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eiord(« Gtltarapto
POLITICAL.
Veto oft.’io Zand 3ill.
To the Senate of the United States:
At the close of the las; session of Congress I re
ived from that hoily a bill entitled “An act to
■proprintc for n limited time the proceeds of the
ies of the public lauds of the United States aud
. r granting laud* to ccrtniu States.” The brief
period then remaining before the rising of Con
gress, nod the extreme pressure of official duties
unavoidable on such occasions, did not leave me
sufficient time for that full consideration ol the sub-
joci which was due tg its gtcat importance.—Sub
sequent consideration aud reflection have how-
^ vr " -"iifirmed the objection to the bill which
presented themselves to my mind upon its first
perusal, and have satisfied me that it ou^bl uot
to bccoino a law. I felt tnyselF,therefore, con
strained to vvithiiold from it my approval, aud
uow return i: to the Senate, in which it originated,
twth the reasons ou which mv dissent is found
ed.
I am fully sensible of the importance, as it res
pects both the harmony and union of tilt States,
ol makiug as soon as circumstances will allow of
it, a proper and final disposition of the whole sub
ject of the public Iftuds: aud any measure for that
obioi t, providing for the reimbursement ffi the U.
State# of those expenses with which they arc jus
tly chargeable, that may be cousisteut with iny
vit>w» of the Constitutor., sound policy, and the
rights of the respective States will readily reeieve
my eo-operutiou, This bill, however, is not ofj
j will lead thorn to a full and impartial cousidera-
: tiou ol a subject so iuurcstiug to the United
! States aud so necessary to the happy cstablisli-
I meut of tbs Federal Uuiou; that they are confir
med iu these expectations by a review of the be
fore meutioued act of the Legislature of New
York, submitted to tbeir consideration,” i«c.
•*Jlesotved, That copies of the several papers,
referred to the committee, be transmitted, with a
copy of the report, to the Legislatures of the sev
eral states, anil that it be earnestly recommended
to those states who have claims to the western
country, to pass such laws aud give their dele
gates iu congress such powers as may effectually
remove the oulv obstacle to a final ralifiealiou of
the articles of coufedcratiou ; aud that f ihe Legis
lature of Maryland be earnestly requested to au
thorise tbeir delegates iu congress to subscribe the
said Articles.”
Following up this policy, congress proceeded,
ou the lUtli October, 1760, to pass a resolution
pledging the United States to the several states
as to the manner iu which any lauds that might
be ceded by them should be disposed of, the ma
terial parts of wuicb are as follows, viz.
“Unsolved, That the unappropriated lands
which may he ceded or relinquished to the United
States, by auy particular state pursuant to the re
commendation of congress of the lith day of Sep
tember last, shall be disposed of for the common
benefit of the -United Slates, and be settled aud
formed iuto distinct republican states, which shall
become members of the Federal Union, aud have
the same right of sovereignty, freedom aud inde-
tha: chcractcr. The arrangement it contemplates l ,e . nt J enca as tj 1 ® ot ‘ R ' r s,ales ' " * ,at . ,hc
is not permanent, but limited lofive years ollly Uaul lauds slial be granted or settled at such times
and, iii us term appears to anticipate almrathm ;,u<l under such regulations as shall hereafter he
within that time at the discretion of Congress; I B 6 rce . d ?“ by the United States iu congress as-
providing for the salc9 of lauds iu the Western
Territory, anti directing the proceeds to be paid
iuto the treasury of tho United States. With
the same object other ordinances were adopted
prior to the organization ol the present govern
ment.
Iu further execution Vif these compacts, the
congress of the United Stoles under the present
constitution as early as the 4th August, 1799,
in **an act makiug 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 be
longing or that may hereafter belong to the Uni
ted Stales, shall be, sud arc hereby appropria
ted towards sinking or discharging the debts for
the payment whereof the United States now are.
or by virtue of this act may beholden, aud 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 com
pacts iu good faith, the congress of the confede
ration as early as July loth, 1787, in nu ordin
ance for the government of the territory of the
United States northwest of the Ohio, prescribed
to the people inhabiting the western taritory
certain conditions which weie to be “articles of
compact between the original states and tlw peo
ple aud states iu the said territory,” which should
“forever remain unalterable, unless by common
couscur.” In one of these articles it is declar
ed that—
“The legislature of those districts or new
states shall never interfere with the primary
disposal of the soil by the United States in con
gress may find necessary for securing the title in
„„„ „ v»h K ,om i _ _ such soil to tho bona fide purchasers.”
und it furnishes uo adequate reeurity against those’ «m b, of o r nine or more of them." I This condition has been exacted from the
continued agitations ofthe subject which it should . *“ 1 t ' br, 1 ' ar >'’ 1781 » th ? Legislature of Mary- | people of all new territories; aud to put its obi.,
be the principal object of auy measure for the dis- lautl P asscd au “« au *J> r,s, "8 tbe, , r d ‘ s, . eeat ® s „6"*°“ beyond dispute, each new state, carved
iou of the public lauds to avert. j congress to sign the articles of confederation. 1 be j O utof the public domain, has been required ex
position
Neither the merits of the bill under consideration, I f« 1 Jo' via g ar « extracts from the preamble and ho
nor the validity of the objections which 1 have felt) Vf.
it t,o be my duty to make to its passage, cau be
tor
Whereas it hath beeu said that the common
(o be my duty to make to its passage, cau be i ..... . . . ...
rroet y appreciated w ithout a full understanding e 1 ucra - v, r j ««courage.l by this state not acceding to
the manner iu which the public lands, upon the confederation to hope that the union of the
of the manner iu which the public lauds, upon
which it is intended to operate were acquired,
tiud the conditions upon which they arc uow held
by the United States. 1 will, therefore, precede
the state men: of t!ins«* objer duns by a brief but dis
liuct exposition of these points.
Tho waste lands within dm United States con
stituted one of tho cariyjobsiacles to the organiza
tion of any Government for the protection of
their common interest. Iu October, 1777. while
Congress wore framing the articles of Confedera
tion, .t proprosidou tvas made to amend them to
tho f>Uwwmg elicet, viz:
“ rim'the United States iu Congress assem
bled, shall have the sole and exclusive right aud
power to ascertain and fix the Western boundary
of such states as claim to the Mississippi or south
sea ami lay out the laud beyond the boundary so
asceriaiuod. iuto separate and independent states,
from time to time as the numbers aud circum
stances of the people thereof may require.”
It was, however, rejected. Maryland only vo
ting for it; mulso difficult did the subject appear,
that the patriots of that body agreed to-waive it
in the articles of Confederation, and leave it for fu
ture settlement.
On the submission of l!i« articles to the several
state Legisl attres for ratification, the most formi
dable ohjcctiou was found to be iu this subject of
the W aste lands. .Maryland, Rhode Island, aud
New Jersey, instructed their delegates m Cougress
to move amendments to them, providing that the
waste or crown lands-hmild be considered the com
mon property of the United States; but they were
rejected. All thestnicscxcept Maryland acceded
to the articles notwithstanding some of them did
so with the reservation that their claim to those
lands rs common property, was uot thereby a-
bandoued.
Ou the sole ground that no declaration to that
effect w; s com lined in the Articles. M nr viand
....sen .mu in may 1779 embodied
sister states may be dissolved, and therefore pro
secutes the wariu expectation of an event so dis
graceful to America; aud our - friends and illus
trious ally arc impressed wi;h au idea that the
common cause would be promoted by our formal
ly acceding to the confederation.” &c.
The act of w hich this is the preamble, auihcr-
ises the delegates of that state tosigu the Articles
aud proceeds to declare, “that, by accediug t >
the said confederation this slate doth not relin
quish, nor intern! to relinquish, any right or inter
est she hath, with the other United or coufedera-I
ted States, to the hack country,” &c. &c.
Illicitly to recognize it as one of the conditions
of admission into tho Union. Some of them
have declared through their conventions in sep
arate acts, that their people “forever disclaim
all right aud title to the waste and unappropria
ted lands lying within this state and that the
same shall be aud reniaiu at the sole and eatire
disposition of the United States.”
Wi;h such care have the United States reser
ved to themselves, iu all iheir acts down to this
day—iu legislating for the territories and admit
ting states into the Uuiou—the unshackled
power to execute in good faith the compacts of
eessiou made with the origiual states. From
these facts and proceedings it pkiiuly and cer
tainly results:
i. That one of the fundamental principles ou
practicnlpuposes, that it is one of their require
ments.
The hill before me begins with an entire sub
version of every one of the compacts by which
the United States became possessed of. their
western domain, aud treats the subject as if. the
United States were the original and uncondition
al owners of all the public lands. The first
section directs:
That from and after tho Gist day of December,
1833, there shall be allowed aud paid to each of
the states of Ohio, Indiana, Illinois, Alabama,
Missouri, Mississppi and Louisiana, overaud a-
bovc what each of the said states is entitled toby
the terms of the compacts entered iuto between
them respectively upon their admission iuto
the Union and the United States, the sum of
twelve and a half per centum upon the net a-
tnouni of sales of the public lauds which subse
quently to tho day aforesaid shall be made with
in the several limits of the said states, which said
sum of twelve aud a half per centum shall be ap
plied to some object or objects of internal improv-
enient or education within the said states under
the direction of their several legislatures.”
This-twelveaudahalfperceutumisto be taken
out of the net proceeds of the laud sales before
any apportionment is made aud the same seven
states which are fi*"st to receive, this propor
tion, are also to receive their due proportion of
the residue, according to the ratio of general
distribution.
Now, waiving all consideration of equity or
policy iu regard to this provision, what more
need" be said to demonstrate its odjectionable
character, thaii that it is iu direct aud undisgui
sed violation of the pledge given by Congress to
the states before a single cession was made; that
itabrogates the condition* upon which some ofthe
states came into the Union; and that it sets at
nought the terms of cession spread upon the face
of every grant under which the title to that por
tion of the public lauds is held by the Federal
Government. *
la the apportionment of the remaining seven-
It has been supposed that with all the re
ductions in our revenue which could be speedily
effected by Congress without injury to the
substantial interests ofthe countiy, there might
be for some years to come a surplus of mon
eys 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 ob
viously impracticable it was thought admissi
ble, as the nearest approximation to it, to band
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 princi
ple and the object was, to return to the peo
ple an unavoidable surplus o 4 * revenue which
might have been paid by them under a system
which could not at once he abandoned; but e-
ven 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 sug
gested with doubts of its constitutionality.
But this bill assumes a new principle. Its
consists it* the rapid settling and imp rove .
ofthe waste lands within their limits. \ * nt
means of hastening those events, they fe" *
long been looking to a reduction in ([ le llUB
ot public lands upon the final payment of Ik*
national debt. The effect ofthe proposed sv'
tem would be to prevent tbat-reduction. pj ■
true, the bill reserves to Congress the ’n ow ' J
to reduce the price, but the effect of its detail
as now arranged, would probably be for ev L’
to prevent its exercise. '''
^ With the just men who inhabit th e
States, it is a sufficient re..son to rejeci ;
system, that it is in violation of the fuiulaa;, ..'
a! laws ol the republic and its Consthc;"!,
But il it were a mere question oflintere.-
expediency, they would still reject, it. ‘
would not sell their bright prospect !of jn crt .. :
ing wealth and growing power at such a i,rC
eighths of the proceeds, this bill, iu a manner
On the 1st of March, 1781, the delegates of
Maryland signed the articles of confederation,
aud the Federal Uuiou under that compact was
complete. The conflicting claims to the western
lands, however, were not disposed of.and contin
ued to give great trouble to cougress. Repeated
and urgent calls wero made by < ongress upon th
which the coufeddration of the United States
was originally based, wax that the laud of the
West within their limits, should be the common
property of the United States.
2. That those lauds were ceded to the Uuiied
States by the states which claimed them, aud
the cessions were accepted ou *he express con
ditiou that they should be disposed of for corn-
states claiming them, to make liberal cessions to j mon benefit ol the states according to their res
the United Slates, and it was until long after the j pective proportions in the general charge and
prescut constitution was formed, that the grants j expenditure, and for no other purposes what-
were completed., soever.
The deed of cession from New York was exe- j Q. That the execution ol those solemn com-
euted on the first of March, 1781. the day the ar- [ -.acts, the congress ofthe United States, did, uu-
ticles of confederation were ratified, and it was uer the confederation, proceed to sell tho,e lands
accepted by congress on the 29lli October, 1792. aud put the avails iuto the common trcasuie; and
under th
One of the conditions of this cession, thus tender
ed and accepted, was, that the lauds ceded to
the Uuited States "shall he and enure for the use
and benefit of such of the United States as .hall
become members ofthe Federal Alliance ofthe said
States, and for no other use or purpose whatsoev
er.”
T.!ie Virginia deed of ccssiuu was executed and
accepted ou the Istdsyof March, 178k
the conditions of this cession is as fellow
new constitution did repeatedly pledge
them for the payment of the public debt «f the
Uuited States, by which each state was expected
to profit in proportion to the geueral charge to
be made upon it for that oojcct.
These are the first principles of this whoi-
subject, which, I think, cannot be contested by
auy one who examines the proceedings of the
One of! revolutionary cougress, the cessious of the sev-
viz. j eral states, aud the Acts of congress umier the
“That all the lands within the territory thus new constitution. Keeping them deeply im-
ceded to the Uuited States, aud not reserved f<*
or appropriated to auy of the before mentioned
her objections in ibeferm of instruction- to dele- j l»«rpo*». or disposed of in bounties to tho officers
gates which were entered upon the journals ofj *«jdiersof the American army, shall be con-
('Anirmail Tim ovtcnofn MCA fenm tlmt I
congress. The following extracts are" from that | Sl ' tere “ common fund for the use and benefit
document, viz. j of such of the United States as hart become or shall
“Is it possible that those states who arc ambi
tiously grasping at territories to which in our judg
ment they have not tho least shadow of exclusive
right will use with greater moderation the increase
of wealth and power derived from those* territo-
ri 's when required, than what ihayhave’dispbiyed
in their endeavors to acquire them J" &c. &c.
“Wo are convinced, policy am! justice require
that a country unsettled at the commencement of
this war claimed by tho British Crown and ceded
to it by the treaty of Paris if wrested from the
com .non enemy by the blood and treasure of the
thirteen suites should be considerd as a rotnmou
proparty subject to bo parceled out by Cougress
into free, convenient, und independent Govern
ments. in such manner and at such times as that
ass; mbjy shall hcareafter direct,” See. See.
Virginia proceeded to open a land office for the
i.ale cf her western lands, which produced such
excitement as to induce Congress in October 17-
79. to interpose and carnestlv recommend to “tho
Said str.t .ad all states simiiiarly circumstanced,
Jo forbear settling or issuing warrants for such
tifi pproprinted kinds, orgrantiugthesame during
the continuance ofthe present war.”
fu March, 1780 the Legislature of New York
passed nn net tendering a cession to the Uuited
rirates of the claims of that ritato to the western
territory, proceeded by a preamble to the follow
ing effect via:
“Whereas nelhiug under Divine Providence
become members of the confederation or federal al
liance of the said slates, Virginia inclusive, c.c-
cording to their usual respective proportions in the
general charge and expenditure, and shall bejaith-
fully and bona Jide disposed of for that purpose
and for no other use or pit-pose whatsoever."
Within the years 1785, 1786, and 1787, Mas
sachusetts, Connecticut aud riouth Carolina,
ceded their claims upon similar conditions. The
federal Government went iuto operation under
the existing constitution ou the 4th of March,
17S9. The following is the only provision of
that constitution which has a correct bearing on
the subject of the public lauds, viz:
“The Congress shall have the power to dispose
of. aud make all needful rules and regulations
respecting the territory or oilier property belong
ing to the Uuited States, aud nothing in this
constitution shall be so constructed as to preju
dice any claims of the Uuited States, or of any
particular State."
Thus tho Constitution left all the compacts
before made iu full force, aud the rights of all
parties remained the same under the new Govern
ment as they were under the confederation.
The deed of session of North Carolina was
executed in December, 1789, and accepted by
an act of Congress approved April 2,1790. The
third condition of cession was in the folloniug
words, viz :
“That all the lauds intended to be ceded by
virtue of tliis act of the United States of Ameri
ca, end not appropriated as before mentioned,
shall be considered as a common fund for tho
c;ti» more effectually contribute to the tranquility
wort safety oS the Unit' , d''Staies of America than
1 • nianc ® BU . C _ h l«*cral principles as , mauiI bel)efll of lhe Unite d .States of America,
H *'L 0 f l ?. i m ? n,bcrs ; North Carolina inclusive, according to their ro
und wtorete. the Articles of Confederation and , tivo nnd u , IlaI propor , ioII5 <>t thc general
perpetual tW, recommended by the honorable ^ expenditure and shall be faithfully
Cougress of the Lii. ed Stntes of America have Hi b IC(1 off( / t)mt pa ’ and for otll / r
*ot proved _ acceptable to all the states, it having » „ r niirm „„ - h A*
hern conceived that a portion of thc waste and
Uncultivated territory within the limits or claims
of cr/tnin states, ought to be appropriated ns a
common fund for the expenses of the war ; and
ihc people of thc state of New York being on all
.occasions disposed ito manifest their regard for
their sister sta,.s and their earnest desire to pro-
Jnotc the general interest and security, and more
especially to accelerate the federal alliance, by
.removing, as far ns it depends upon them, tho be
fore mentioned'impediment to its-final accom
plishment”
This net of NiAv .York, the instructions of Ma-
•ylami, and a remonstrance of Virginia, were re
ferred to ti committee of congress, who reported
x pri iDihb 'and resolutions thtrein, which were
■ntfeptci Oil tho 6th September, 17'O; so much
sk •- tii-ci-saiy to ctueidato the subject is to the
1 !l • - ; '•tT«*ct,‘viz:
*•. .* tt appears advisable to press upon'thosc
”.tv- which -r.n remove the embarrassments
western country, * liberal surrender
“fortiori of t-ivir xi-Vritafiul claim?,* Vince they
•" ' *'H on ■.reserved entil'd without endangering
. -" HlUaijity of the general confederacy; to re
• 7^, ti ,CL W bow in’Titpcii-ably nece-s.jry v is, to
tbe Fed, '->•.1 Uftidu' en a fixed and p,.r-
* :> bw.- u.i-! mi prim-ij.'-.s r.rnbl o ab
•••' - ; how es^-trtkil
• • : ' upp'.rt of o:o army
r<(Tl and SOCOCtS of OUT
mqa.litv :-.t home, onr reptita-
ry ex a oca n» a free sove-
• :l U'-Ii;.’ ■ : V IT tac: f»i:i —
ini of tiic 'several Legislatures
use or purpose whatsoever,
The cession o! Georgia was completed on the
16lh June, I8tl2, 'in its lending condition, is pre
cisely 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 withiu the original limits of the
confederacy. Those which have been acquired
hv the purchase of Louisiana and Florida, hav
ing been paid for out of the common treasure of
tho United States, are a» much the property of
thc General Govern incut, to bo disposed of for
the common benefit, as those ceded by the sev
eral states.
By tile facts hero collected from thc early his
tory of our fi'cpiiblic, it appears that the public
lauds entered into the elcmeots of its institutions.
It was only upon the condition that those lauds
should ho considered as common property, to
he disposed of for the benefit of the Uuited
Slates, that some of the states agreed to como
into a “perpetual onion.” The states claiming
those ho is, acceded to these views, and trans
ferred their claims to tho United Statcg upon
certain specific conditions, aud on those condi
tions :hc grants were accepted. Those solcmu
cimpict , invited hv congress in a resolution
declaring the purposes to which the proceeds of
these lauds-houid be applied, originating boforc
constitution, md formic.v thc basis on which
it was mule, bound ihc United -ates to a par
ticular course cf poii- y in relation to them, by
tics as strong us can be invented to secure thc
faith of nations.
As early as May 1735, Congress, in cxccu-
riotrof these compacts, passed an Ordinance,
pmiMcd upou <lic uiluU, let us proceed to examine
how far the objects of the cessious have been
completed and see whether those compact, are
not still obligatory upou the Uuited Staten
The debt for which these lands were pledged
by cougress, may be considered as paid, and
they are consequently released from that lieu.
But that pledge formed no part of the compacts
with the states or of thc conditions upon which
the cessions were made. It was a contract be
tween uew parties—between the United Slates
and their creditors. Upon paymeut of the debts
the compacts remain iu full force, and the obli
gation of the United States, to dispose of the
lauds for t- c common heiicfit, is neither destroy
ed iior impaired. As tjiey cannot now ho ex
ecuted iu that mode, the only legitimate ques
tion which can arise is, in what other way arc
these lauds to be hereafter disposed of for the
common benefit of the several states “according
to their respective and usual proportion in the gen
eral charge and expenditure." The cessions of Vir
ginia, No.-tb Ca-'oliua, and Georgia, in express
terms, and all tho rest impliedly, not only pro-
provided thus specifially the proportion accord
ing to which each state shall profit by the proceeds
ofthe laud sales, but they proceed to declare that
they shall ho “faithfully and bona fide disposed
of for no other use or purpose whatsoever.'’ This
is the fundamental law of the laud at the mo
ment. growing out of compacts which nre ol
der than the constitution, ami formed the corner
stone on which the Union itself was erected.
In the practice of the government, thc pro
ceeds of the public lauds have not beeu set apart
as a scpnrte fund for thc payment of public
debt; but have been and are now paid into the
treasury, where they constitute a part of thc
aggregate of reveuuc upon which the govern
ment draws as well for its current-expenditures
as for payment of the public debt. In this man
lier, they have heretofore amt do now lessen
thc general charge upon the people of tbe sever
al statos in tho exact proportions stipulated in
thc compacts.
These goucral charges have beeu composed
equally undisguised, violates the conditions upon
which the United States acquired title to the ceded
lauds. Abandoning altogether tbe ratio of dis
tribution according to the geueral charge and ex
penditure provided by the compacts it adops that
of the Federal representative population.—Vir
ginia, and other states, which ceded their lands
upon the express conditions that they should re
ceive a benefit from tbeir sales, in proportion to
their part of the geueral charge, are by the bill,
allowed only a portion of seven-eighths of their
proceeds, and that not iu the proportion of gen
eral charge aud expenditure, bnt iu the ratio of
their federal representative population.
Tho Constitution of the Uuited States did not
delegate to Cougress tbe power to abrogate
these compacts. Ou the contrary, by declar
ing that nothing in it “shall be so construed as
to prejudice auy claims of the United States, or
of auy particular state,” it virtually provides
that these compacts aud the rights itiey secure,
shall remain untouched by the legislative powei,
which shall only make all “needful rules and re
gulations” for carryiug them iuto effect. All be
yond this would seem to be au assumption of uu-
delegated nowar.
These ancient compacts are invaluable mon
uments of an age of virtue, patriotism, and
disinterestedness. They exhibit tbe price that
great States, which bad won liberty, were wil
ling to pay lor that union without which they
plainly saw it could not be preserved. It was
not for Territory or State power, that our rev
olutionary fathers took up arms; it was for in
dividual liberty aud tbe right of self govern
ment.—The expulsion from the continent of
British armies and British powers, 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 rela- j
live strength ot the time, gave them a prepon
derating power, magnanimously sacrificed do
mains which would have thc-m made thc rivals of
empires, only stipulating that they should be
disposed of for the common benefit of them
selves and the other confederated states. This
enlighted policy produced union, and lias se
cured liberty. It has made our waste lauds to
swarm with a busy people, and added many
powerful States to our confederation. As well
ibr the fruits which the noble works ot our an
cestors 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
ofthe compacts by which the United States
acquired title to a large portion of the public
lands. It re-asserts the principle contained in
the bill authorizing a subscription to the stock
of the Maysville, Washington, Paris and Lex
ington Turnpike Road Company, from which
I was compelled to withhold my consent for
reasons- contained in my message ofthe 27th
May, 1830, to the House of Representatives.
The leading principle then asserted was, that
Congress possess no constitutional power to
appropriate any part of the moneys of the U-
nited States for objects of a local character,
within the States. That principle, I cannot
be mistaken in supposing, has received the un
equivocal sanction of the American people,
mid all subsequent reflection lias but satisfied
me more thoroughly, that the interests of our
people, and the purity of our Government, if
object is not to return to the people an una
voidable surplus cf revenue paid in by them,
but to create a surplus for distribution among
tbe 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 sour
ces. 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
ing weattii anu growing power at sucii.a
They would not place a sum of monej t 0 bj
paid into their Treasuries in competition tit],
the settlement of their waste lands and the i 1
crease ot their population. They would i -
consider a small or a large annual sum to ^
paid to their Governments and immediately
flrnpnnnH sic SIM pnnit'nlnnr fm- ..^.1 • *
moneys into the Treasury for the mere pur-
not on{y oflbe public debt and the usual vxiieu- j not its existence, depend on its observance
diturcs attending thc civil ami military adminis
tration of the government; but of the amounts
paid to tho 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, amt the
amounts paid surveyors, registers, receivers,
clerks. &c, employed- iu preparing for market
nnd selling the western domain.—From thc ori
gin ol the laud system down to September GO,
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 &c. about $38,386,624. The
revenue arising from the public lands, has uot
been sufficient to meet the general charges ou
the treasury which have grown out of them, by
about $11, :< 14.656. Yet in Having be*n_applied
to k-nscii those charges, the conditions of thc
compacts have boon thus far ftifilled, and each
state has profitted according to its usual propor
tion iu the general charge and expenditure. The
annual proccads of land sales hnvo increased,
and the charges hnvc diminished, so that at a re
duced price those bauds would now defray all
current charges growing out of theip, and save
the treasury from .further advances ou theii ac
count. Their original intent and olijcct. there
fore, would be s.ccompli-hed ns fully- as jt has
hitherto been, by reducing thc price, aud here
after, as heretofore, bringing the proceeds into
the treasury. IniJbed, as this is tbe only mode
in which the objects of the original compacts
cau be attained, it may bo considered for all
The public lands are the common property of
the United States, and the money’s arising from
their sales, are a part of thc public revenue.
This bill proposes to raise from and appropri
ate a portion of this public revenue to certain
States, providing expressly, that it shall “6c
applied to objects of internal improvement or
education within those States," and then pro
ceeds to appropriate thc balance to all the
States, u ith the declaration, that it shall be
applied "to such purposes as the Legislatures
of the said respective States shall deem prop
er." The former appropriation is expressly
for internal improvements or education, with
out qualification as to the kind of improve
ments, and therefore in express violation of
thc principle maintniutd in my objections to
tbe turnpike road bill, above returned 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 mon
ey might have been applied to making the ve
ry road to which,the bill of 1830 had refer-
rencc, and must ^of course come within the
scope of the same principle. If the money of
thc United States cannot be applied to local
purposes through its own Agents, as little can
be permitted to be thus expended though thc
agency of the State Governments.
pose of creating a surplus for distribu'ion to
tbeir 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 cf those
revenues. The proportion may be increased,
from time to time, without any departure from
the principle now asserted, until the Stale Gov
ernments shall derive all the funds necessary
for their support from the Treasury of the Uni
ted States, or, if a sufficient supply should be
obtaiued by some Statos 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 geu
eral appropriation bill.
It appears to me that a more direct road to
consolidation cannot be devised. Money is
power, and in that Goyernmcnt which pays all
the public officers of the States, will all politi
cal power be substantially concentrated. The
State Governments, if Governments they might
be called, would lose all their independence
and dignity. The economy which now distin
guishes them, would be converted iuto a pro
fusion, limited only by the extern of tiie sup
ply. Being the dependants of the General
Government and looking to its Treasury as the
source of all tiieir emoluments, the State offi
cers, under whatever names they ought pass,
and by whatever forms their duties might be
prescribed, would in effect be the mere stipen
diaries and instruments of the central power.
I am quite sure that tbe intelligent people ol
our several States, will be satisfied on a little
reflection that it is neither wise nor safe to re
lease the members of their local Legislatures
from the responsibility of levying the taxes
necessary to support iheir 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 tax gatherer and paymaster of all their
State Governments, thus amalgamating all
their officers into one mass of common inter
est and common feeling. It is too obvious
that such a course would subvert our well bal
anced system of Government and ultimately
deprive us of all the blessings now derived from
our happy Union.
However willing I might be that any una
voidable surplus in the Treasury should be re
turned to the people through their State Gov
ernments, I cannot assent to the principle that
a surplus may be created for the purpose of
distribution. Viewing this bill a* in effect as
suming the right, uot ouly to create a surplus
for that purpose, but to divide the contents of
the Treasury among the States without iimita-
tation, from whatever source they may be de
rived, and asserting the power to raise and ap
propriate money for the support of every State
Government and institution, as well as for ma
king every local improvement, however trivial,
I cannot give it my assent.
It is difficult to perceive what advantages
would accrue to the old States or the now, from
the system of distribution which this bill pro
poses, if it were otherwise unobjectionable. It
requires no argument to prove that if three
millions of dollars a year, or any other sum,
shall be taken out ofthe Treasury by this bill
for distribution, it must be replaced ly the
same sum collected from the people through
some other means. The old States will re
ceive annually a sum of money from the Treas
ury, but they will pay in a larger sum, togeth
er with thc expenses of collection and distribu
tion. It is only tbeir proportion ofscrai eighths
of the proceeds of laud sales which they are to
receive, but they must pay their due proportion
of the toholc. Disguise as it as we may, the
bill proposes to them a dead loss in the ratio of
eight to seven, in addition to expenses and oth
er incidental losses. This assertion is not the
less true because it may not at first be palpa
ble. Their receipts will be in large sums, hut
their payments in small ones. The govern
ments, of the States will receive seven dollars
for which the people of tho States will pay
eight. Tho large sums received will be pal
pable to the senses the small sums paid, it re
quires thought to identity. But a little consid
eration will satisfy the people that the effect is
thc same as if seven hundred dollars were giv
en them from the public Treasury, for which
they are at the same time required to pay in
taxes, direct or indirect, eight hundred.
I deceive myself greatly if the new States
would find tbeir interests promoted by such a
»ystem as this bill proposes. Tbeir true policy
expended, as an equivalent for that endiiri&i.
wealth which is composed of flocks and herds
and cultivated farms. No temptation will al
lure them from that object of abiding interest
the settlement of tbeir waste lands, and the in
crease of a. hardy race of free citizens, their-
glory in peace and tbeir defence in war.
On the whole, I adhere to tbe opinion ex
pressed by me in iny annual Message of 1832
tha it is our true policy that the public lands
shall cease as soon as practicable to be a source
of reveuue, except for the payment of those
general charges which grow out of the acquisi
tion of the lands, tbeir survey and sale. Al
though these expenses have not been met by
the proceeds of sales heretofore, it is quite cer
tain tiiey will be hereafter; even after a consid
erable reduction in the price. By nieel\n« in
the Treasury so much of tbe 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, ac
cording to the compact of cession. I do nor
doubt that it is tbe real interest of each and aj
tiic States in the Union, and particularly ofthe
new States that die price of these lands shall
be reduced and graduated; and that afier (liev
have been offered for a certain number of years,
the refuse remaining unsold shall be abandoned
to the States, aiid the machinery of our /aud
system entirely withdrawn. It cannot be sup
posed 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 tlm States.
This plan for disposing of the public lands
impairs no principle, violates no compact, and
deranges uo system. Already has the price of
those lands been reduced from two duliars per
acre to one dollar find a quarter, and upon tie
will of Congress, it depends whether there shaS
be a further reduction. While the burdens oi
the cast are diminishing by the reduction of du
ties upon imports, it seems but equal justice that
the chief burden of the west should be lighten
ed 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 guarantee to the
perpetuity of our happy Union.
Sensibly however, of the difficulties which
surround this impdrtantsubject, I can oily add
to my regrets, at finding myself again compel
led to disagree with the legislative p wer, the
sincere declaration, that any plan which sliail^
promise a final and satisfactory disposition ol
the question, and be compatible with the Coa-
stitution and public faith, shall have mv hearty
concurrence.
ANDREW JACKSON.
December 4th, 1833.
From the Charleston Courier.
“Washington, Dec. 13, lS-iL
“On the subject of the Public Deposit's it
is as yet very uncertain what will be tho issue.
The two Houses are eager to rush into fight up
on tho subject, aud it seems certain, that it
will be one of the very first of the important
subjects whill be finally acted on. 1 have ne
ver seen such strong indications of feeling on
any great question as have been already exhib
ited in reference to this. The Tariff discus
sions were tame in comparison with what is
expected in the coming debates. 1 understand
that most of the Virginia and South Carolina
votes are confidently counted against the re
moval of the Deposites. It is among thc Nn"’
Yorkers aud Pennsylvanians that the enemies
of the Bank and the supporters of the removal
ofthe public money, are plying their intrigues,
and the result of the discussion turns on tiic suc
cess which crowns these efforts.
“There is a strong anti-Jackson majority
the Senate, in consequence of the co-ope' 3 *
tion of the Nullifiors with the National llcpub*
licans. But there seems to be a difference be
tween Mr. Clay and Mr. Webster, whether ®*
rising out of the collision which took place ^
tween them just before tho adjournment ot >
last Congress, or out of any other feeling,
know not. Thc vote of Mr. Webster amt
friends defeated the intention of Mr. Clay ^
friends, to elect tho committees yesterday,an
in" to this delay, tn p
it may so happen, that ow... & —- • ,
entire character of the Committees may
changed. . .
“We have a great many rumors abroad, ^
some of them are too absurd to bear repeUtiOjL
and others, of far too grave a charactei to
circulated until there is further evidence o 1 >
truth. You will, in good and sufficient tun ,
hear them all.”
A correspondent of tiic New N ork
Enquirer, states that the Senate wi ^
tainly order a restoration of the deposites,
that should tli«p Ijouse refuse to concur, * ie ^
mer body may be driven to sustain the °- gm
tution by refusing its assent to any °PP U * 0 f
tions from the public Treasury, creep a ^
moneys which may thereafter be stem >
thc credit of the Treasury in han j
United Slates!
HOUSE! OF REPRESENTATIVE!
Thursday, LlC ' "
REMO VA.L OF THE BAJSK BE
ITES. . * Jr ,
submitted yesterday, ,
The motion