dollars has been created within the last few

years.

We are engaged in a foreign war, uncertain in its duration and involving

heavy expenditures, to prosecute which Congress has at its present

session authorized a further loan; so that in effect the Government,

should this bill become a law, borrows money and increases the public

debt to pay these claims.

It is true that by the provisions of the bill payment is directed to be

made in land scrip instead of money, but the effect upon the Treasury

will be the same. The public lands constitute one of the sources of

public revenue, and if these claims be paid in land scrip it will from

the date of its issue to a great extent cut off from the Treasury the

annual income from the sales of the public lands, because payments for

lands sold by the Government may be expected to be made in scrip until

it is all redeemed. If these claims be just, they ought to be paid in

money, and not in anything less valuable. The bill provides that they

shall be paid in land scrip, whereby they are made in effect to be a

mortgage upon the public lands in the new States; a mortgage, too, held

in great part, if not wholly, by nonresidents of the States in which the

lands lie, who may secure these lands to the amount of several millions

of acres, and then demand for them exorbitant prices from the citizens

of the States who may desire to purchase them for settlement, or they

may keep them out of the market, and thus retard the prosperity and

growth of the States in which they are situated. Why this unusual mode

of satisfying demands on the Treasury has been resorted to does not

appear. It is not consistent with a sound public policy. If it be done

in this case, it may be done in all others. It would form a precedent

for the satisfaction of all other stale and questionable claims in the

same manner, and would undoubtedly be resorted to by all claimants who

after successive trials shall fail to have their claims recognized and

paid in money by Congress.

This bill proposes to appropriate $5,000,000, to be paid in land scrip,

and provides that "no claim or memorial shall be received by the

commissioners" authorized by the act "unless accompanied by a release or

discharge of the United States from all other and further compensation"

than the claimant "may be entitled to receive under the provisions of

this act." These claims are estimated to amount to a much larger sum

than $5,000,000, and yet the claimant is required to release to the

Government all other compensation, and to accept his share of a fund

which is known to be inadequate. If the claims be well founded, it would

be unjust to the claimants to repudiate any portion of them, and the

payment of the remaining sum could not be hereafter resisted. This bill

proposes to pay these claims not in the currency known to the

Constitution, and not to their full amount.

Passed, as this bill has been, near the close of the session, and when

many measures of importance necessarily claim the attention of Congress,

and possibly without that full and deliberate consideration which the

large sum it appropriates and the existing condition of the Treasury and

of the country demand, I deem it to be my duty to withhold my approval,

that it may hereafter undergo the revision of Congress. I have come to

this conclusion with regret. In interposing my objections to its

becoming a law I am fully sensible that it should be an extreme case

which would make it the duty of the Executive to withhold his approval

of any bill passed by Congress upon the ground of its inexpediency

alone. Such a case I consider this to be.

A Compilation of the Messages and Papers of the Presidents. Volume 4, part 3: James Knox Polk · 第 105 / 289 题