A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
History
A Compilation of the Messages and Papers of the Presidents. Volume 6, part 2: Andrew Johnson
Johnson, Andrew, 1808-1875; Presidents -- United States; United States -- History -- Sources; United States -- Politics and government
By the sixth section of the bill herewith returned certain proceedings
by which the lands in the "parishes of St. Helena and St. Luke, South
Carolina," were sold and bid in, and afterwards disposed of by the tax
commissioners, are ratified and confirmed. By the seventh, eighth,
ninth, tenth, and eleventh sections provisions by law are made for the
disposal of the lands thus acquired to a particular class of citizens.
While the quieting of titles is deemed very important and desirable, the
discrimination made in the bill seems objectionable, as does also the
attempt to confer upon the commissioners judicial powers by which
citizens of the United States are to be deprived of their property in a
mode contrary to that provision of the Constitution which declares that
no person shall "be deprived of life, liberty, or property without due
process of law." As a general principle, such legislation is unsafe,
unwise, partial, and unconstitutional. It may deprive persons of their
property who are equally deserving objects of the nation's bounty as
those whom by this legislation Congress seeks to benefit. The title to
the land thus to be portioned out to a favored class of citizens must
depend upon the regularity of the tax sales under the law as it existed
at the time of the sale, and no subsequent legislation can give
validity to the right thus acquired as against the original claimants.
The attention of Congress is therefore invited to a more mature
consideration of the measures proposed in these sections of the bill.
In conclusion I again urge upon Congress the danger of class
legislation, so well calculated to keep the public mind in a state of
uncertain expectation, disquiet, and restlessness and to encourage
interested hopes and fears that the National Government will continue to
furnish to classes of citizens in the several States means for support
and maintenance regardless of whether they pursue a life of indolence or
of labor, and regardless also of the constitutional limitations of the
national authority in times of peace and tranquillity.
The bill is herewith returned to the House of Representatives, in which
it originated, for its final action.
ANDREW JOHNSON.
WASHINGTON, D.C., _July 28, 1866_.
_To the House of Representatives_:
I herewith return, without my approval, the bill entitled "An act
erecting the Territory of Montana into a surveying district, and for
other purposes."
The bill contains four sections, the first of which erects the Territory
into a surveying district and authorizes the appointment of a
surveyor-general; the second constitutes the Territory a land district;
the third authorizes the appointment of a register and receiver for said
district; and the fourth requires the surveyor-general to--
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