VETO OF THE LAND BILL, IN SENATE, DECEMBER 4, 1833. The following message was received from the president of the United States, (through Mr. Donelson, his private secretary), returning, with his objections, the bill which originated in the senate at its last session, "appropriating for a limited time the proceeds of the sales of the public lands, and for other purposes." 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 of 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 co-operation. 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 and distinct exposition of these points. The waste lards 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 settle ment. 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 of 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." &c. &c. "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 at 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 parcelled 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," &c. &c. 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 the 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," &c. 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 of 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 cannot 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 councils 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 pursuaded 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 beforementioned act of the legislature of New York, submitted to their consideration," &c. "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 |