We have heretofore disposed of 363,862,464 acres of the public land. Whilst

the public lands, as a source of revenue, are of great importance, their

importance is far greater as furnishing homes for a hardy and independent

race of honest and industrious citizens who desire to subdue and cultivate

the soil. They ought to be administered mainly with a view of promoting

this wise and benevolent policy. In appropriating them for any other

purpose we ought to use even greater economy than if they had been

converted into money and the proceeds were already in the public Treasury.

To squander away this richest and noblest inheritance which any people have

ever enjoyed upon objects of doubtful constitutionality or expediency would

be to violate one of the most important trusts ever committed to any

people. Whilst I do not deny to Congress the power, when acting bona fide

as a proprietor, to give away portions of them for the purpose of

increasing the value of the remainder, yet, considering the great

temptation to abuse this power, we can not be too cautious in its exercise.

Actual settlers under existing laws are protected against other purchasers

at the public sales in their right of preemption to the extent of a quarter

section, or 160 acres, of land. The remainder may then be disposed of at

public or entered at private sale in unlimited quantities. Speculation has

of late years prevailed to a great extent in the public lands. The

consequence has been that large portions of them have become the property

of individuals and companies, and thus the price is greatly enhanced to

those who desire to purchase for actual settlement. In order to limit the

area of speculation as much as possible, the extinction of the Indian title

and the extension of the public surveys ought only to keep pace with the

tide of emigration.

If Congress should hereafter grant alternate sections to States or

companies, as they have done heretofore, I recommend that the intermediate

sections retained by the Government should be subject to preemption by

actual settlers.

It ought ever to be our cardinal policy to reserve the public lands as much

as may be for actual settlers, and this at moderate prices. We shall thus

not only best promote the prosperity of the new States and Territories and

the power of the Union, but shall secure homes for our posterity for many

generations.

The extension of our limits has brought within our jurisdiction many

additional and populous tribes of Indians, a large proportion of which are

wild, untractable, and difficult to control. Predatory and warlike in their

disposition and habits, it is impossible altogether to restrain them from

committing aggressions on each other, as well as upon our frontier citizens

and those emigrating to our distant States and Territories. Hence expensive

military expeditions are frequently necessary to overawe and chastise the

more lawless and hostile. The present system of making them valuable

presents to influence them to remain at peace has proved ineffectual. It is

believed to be the better policy to colonize them in suitable localities

where they can receive the rudiments of education and be gradually induced

to adopt habits of industry. So far as the experiment has been tried it has

worked well in practice, and it will doubtless prove to be less expensive

than the present system.

The whole number of Indians within our territorial limits is believed to

be, from the best data in the Interior Department, about 325,000. The

tribes of Cherokees, Choctaws, Chickasaws, and Creeks settled in the

Territory set apart for them west of Arkansas are rapidly advancing in

education and in all the arts of civilization and self-government and we

may indulge the agreeable anticipation that at no very distant day they

will be incorporated into the Union as one of the sovereign States.

It will be seen from the report of the Postmaster-General that the

Post-Office Department still continues to depend on the Treasury, as it has

been compelled to do for several years past, for an important portion of

the means of sustaining and extending its operations. Their rapid growth

and expansion are shown by a decennial statement of the number of

post-offices and the length of post-roads, commencing with the year 1827.

In that year there were 7,000 post-offices; in 1837, 11,177; in 1847,

15,146, and in 1857 they number 26,586. In this year 1,725 post-offices

have been established and 704 discontinued, leaving a net increase of

1,021. The postmasters of 368 offices are appointed by the President.

The length of post-roads in 1827 was 105,336 miles; in 1837,141,242 miles;

in 1847, 153,818 miles, and in the year 1857 there are 242,601 miles of

post-road, including 22,530 miles of railroad on which the mails are

transported.

The expenditures of the Department for the fiscal year ending on the 30th

June, 1857, as adjusted by the Auditor, amounted to $11,507,670. To defray

these expenditures there was to the credit of the Department on the 1st

July, 1856, the sum of $789,599; the gross revenue of the year, including

the annual allowances for the transportation of free mail matter, produced

$8,053,951, and the remainder was supplied by the appropriation from the

Treasury of $2,250,000 granted by the act of Congress approved August 18,

1856, and by the appropriation of $666,883 made by the act of March 3,

1857, leaving $252,763 to be carried to the credit of the Department in the

accounts of the current year. I commend to your consideration the report of

the Department in relation to the establishment of the overland mail route

from the Mississippi River to San Francisco, Cal. The route was selected

with my full concurrence, as the one, in my judgment, best calculated to

attain the important objects contemplated by Congress.

The late disastrous monetary revulsion may have one good effect should it

cause both the Government and the people to return to the practice of a

wise and judicious economy both in public and private expenditures.

An overflowing Treasury has led to habits of prodigality and extravagance

in our legislation. It has induced Congress to make large appropriations to

objects for which they never would have provided had it been necessary to

raise the amount of revenue required to meet them by increased taxation or

by loans. We are now compelled to pause in our career and to scrutinize our

expenditures with the utmost vigilance; and in performing this duty I

pledge my cooperation to the extent of my constitutional competency.

It ought to be observed at the same time that true public economy does not

consist in withholding the means necessary to accomplish important national

objects intrusted to us by the Constitution, and especially such as may be

necessary for the common defense. In the present crisis of the country it

is our duty to confine our appropriations to objects of this character,

unless in cases where justice to individuals may demand a different course.

In all cases care ought to be taken that the money granted by Congress

shall be faithfully and economically applied.

Under the Federal Constitution "every bill which shall have passed the

House of Representatives and the Senate shall, before it become a law," be

approved and signed by the President; and if not approved, "he shall return

it with his objections to that House in which it shall have originated." In

order to perform this high and responsible duty, sufficient time must be

allowed the President to read and examine every bill presented to him for

approval. Unless this be afforded, the Constitution becomes a dead letter

in this particular, and; even worse, it becomes a means of deception. Our

constituents, seeing the President's approval and signature attached to

each act of Congress, are induced to believe that he has actually performed

his duty, when in truth nothing is in many cases more unfounded.

From the practice of Congress such an examination of each bill as the

Constitution requires has been rendered impossible. The most important

business of each session is generally crowded into its last hours, and the

alternative presented to the President is either to violate the

constitutional duty which he owes to the people and approve bills which for

want of time it is impossible he should have examined, or by his refusal to

do this subject the country and individuals to great loss and

inconvenience.

Besides, a practice has grown up of late years to legislate in

appropriation bills at the last hours of the session on new and important

subjects. This practice constrains the President either to suffer measures

to become laws which he does not approve or to incur the risk of stopping

the wheels of the Government by vetoing an appropriation bill. Formerly

such bills were confined to specific appropriations for carrying into

effect existing laws and the well-established policy of the country, and

little time was then requited by the President for their examination.

For my own part, I have deliberately determined that I shall approve no

bills which I have not examined, and it will be a case of extreme and most

urgent necessity which shall ever induce me to depart from this rule. I

therefore respectfully but earnestly recommend that the two Houses would

allow the President at least two days previous to the adjournment of each

session within which no new bill shall be presented to him for approval.

Under the existing joint rule one day is allowed, but this rule has been

hitherto so constantly suspended in practice that important bills continue

to be presented to him up till the very last moments of the session. In a

large majority of cases no great public inconvenience can arise from the

want of time to examine their provisions, because the Constitution has

declared that if a bill be presented to the President within the last ten

days of the session he is not required to return it, either with an

approval or with a veto, "in which case it shall not be a law." It may then

lie over and be taken up and passed at the next session. Great

inconvenience would only be experienced in regard to appropriation bills,

but, fortunately, under the late excellent law allowing a salary instead of

a per diem to members of Congress the expense and inconvenience of a called

session will be greatly reduced.

I can not conclude without commending to your favorable consideration the

interest of the people of this District. Without a representative on the

floor of Congress, they have for this very reason peculiar claims upon our

just regard. To this I know, from my long acquaintance with them, they are

eminently entitled.

***

State of the Union Address

James Buchanan

December 6, 1858

Fellow-Citizens of the Senate and House of Representatives:

When we compare the condition of the country at the present day with what

it was one year ago at the meeting of Congress, we have much reason for

gratitude to that Almighty Providence which has never failed to interpose

for our relief at the most critical periods of our history. One year ago

the sectional strife between the North and the South on the dangerous

subject of slavery had again become so intense as to threaten the peace and

perpetuity of the Confederacy. The application for the admission of Kansas

as a State into the Union fostered this unhappy agitation and brought the

whole subject once more before Congress. It was the desire of every patriot

that such measures of legislation might be adopted as would remove the

excitement from the States and confine it to the Territory where it

legitimately belonged. Much has been done, I am happy to say, toward the

accomplishment of this object during the last session of Congress. The

Supreme Court of the United States had previously decided that all American

citizens have an equal right to take into the Territories whatever is held

as property under the laws of any of the States, and to hold such property

there under the guardianship of the Federal Constitution so long as the

Territorial condition shall remain.

This is now a well-established position, and the proceedings of the last

session were alone wanting to give it practical effect. The principle has

been recognized in some form or other by an almost unanimous vote of both

Houses of Congress that a Territory has a right to come into the Union

either as a free or a slave State, according to the will of a majority of

its people. The just equality of all the States has thus been vindicated

and a fruitful source of dangerous dissension among them has been removed.

Whilst such has been the beneficial tendency of your legislative

proceedings outside of Kansas, their influence has nowhere been so happy as

within that Territory itself. Left to manage and control its own affairs in

its own way, without the pressure of external influence, the revolutionary

Topeka organization and all resistance to the Territorial government

established by Congress have been finally abandoned. As a natural

consequence that fine Territory now appears to be tranquil and prosperous

and is attracting increasing thousands of immigrants to make it their happy

home.

The past unfortunate experience of Kansas has enforced the lesson, so often

already taught, that resistance to lawful authority under our form of

government can not fail in the end to prove disastrous to its authors. Had

the people of the Territory yielded obedience to the laws enacted by their

legislature, it would at the present moment have contained a large

additional population of industrious and enterprising citizens, who have

been deterred from entering its borders by the existence of civil strife

and organized rebellion.

It was the resistance to rightful authority and the persevering attempts to

establish a revolutionary government under the Topeka constitution which

caused the people of Kansas to commit the grave error of refusing to vote

for delegates to the convention to frame a constitution under a law not

denied to be fair and just in its provisions. This refusal to vote has been

the prolific source of all the evils which have followed, In their

hostility to the Territorial government they disregarded the principle,

absolutely essential to the working of our form of government, that a

majority of those who vote, not the majority who may remain at home, from

whatever cause, must decide the result of an election. For this reason,

seeking to take advantage of their own error, they denied the authority of

the convention thus elected to frame a constitution.

The convention, notwithstanding, proceeded to adopt a constitution

unexceptionable in its general features, and providing for the submission

of the slavery question to a vote of the people, which, in my opinion, they

were bound to do under the Kansas and Nebraska act. This was the

all-important question which had alone convulsed the Territory; and yet the

opponents of the lawful government, persisting in their first error,

refrained from exercising their right to vote, and preferred that slavery

should continue rather than surrender their revolutionary Topeka

organization.

A wiser and better spirit seemed to prevail before the first Monday of

January last, when an election was held under the constitution. A majority

of the people then voted for a governor and other State officers, for a

Member of Congress and members of the State legislature. This election was

warmly contested by the two political parties in Kansas, and a greater vote

was polled than at any previous election. A large majority of the members

of the legislature elect belonged to that party which had previously

refused to vote. The antislavery party were thus placed in the ascendant,

and the political power of the State was in their own hands. Had Congress

admitted Kansas into the Union under the Lecompton constitution, the

legislature might at its very first session have submitted the question to

a vote of the people whether they would or would not have a convention to

amend their constitution, either on the slavery or any other question, and

have adopted all necessary means for giving speedy effect to the will of

the majority. Thus the Kansas question would have been immediately and

finally settled.

Under these circumstances I submitted to Congress the constitution thus

framed, with all the officers already elected necessary to put the State

government into operation, accompanied by a strong recommendation in favor

of the admission of Kansas as a State. In the course of my long public life

I have never performed any official act which in the retrospect has

afforded me more heartfelt satisfaction. Its admission could have inflicted

no possible injury on any human being, whilst it would within a brief

period have restored peace to Kansas and harmony to the Union. In that

event the slavery question would ere this have been finally settled

according to the legally expressed will of a majority of the voters, and

popular sovereignty would thus have been vindicated in a constitutional

manner.

With my deep convictions of duty I could have pursued no other course. It

is true that as an individual I had expressed an opinion, both before and

during the session of the convention, in favor of submitting the remaining

clauses of the constitution, as well as that concerning slavery, to the

people. But, acting in an official character, neither myself nor any human

authority had the power to rejudge the proceedings of the convention and

declare the constitution which it had framed to be a nullity. To have done

this would have been a violation of the Kansas and Nebraska act, which left

the people of the Territory "perfectly free to form and regulate their

domestic institutions in their own way, subject only to the Constitution of

the United States." It would equally have violated the great principle of

popular sovereignty, at the foundation of our institutions, to deprive the

people of the power, if they thought proper to exercise it, of confiding to

delegates elected by themselves the trust of framing a constitution without

requiring them to subject their constituents to the trouble, expense, and

delay of a second election. It would have been in opposition to many

precedents in our history, commencing in the very best age of the Republic,

of the admission of Territories as States into the Union without a previous

vote of the people approving their constitution.

It is to be lamented that a question so insignificant when viewed in its

practical effects on the people of Kansas, whether decided one way or the

other, should have kindled such a flame of excitement throughout the

country. This reflection may prove to be a lesson of wisdom and of warning

for our future guidance. Practically considered, the question is simply

whether the people of that Territory should first come into the Union and

then change any provision in their constitution not agreeable to

themselves, or accomplish the very same object by remaining out of the

Union and framing another constitution in accordance with their will. In

either case the result would be precisely the same. The only difference, in

point of fact, is that the object would have been much sooner attained and

the pacification of Kansas more speedily effected had it been admitted as a

State during the last session of Congress.

My recommendation, however, for the immediate admission of Kansas failed to

meet the approbation of Congress. They deemed it wiser to adopt a different

measure for the settlement of the question. For my own part, I should have

been willing to yield my assent to almost any constitutional measure to

accomplish this object. I therefore cordially acquiesced in what has been

called the English compromise and approved the "act for the admission of

the State of Kansas into the Union" upon the terms therein prescribed.

Under the ordinance which accompanied the Lecompton constitution the people

of Kansas had claimed double the quantity of public lands for the support

of common schools which had ever been previously granted to any State upon

entering the Union, and also the alternate sections of land for 12 miles on

each side of two railroads proposed to be constructed from the northern to

the southern boundary and from the eastern to the western boundary of the

State. Congress, deeming these claims unreasonable, provided by the act of

May 4, 1858, to which I have just referred, for the admission of the State

on an equal footing with the original States, but "upon the fundamental

condition precedent" that a majority of the people thereof, at an election

to be held for that purpose, should, in place of the very large grants of

public lands which they had demanded under the ordinance, accept such

grants as had been made to Minnesota and other new States. Under this act,

should a majority reject the proposition offered them, "it shall be deemed

and held that the people of Kansas do not desire admission into the Union

with said constitution under the conditions set forth in said proposition."

In that event the act authorizes the people of the Territory to elect

delegates to form a constitution and State government for themselves

"whenever, and not before, it is ascertained by a census, duly and legally

taken, that the population of said Territory equals or exceeds the ratio of

representation required for a member of the House of Representatives of the

Congress of the United States." The delegates thus assembled "shall first

determine by a vote whether it is the wish of the people of the proposed

State to be admitted into the Union at that time, and, if so, shall proceed

to form a constitution and take all necessary steps for the establishment

of a State government in conformity with the Federal Constitution." After

this constitution shall have been formed, Congress, carrying out the

principles of popular sovereignty and nonintervention, have left "the mode

and manner of its approval or ratification by the people of the proposed

State" to be "prescribed by law," and they "shall then be admitted into the

Union as a State under such constitution, thus fairly and legally made,

with or without slavery, as said constitution may prescribe."

An election was held throughout Kansas, in pursuance of the provisions of

this act, on the 2d day of August last, and it resulted in the rejection by

a large majority of the proposition submitted to the people by Congress.

This being the case, they are now authorized to form another constitution,

preparatory to admission into the Union, but not until their number, as

ascertained by a census, shall equal or exceed the ratio required to elect

a member to the House of Representatives.

It is not probable, in the present state of the case, that a third

constitution can be lawfully framed and presented to Congress by Kansas

before its population shall have reached the designated number. Nor is it

to be presumed that after their sad experience in resisting the Territorial

laws they will attempt to adopt a constitution in express violation of the

provisions of an act of Congress. During the session of 1856 much of the

time of Congress was occupied on the question of admitting Kansas under the

Topeka constitution. Again, nearly the whole of the last session was

devoted to the question of its admission under the Lecompton constitution.

Surely it is not unreasonable to require the people of Kansas to wait

before making a third attempt until the number of their inhabitants shall

amount to 93,420. During this brief period the harmony of the States as

well as the great business interests of the country demand that the people

of the Union shall not for a third time be convulsed by another agitation

on the Kansas question. By waiting for a short time and acting in obedience

to law Kansas will glide into the Union without the slightest impediment.

This excellent provision, which Congress have applied to Kansas, ought to

be extended and rendered applicable to all Territories which may hereafter

seek admission into the Union.

Whilst Congress possess the undoubted power of admitting a new State into

the Union, however small may be the number of its inhabitants, yet this

power ought not, in my opinion, to be exercised before the population shall

amount to the ratio required by the act for the admission of Kansas. Had

this been previously the rule, the country would have escaped all the evils

and misfortunes to which it has been exposed by the Kansas question.

State of the Union Addresses(#5023) · 第 3 / 14 段