PRESIDENT MADISON’S OBJECTIONS TO THE “BILL FOR THE RELIEF OF RICHARD TERVIN, WILLIAM COLEMAN, EDWIN LEWIS, SAMUEL MIMS, JOSEPH WILSON, AND THE BAPTIS CHURCH AT SALEM MEETING-HOUSE, IN THE MISSISSIPPI TERRITORY.”
Transcribed by Jackie Gordon, June 2010
The Library of Congress
A New Nation: U.S. Congressional Documents and Debates, 1774-1875
American State Papers, House of Representatives, 11th Congress, 3rd Session
Miscellaneous: Volume 2
Page 154
PRESIDENT MADISON’S OBJECTIONS TO THE “BILL FOR THE RELIEF OF RICHARD TERVIN, WILLIAM COLEMAN, EDWIN LEWIS, SAMUEL MIMS, JOSEPH WILSON, AND THE BAPTIS CHURCH AT SALEM MEETING-HOUSE, IN THE MISSISSIPPI TERRITORY.”
COMMUNICATED TO THE HOUSE OF REPRESENTATIVES, FEBRUARY 28, 1811.
To the House of Representatives of the Unite States: February 28, 1811.
Having examined and considered the bill entitled “An act for the relief of Richard Tervin, William Coleman, Edwin Lewis, Samuel Mims, Joseph Wilson, and the Baptist church at Salem meeting-house, in the Mississippi Territory,” I now return the same to the House of Representatives, in which it originated, with the follow objection:
Because the bill, in reserving a certain parcel of land in the United States, for the use of the said Baptist church, comprises a principle and precedent for the appropriation of funds of the United States, for the use and suppor of religious societies, contrary to the article of the constitution which declares that Congress shall make no law respecting a religious establishment.
JAMES MADISON.
AN ACT for the relief of Richard Tervin, William Coleman, Edwin Lewis, Samuel Mims, Joseph Wilson, and the Baptist church at Salem meeting-house, in the Mississippi Territory.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That Richard Tervin be, and he is hereby, authorized to produce to the Register of the Land Office, and the Receiver of Public Moneys, for the district east of Pearl river, in the Mississippi Territory, evidence of his having inhabited and cultivated a tract of land in said Territory, prior to the thirtieth day of March, one thousand seven hundred and ninety=-eight; and in case such evidence shall be produced, the said Register and receiver are required to grant to the said Richard Tervin, a donation certificate for such tract of land not exceeding six hundred and forty acres.
Sec. 2. And be it further enacted, That William Coleman be, and he is hereby, authorized to produce to the said register and Receiver, evidence of his right to a donation of a tract of land, on the Tombigbee river, in said Territory; and, in case he shall produce satisfactory evidence to the said register and Receiver, tht he was entitled to a donation of such tract, according to the provisions of the second section of the act entitled “An act regulating the grants of land, and providing for the disposal of the lands of the United States south of the State of Tennessee” and the acts supplementary thereto, it shall then be lawful for the said William Coleman to locate a quantity of land, equal to that to which he was entitled under the above mentioned provisions, on any lands of the United States, which shall have been offered at public sale in the said district, and that shall then remain unsold; and it shall be the duty of the said Registrar and Receiver to issue a donation certificate to the said William Coleman for the land so located by him.
Sec. 3. And be it further enacted, That Edwin Lewis be entitled to the right of pre-emption in five acres of land, situate within the boundaries of a tract of land whereon he resides, which five acres were heretofore used for an encampment for the troops of the United States, so soon as the same shall cease to be used for that purpose; the said five acres to be paid for at the same price, on the same terms and conditions, as are provided for lands granted by right of pre-emption in the Mississippi Territory.
Sec. 4. And be it further enacted, That Samuel Mims be, and he is hereby, confirmed in his title to a tract of land, containing five hundred and eighty-four acres, granted by the British Government of West Florida, to William Clark, so as not to deprive the heirs of said Clark, or any other person or persons, of their legal remedy, if any they have, for the recovery of said lands from the said Mims, his heirs, or assigns.
Sec. 5. And be it further enacted, That Joseph Williams b, and he is hereby, authorized to enter with the Register of the Land Office, his certificate or pre-emption right, granted to him by the Board of Commissioners, for the district east of the Pearl river, in the Mississippi Territory, for the quantity of four hundred and eighty acres of land, lying n the Tombigbee river, in the said Territory; and that payment be made therefor, at the same price, and on the same terms and conditions as are provided, by law, for other lands granted in right of pre-emption in said Territory.
Sec. 6. And be it further enacted, That there be reserved the quantity of five acres of land, including Salem meeting-house, in the Mississippi Territory, for the use of the Baptist church, at said meeting-house.
JOSEPH B. VARNUM,
Speaker of the House of Representatives.
GEORGE CLINTON
Vice President of the United States, and President of the Senate.