I have caused a statement to be made at the Post-Office Department of the least sum which can be paid to Mr. Edwards and his associates under the bill should it become a law, and from this it appears the amount will be $80,405.23.
Mr. Edwards and his associates, in 1854, a short time after the alleged services had been rendered, presented a claim to the Postmaster-General for $25,180 as compensation for these services. This claim consisted of nine items, setting forth specifically all the services embraced by the present bill. It is fair to presume that the parties best knew the value of their own services and that they would not by an underestimate do themselves injustice. The whole claim of $25,180 was rejected by the Postmaster-General for reasons which it is no part of my present purpose to discuss.
The claimants next presented a petition to the Court of Claims in June, 1855, "for a reasonable compensation" for these services, and "pray the judgment of your honorable court for the actual value of the service rendered by them and received by the United States, which amounts to the sum of $50,000." Thus the estimate which they placed upon their services had nearly doubled between 1854 and 1855—had risen from $25,180 to $50,000. On the ———, after a full hearing, the court decided against the claim, and delivered an opinion in support of this decision which can not, I think, be contested on legal principles. But they state in the conclusion of the opinion that "for any compensation for their services beyond what they have received they must depend upon the discretion of Congress."
This decision of the Court of Claims was reported to Congress on the 1st of April, 1858, and from it the present bill has originated. The amount granted by it is more by upward of $55,000 than the parties themselves demanded from the Postmaster-General in 1854, and is more by upward of $30,000 than they demanded when before the Court of Claims. The enormous difference in their favor between their own original demand and the amount granted by the present bill constitutes my chief objection to it. In presenting this objection I do not propose to enter into the question whether the claimants are entitled in equity to any compensation for their services beyond that which it is alleged they have already received, or, if so, what would be "a reasonable and fair compensation." My sole purpose is to afford Congress an opportunity of reconsidering this case on account of its peculiar circumstances. I transmit to the Senate the reports of Horatio King, Acting Postmaster-General, and of A.N. Zevely, Third Assistant Postmaster-General, both dated on the 14th of April, 1860, on the subject of this claim.
JAMES BUCHANAN.
WASHINGTON, June 22, 1860.
To the Senate of the United States:
I return with my objections to the Senate, in which it originated, the bill entitled "An act to secure homesteads to actual settlers on the public domain, and for other purposes," presented to me on the 20th instant.
This bill gives to every citizen of the United States "who is the head of a family," and to every person of foreign birth residing in the country who has declared his intention to become a citizen, though he may not be the head of a family, the privilege of appropriating to himself 160 acres of Government land, of settling and residing upon it for five years; and should his residence continue until the end of this period, he shall then receive a patent on the payment of 25 cents per acre, or one-fifth of the present Government price. During this period the land is protected from all the debts of the settler.
This bill also contains a cession to the States of all the public lands within their respective limits "which have been subject to sale at private entry, and which remain unsold after the lapse of thirty years." This provision embraces a present donation to the States of 12,229,731 acres, and will from time to time transfer to them large bodies of such lands which from peculiar circumstances may not be absorbed by private purchase and settlement.