DECEMBER 4, 1833.

_To the Senate of the United States_:

At the close of the last session of Congress I received from that body

a bill entitled "An act to appropriate for a limited time the proceeds

of the sales of the public lands of the United States and for granting

lands to certain States." The brief period then remaining before

the rising of Congress and the extreme pressure of official duties

unavoidable on such occasions did not leave me sufficient time for that

full consideration of the subject which was due to its great importance.

Subsequent consideration and reflection have, however, confirmed the

objections to the bill which presented themselves to my mind upon its

first perusal, and have satisfied me that it ought not to become a law.

I felt myself, therefore, constrained to withhold from it my approval,

and now return it to the Senate, in which it originated, with the

reasons on which my dissent is founded.

I am fully sensible of the importance, as it respects both the harmony

and union of the States, of making, as soon as circumstances will allow

of it, a proper and final disposition of the whole subject of the public

lands, and any measure for that object providing for the reimbursement

to the United States of those expenses with which they are justly

chargeable that may be consistent with my views of the Constitution,

sound policy, and the rights of the respective States will readily

receive my cooperation. This bill, however, is not of that character.

The arrangement it contemplates is not permanent, but limited to five

years only, and in its terms appears to anticipate alterations within

that time, at the discretion of Congress; and it furnishes no adequate

security against those continued agitations of the subject which it

should be the principal object of any measure for the disposition of

the public lands to avert.

Neither the merits of the bill under consideration nor the validity of

the objections which I have felt it to be my duty to make to its passage

can be correctly appreciated without a full understanding of the manner

in which the public lands upon which it is intended to operate were

acquired and the conditions upon which they are now held by the United

States. I will therefore precede the statement of those objections by a

brief but distinct exposition of these points.

The waste lands within the United States constituted one of the early

obstacles to the organization of any government for the protection of

their common interests. In October, 1777, while Congress were framing

the Articles of Confederation, a proposition was made to amend them to

the following effect, viz:

That the United States in Congress assembled shall have the sole and

exclusive right and power to ascertain and fix the western boundary of

such States as claim to the Mississippi or South Sea, and lay out the

land beyond the boundary so ascertained into separate and independent

States from time to time as the numbers and circumstances of the people

thereof may require.

It was, however, rejected, Maryland only voting for it, and so difficult

did the subject appear that the patriots of that body agreed to waive it

in the Articles of Confederation and leave it for future settlement.

On the submission of the Articles to the several State legislatures for

ratification the most formidable objection was found to be in this

subject of the waste lands. Maryland, Rhode Island, and New Jersey

instructed their delegates in Congress to move amendments to them

providing that the waste or Crown lands should be considered the common

property of the United States, but they were rejected. All the States

except Maryland acceded to the Articles, notwithstanding some of them

did so with the reservation that their claim to those lands as common

property was not thereby abandoned.

On the sole ground that no declaration to that effect was contained in

the Articles, Maryland withheld her assent, and in May, 1779, embodied

her objections in the form of instructions to her delegates, which were

entered upon the Journals of Congress. The following extracts are from

that document, viz:

Is it possible that those States who are ambitiously grasping at

territories to which in our judgment they have not the least shadow of

exclusive right will use with greater moderation the increase of wealth

and power derived from those territories when acquired than what they

have displayed in their endeavors to acquire them? ...

We are convinced policy and justice require that a country unsettled at

the commencement of this war, claimed by the British Crown and ceded to

it by the treaty of Paris, if wrested from the common enemy by the blood

and treasure of the thirteen States, should be considered as a common

property, subject to be parceled out by Congress into free, convenient,

and independent governments, in such manner and at such times as the

wisdom of that assembly shall hereafter direct. ...

Virginia proceeded to open a land office for the sale of her Western

lands, which produced such excitement as to induce Congress, in October,

1779, to interpose and earnestly recommend to "the said State and all

States similarly circumstanced to forbear settling or issuing warrants

for such unappropriated lands, or granting the same, during the

continuance of the present war."

In March, 1780, the legislature of New York passed an act tendering a

cession to the United States of the claims of that State to the Western

territory, preceded by a preamble to the following effect, viz:

Whereas nothing under Divine Providence can more effectually contribute

to the tranquillity and safety of the United States of America than a

federal alliance on such liberal principles as will give satisfaction to

its respective members; and whereas the Articles of Confederation and

Perpetual Union recommended by the honorable Congress of the United

States of America have not proved acceptable to all the States, it

having been conceived that a portion of the waste and uncultivated

territory within the limits or claims of certain States ought to be

appropriated as a common fund for the expenses of the war, and the

people of the State of New York being on all occasions disposed to

manifest their regard for their sister States and their earnest desire

to promote the general interest and security, and more especially to

accelerate the federal alliance, by removing as far as it depends upon

them the before-mentioned impediment to its final accomplishment. ...

This act of New York, the instructions of Maryland, and a remonstrance

of Virginia were referred to a committee of Congress, who reported a

preamble and resolutions thereon, which were adopted on the 6th

September, 1780; so much of which as is necessary to elucidate the

subject is to the following effect, viz:

That it appears advisable to press upon those States which can remove

the embarrassments respecting the Western country a liberal surrender of

a portion of their territorial claims, since they can not be preserved

entire without endangering the stability of the General Confederacy; to

remind them how indispensably necessary it is to establish the Federal

Union on a fixed and permanent basis and on principles acceptable to all

its respective members; how essential to public credit and confidence,

to the support of our Army, to the vigor of our counsels and success of

our measures, to our tranquillity at home, our reputation abroad, to our

very existence as a free, sovereign, and independent people; that they

are fully persuaded the wisdom of the several legislatures will lead

them to a full and impartial consideration of a subject so interesting

to the United States, and so necessary to the happy establishment of the

Federal Union; that they are confirmed in these expectations by a review

of the before-mentioned act of the legislature of New York, submitted to

their consideration. ...

_Resolved_, That copies of the several papers referred to the committee

be transmitted, with a copy of the report, to the legislatures of the

several States, and that it be earnestly recommended to those States who

have claims to the Western country to pass such laws and give their

delegates in Congress such powers as may effectually remove the only

obstacle to a final ratification of the Articles of Confederation, and

that the legislature of Maryland be earnestly requested to authorize

their delegates in Congress to subscribe the said Articles.

Following up this policy, Congress proceeded, on the 10th October, 1780,

to pass a resolution pledging the United States to the several States as

to the manner in which any lands that might be ceded by them should be

disposed of, the material parts of which are as follows, viz:

_Resolved_, That the unappropriated lands which may be ceded or

relinquished to the United States by any particular State pursuant to

the recommendation of Congress of the 6th day of September last shall be

disposed of for the common benefit of the United States and be settled

and formed into distinct republican States, which shall become members

of the Federal Union and have the same rights of sovereignty, freedom,

and independence as the other States; ... that the said lands shall be

granted or settled at such times and under such regulations as shall

hereafter be agreed on by the United States in Congress assembled, or

nine or more of them.

In February, 1781, the legislature of Maryland passed an act authorizing

their delegates in Congress to sign the Articles of Confederation. The

following are extracts from the preamble and body of the act, viz:

Whereas it hath been said that the common enemy is encouraged by this

State not acceding to the Confederation to hope that the union of the

sister States may be dissolved, and therefore prosecutes the war in

expectation of an event so disgraceful to America, and our friends and

illustrious ally are impressed with an idea that the common cause would

be promoted by our formally acceding to the Confederation. ...

The act of which this is the preamble authorizes the delegates of that

State to sign the Articles, and proceeds to declare "that by acceding

to the said Confederation this State doth not relinquish, nor intend

to relinquish, any right or interest she hath with the other united or

confederated States to the back country," etc.

On the 1st of March, 1781, the delegates of Maryland signed the Articles

of Confederation, and the Federal Union under that compact was complete.

The conflicting claims to the Western lands, however, were not disposed

of, and continued to give great trouble to Congress. Repeated and urgent

calls were made by Congress upon the States claiming them to make

liberal cessions to the United States, and it was not until long after

the present Constitution was formed that the grants were completed.

The deed of cession from New York was executed on the 1st of March,

1781, the day the Articles of Confederation were ratified, and it was

accepted by Congress on the 29th October, 1782. One of the conditions of

this cession thus tendered and accepted was that the lands ceded to the

United States "_shall be and inure for the use and benefit of such of

the United States as shall become members of the federal alliance of

the said States, and for no other use or purpose whatsoever_."

The Virginia deed of cession was executed and accepted on the 1st day of

March, 1784. One of the conditions of this cession is as follows, viz:

That all the lands within the territory as 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 as 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 inclusive, 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_.

Within the years 1785, 1786, and 1787 Massachusetts, Connecticut, and

South Carolina ceded their claims upon similar conditions. The Federal

Government went into operation under the existing Constitution on

the 4th of March, 1789. The following is the only provision of that

Constitution which has a direct bearing on the subject of the public

lands, viz:

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, and nothing in this Constitution shall be so

construed as to prejudice any claims of the United States or of any

particular State.

Thus the Constitution left all the compacts before made in full force,

and the rights of all parties remained the same under the new Government

as they were under the Confederation.

The deed of cession of North Carolina was executed in December, 1789,

and accepted by an act of Congress approved April 2, 1790. The third

condition of this cession was in the following words, viz:

That all the lands intended to be ceded by virtue of this act to the

United States of America, and not appropriated as before mentioned,

_shall be considered as a common fund for the use and benefit of the

United States of America, North Carolina inclusive, according to their

respective and usual proportions of the general charge and expenditure,

and shall be faithfully disposed of for that purpose, and for no other

use or purpose whatever_.

The cession of Georgia was completed on the 16th June, 1802, and in its

leading condition is precisely like that of Virginia and North Carolina.

This grant completed the title of the United States to all those lands

generally called _public lands_ lying within the original limits of the

Confederacy. Those which have been acquired by the purchase of Louisiana

and Florida, having been paid for out of the common treasure of the

United States, are as much the property of the General Government, to

be disposed of for the common benefit, as those ceded by the several

States.

By the facts here collected from the early history of our Republic it

appears that the subject of the public lands entered into the elements

of its institutions. It was only upon the condition that those lands

should be considered as common property, to be disposed of for the

benefit of the United States, that some of the States agreed to come

into a "perpetual union." The States claiming those lands acceded to

those views and transferred their claims to the United States upon

certain specific conditions, and on those conditions the grants were

accepted. These solemn compacts, invited by Congress in a resolution

declaring the purposes to which the proceeds of these lands should be

applied, originating before the Constitution and forming the basis on

which it was made, bound the United States to a particular course of

policy in relation to them by ties as strong as can be invented to

secure the faith of nations.

As early as May, 1785, Congress, in execution of these compacts, passed

an ordinance providing for the sales of lands in the Western territory

and directing the proceeds to be paid into the Treasury of the United

States. With the same object other ordinances were adopted prior to the

organization of the present Government.

In further execution of these compacts the Congress of the United States

under the present Constitution, as early as the 4th of August, 1790, in

"An act making provision for the debt of the United States," enacted as

follows, viz:

That the proceeds of sales which shall be made of lands in the

Western territory now belonging or that may hereafter belong to the

United States shall be and are hereby appropriated toward sinking or

discharging the debts for the payment whereof the United States now

are or by virtue of this act may be holden, and shall be applied solely

to that use until the said debt shall be fully satisfied.

To secure to the Government of the United States forever the power to

execute these compacts in good faith the Congress of the Confederation,

as early as July 13, 1787, in an ordinance for the government of the

territory of the United States northwest of the river Ohio, prescribed

to the people inhabiting the Western territory certain conditions which

were declared to be "articles of compact between the original States and

the people and States in the said territory," which should "forever

remain unalterable, unless by common consent." In one of these articles

it is declared that--

The legislatures of those districts, or new States, shall never

interfere with the primary disposal of the soil by the United States in

Congress assembled, nor with any regulations Congress may find necessary

for securing the title in such soil to the _bona fide purchasers_.

This condition has been exacted from the people of all the new

territories, and to put its obligation beyond dispute each new State

carved out of the public domain has been required explicitly to

recognize it as one of the conditions of admission into the Union. Some

of them have declared through their conventions in separate acts that

their people "forever disclaim all right and title to the waste and

unappropriated lands lying within this State, and that the same shall

be and remain at the sole and entire disposition of the United States."

With such care have the United States reserved to themselves, in all

their acts down to this day, in legislating for the Territories and

admitting States into the Union, the unshackled power to execute in good

faith the compacts of cession made with the original States. From these

facts and proceedings it plainly and certainly results--

1. That one of the fundamental principles on which the Confederation of

the United States was originally based was that the waste lands of the

West within their limits should be the common property of the United

States.

2. That those lands were ceded to the United States by the States which

claimed them, and the cessions were accepted on the express condition

that they should be disposed of for the common benefit of the States,

according to their respective proportions in the general charge and

expenditure, and for no other purpose whatsoever.

3. That in execution of these solemn compacts the Congress of the United

States did, under the Confederation, proceed to sell these lands and put

the avails into the common Treasury, and under the new Constitution did

repeatedly pledge them for the payment of the public debt of the United

States, by which pledge each State was expected to profit in proportion

to the general charge to be made upon it for that object.

These are the first principles of this whole subject, which I think

can not be contested by anyone who examines the proceedings of the

Revolutionary Congress, the cessions of the several States, and the acts

of Congress under the new Constitution. Keeping them deeply impressed

upon the mind, let us proceed to examine how far the objects of the

cessions have been completed, and see whether those compacts are not

still obligatory upon the United States.

The debt for which these lands were pledged by Congress may be

considered as paid, and they are consequently released from that lien.

But that pledge formed no part of the compacts with the States, or of

the conditions upon which the cessions were made. It was a contract

between new parties--between the United States and their creditors.

Upon payment of the debt the compacts remain in full force, and the

obligation of the United States to dispose of the lands for the common

benefit is neither destroyed nor impaired. As they can not now be

executed in that mode, the only legitimate question which can arise is,

In what other way are these lands to be hereafter disposed of for the

common benefit of the several States, "_according to their respective

and usual proportion in the general charge and expenditure?_" The

cessions of Virginia, North Carolina, and Georgia in express terms,

and all the rest impliedly, not only provide thus specifically the

proportion according to which each State shall profit by the proceeds

of the land sales, but they proceed to declare that they shall be

"_faithfully and bona fide disposed of for that purpose, and for no

other use or purpose whatsoever_." This is the fundamental law of the

land at this moment, growing out of compacts which are older than the

Constitution, and formed the corner stone on which the Union itself

was erected.

In the practice of the Government the proceeds of the public lands have

not been set apart _as a separate fund_ for the payment of the public

debt, but have been and are now paid into the Treasury, where they

constitute a part of the aggregate of revenue upon which the Government

draws as well for its current expenditures as for payment of the public

debt. In this manner they have heretofore and do now lessen the general

charge upon the people of the several States in the exact proportions

stipulated in the compacts.

These general charges have been composed not only of the public debt and

the usual expenditures attending the civil and military administrations

of the Government, but of the amounts paid to the States with which

these compacts were formed, the amounts paid the Indians for their

right of possession, the amounts paid for the purchase of Louisiana and

Florida, and the amounts paid surveyors, registers, receivers, clerks,

etc., employed in preparing for market and selling the Western domain.

From the origin of the land system down to the 30th September, 1832, the

amount expended for all these purposes has been about $49,701,280, and

the amount received from the sales, deducting payments on account of

roads, etc., about $38,386,624. The revenue arising from the public

lands, therefore, has not been sufficient to meet the general charges

on the Treasury which have grown out of them by about $11,314,656. Yet

in having been applied to lessen those charges the conditions of the

compacts have been thus far fulfilled, and each State has profited

according to its usual proportion in the general charge and expenditure.

The annual proceeds of land sales have increased and the charges have

diminished, so that at a reduced price those lands would now defray all

current charges growing out of them and save the Treasury from further

advances on their account. Their original intent and object, therefore,

would be accomplished as fully as it has hitherto been by reducing the

price and hereafter, as heretofore, bringing the proceeds into the

Treasury. Indeed, as this is the only mode in which the objects of the

original compact can be attained, it may be considered for all practical

purposes that it is one of their requirements.

The bill before me begins with an entire subversion of every one of the

compacts by which the United States became possessed of their Western

domain, and treats the subject as if they never had existence and as if

the United States were the original and unconditional owners of all the

public lands. The first section directs--

That from and after the 31st day of December, 1832, there shall be

allowed and paid to each of the States of Ohio, Indiana, Illinois,

Alabama, Missouri, Mississippi, and Louisiana, over and above what each

of the said States is entitled to by the terms of the compacts entered

into between them respectively upon their admission into the Union and

the United States, the sum of 12-1/2 per cent upon the net amount of the

sales of the public lands which subsequent to the day aforesaid shall be

made within the several limits of the said States, which said sum of

12-1/2 per cent shall be applied to some object or objects of internal

improvement or education within the said States under the direction of

their several legislatures.

This 12-1/2 per cent is to be taken out of the net proceeds of the land

sales before any apportionment is made, and the same seven States which

are first to receive this proportion are also to receive their due

proportion of the residue according to the ratio of general

distribution.

Now, waiving all considerations of equity or policy in regard to this

provision, what more need be said to demonstrate its objectionable

character than that it is in direct and undisguised violation of the

pledge given by Congress to the States before a single cession was made,

that it abrogates the condition upon which some of the States came into

the Union, and that it sets at naught the terms of cession spread upon

the face of every grant under which the title to that portion of the

public land is held by the Federal Government?

In the apportionment of the remaining seven-eighths of the proceeds this

bill, in a manner equally undisguised, violates the conditions upon

which the United States acquired title to the ceded lands. Abandoning

altogether the ratio of distribution according to the general charge and

expenditure provided by the compacts, it adopts that of the Federal

representative population. Virginia and other States which ceded their

lands upon the express condition that they should receive a benefit from

their sales in proportion to their part of the general charge are by the

bill allowed only a portion of seven-eighths of their proceeds, and that

not in the proportion of general charge and expenditure, but in the

ratio of their Federal representative population.

The Constitution of the United States did not delegate to Congress the

power to abrogate these compacts. On the contrary, by declaring that

nothing in it "_shall be so construed as to prejudice any claims of the

United States or of any particular State_," it virtually provides that

these compacts and the rights they secure shall remain untouched by

the legislative power, which shall only make all "_needful rules and

regulations_" for carrying them into effect. All beyond this would seem

to be an assumption of undelegated power.

These ancient compacts are invaluable monuments of an age of virtue,

patriotism, and disinterestedness. They exhibit the price that great

States which had won liberty were willing to pay for that union without

which they plainly saw it could not be preserved. It was not for

territory or state power that our Revolutionary fathers took up arms;

it was for individual liberty and the right of self-government. The

expulsion from the continent of British armies and British power was to

them a barren conquest if through the collisions of the redeemed States

the individual rights for which they fought should become the prey of

petty military tyrannies established at home. To avert such consequences

and throw around liberty the shield of union, States whose relative

strength at the time gave them a preponderating power magnanimously

sacrificed domains which would have made them the rivals of empires,

only stipulating that they should be disposed of for the common benefit

of themselves and the other confederated States. This enlightened policy

produced union and has secured liberty. It has made our waste lands

to swarm with a busy people and added many powerful States to our

Confederation. As well for the fruits which these noble works of our

ancestors have produced as for the devotedness in which they originated,

we should hesitate before we demolish them.

But there are other principles asserted in the bill which would have

impelled me to withhold my signature had I not seen in it a violation

of the compacts by which the United States acquired title to a large

portion of the public lands. It reasserts the principle contained in

the bill authorizing a subscription to the stock of the Maysville,

Washington, Paris and Lexington Turnpike Road Company, from which I was

compelled to withhold my consent for reasons contained in my message of

the 27th May, 1830, to the House of Representatives.

The leading principle then asserted was that Congress possesses no

constitutional power to appropriate any part of the moneys of the

United States for objects of a local character within the States.

That principle I can not be mistaken in supposing has received the

unequivocal sanction of the American people, and all subsequent

reflection has but satisfied me more thoroughly that the interests of

our people and the purity of our Government, if not its existence,

depend on its observance. The public lands are the common property of

the United States, and the moneys arising from their sales are a part of

the public revenue. This bill proposes to raise from and appropriate a

portion of this public revenue to certain States, providing expressly

that it shall "_be applied to objects of internal improvement or

education within those States_," and then proceeds to appropriate the

balance to all the States, with the declaration that it shall be applied

"_to such purposes as the legislatures of the said respective States

shall deem proper_." The former appropriation is expressly for internal

improvements or education, without qualification as to the kind of

improvements, and therefore in express violation of the principle

maintained in my objections to the turnpike-road bill above referred

to. The latter appropriation is more broad, and gives the money to be

applied to any local purpose whatsoever. It will not be denied that

under the provisions of the bill a portion of the money might have been

applied to making the very road to which the bill of 1830 had reference,

and must of course come within the scope of the same principle. If the

money of the United States can not be applied to local purposes _through

its own agents_, as little can it be permitted to be thus expended

_through the agency of the State governments_.

It has been supposed that with all the reductions in our revenue which

could be speedily effected by Congress without injury to the substantial

interests of the country there might be for some years to come a surplus

of moneys in the Treasury, and that there was in principle no objection

to returning them to the people by whom they were paid. As the literal

accomplishment of such an object is obviously impracticable, it was

thought admissible, as the nearest approximation to it, to hand them

over to the State governments, the more immediate representatives of

the people, to be by them applied to the benefit of those to whom they

properly belonged. The principle and the object were to return to the

people an unavoidable surplus of revenue which might have been paid by

them under a system which could not at once be abandoned, but even this

resource, which at one time seemed to be almost the only alternative to

save the General Government from grasping unlimited power over internal

improvements, was suggested with doubts of its constitutionality.

But this bill assumes a new principle. Its object is not to return to

the people an unavoidable surplus of revenue paid in by them, but to

create a surplus for distribution among the States. It seizes the entire

proceeds of one source of revenue and sets them apart as a surplus,

making it necessary to raise the moneys for supporting the Government

and meeting the general charges from other sources. It even throws the

entire land system upon the customs for its support, and makes the

public lands a perpetual charge upon the Treasury. It does not return

to the people moneys accidentally or unavoidably paid by them to the

Government, by which they are not wanted, but compels the people to pay

moneys into the Treasury for the mere purpose of creating a surplus for

distribution to their State governments. If this principle be once

admitted, it is not difficult to perceive to what consequences it may

lead. Already this bill, by throwing the land system on the revenues

from imports for support, virtually distributes among the States a part

of those revenues. The proportion may be increased from time to time,

without any departure from the principle now asserted, until the State

governments shall derive all the funds necessary for their support from

the Treasury of the United States, or, if a sufficient supply should be

obtained by some States and not by others, the deficient States might

complain; and to put an end to all further difficulty Congress, without

assuming any new principle, need go but one step further and put the

salaries of all the State governors, judges, and other officers, with a

sufficient sum for other expenses, in their general appropriation bill.

It appears to me that a more direct road to consolidation can not be

devised. Money is power, and in that Government which pays all the

public officers of the States will all political power be substantially

concentrated. The State governments, if governments they might be

called, would lose all their independence and dignity; the economy which

now distinguishes them would be converted into a profusion, limited

only by the extent of the supply. Being the dependents of the General

Government, and looking to its Treasury as the source of all their

emoluments, the State officers, under whatever names they might pass and

by whatever forms their duties might be prescribed, would in effect be

the mere stipendiaries and instruments of the central power.

I am quite sure that the intelligent people of our several States will

be satisfied on a little reflection that it is neither wise nor safe to

release the members of their local legislatures from the responsibility

of levying the taxes necessary to support their State governments and

vest it in Congress, over most of whose members they have no control.

They will not think it expedient that Congress shall be the taxgatherer

and paymaster of all their State governments, thus amalgamating all

their officers into one mass of common interest and common feeling.

It is too obvious that such a course would subvert our well-balanced

system of government, and ultimately deprive us of all the blessings

now derived from our happy Union.

However willing I might be that any unavoidable surplus in the

Treasury should be returned to the people through their State

governments, I can not assent to the principle that a surplus may be

created for the purpose of distribution. Viewing this bill as in effect

assuming the right not only to create a surplus for that purpose, but to

divide the contents of the Treasury among the States without limitation,

from whatever source they may be derived, and asserting the power to

raise and appropriate money for the support of every State government

and institution, as well as for making every local improvement, however

trivial, I can not give it my assent.

It is difficult to perceive what advantages would accrue to the old

States or the new from the system of distribution which this bill

proposes if it were otherwise unobjectionable. It requires no argument

to prove that if $3,000,000 a year, or any other sum, shall be taken out

of the Treasury by this bill for distribution it must be replaced by the

same sum collected from the people through some other means. The old

States will receive annually a sum of money from the Treasury, but they

will pay in a larger sum, together with the expenses of collection and

distribution. It is only their proportion of _seven-eighths_ of the

proceeds of land sales which they are _to receive_, but they must _pay_

their due proportion of the _whole_. Disguise it as we may, the bill

proposes to them a dead loss in the ratio of _eight_ to _seven_,

in addition to expenses and other incidental losses. This assertion

is not the less true because it may not at first be palpable. Their

receipts will be in large sums, but their payments in small ones. The

_governments_ of the States will receive _seven_ dollars, for which the

_people_ of the States will pay _eight_. The large sums received will

be palpable to the senses; the small sums paid it requires thought to

identify. But a little consideration will satisfy the people that the

effect is the same as if _seven hundred dollars_ were given them from

the public Treasury, for which they were at the same time required to

pay in taxes, direct or indirect, _eight hundred_.

I deceive myself greatly if the new States would find their interests

promoted by such a system as this bill proposes. Their true policy

consists in the rapid settling and improvement of the waste lands within

their limits. As a means of hastening those events, they have long been

looking to a reduction in the price of public lands upon the final

payment of the national debt. The effect of the proposed system would be

to prevent that reduction. It is true the bill reserves to Congress the

power to reduce the price, but the effect of its details as now arranged

would probably be forever to prevent its exercise.

With the just men who inhabit the new States it is a sufficient reason

to reject this system that it is in violation of the fundamental laws

of the Republic and its Constitution. But if it were a mere question of

interest or expediency they would still reject it. They would not sell

their bright prospect of increasing wealth and growing power at such

a price. They would not place a sum of money to be paid into their

treasuries in competition with the settlement of their waste lands and

the increase of their population. They would not consider a small

or a large annual sum to be paid to their governments and immediately

expended as an equivalent for that enduring wealth which is composed of

flocks and herds and cultivated farms. No temptation will allure them

from that object of abiding interest, the settlement of their waste

lands, and the increase of a hardy race of free citizens, their glory

in peace and their defense in war.

On the whole, I adhere to the opinion, expressed by me in my annual

message of 1832, that it is our true policy that the public lands shall

cease as soon as practicable to be a source of revenue, except for the

payment of those general charges which grow out of the acquisition of

the lands, their survey and sale. Although these expenses have not been

met by the proceeds of sales heretofore, it is quite certain they will

be hereafter, even after a considerable reduction in the price. By

meeting in the Treasury so much of the general charge as arises from

that source they will hereafter, as they have been heretofore, be

disposed of for the common benefit of the United States, according to

the compacts of cession. I do not doubt that it is the real interest

of each and all the States in the Union, and particularly of the new

States, that the price of these lands shall be reduced and graduated,

and that after they have been offered for a certain number of years

the refuse remaining unsold shall be abandoned to the States and the

machinery of our land system entirely withdrawn. It can not be supposed

the compacts intended that the United States should retain forever a

title to lands within the States which are of no value, and no doubt

is entertained that the general interest would be best promoted by

surrendering such lands to the States.

This plan for disposing of the public lands impairs no principle,

violates no compact, and deranges no system. Already has the price of

those lands been reduced from $2 per acre to $1.25, and upon the will of

Congress it depends whether there shall be a further reduction. While

the burdens of the East are diminishing by the reduction of the duties

upon imports, it seems but equal justice that the chief burden of the

West should be lightened in an equal degree at least. It would be just

to the old States and the new, conciliate every interest, disarm the

subject of all its dangers, and add another guaranty to the perpetuity

of our happy Union.

Sensible, however, of the difficulties which surround this important

subject, I can only add to my regrets at finding myself again compelled

to disagree with the legislative power the sincere declaration that any

plan which shall promise a final and satisfactory disposition of the

question and be compatible with the Constitution and public faith shall

have my hearty concurrence.

A Compilation of the Messages and Papers of the Presidents. Volume 3, part 1: Andrew Jackson (Second Term) · 第 65 / 371 题