The Madisonian. [volume], January 16, 1841, Image 1

About The Madisonian. [volume] (Washington City [D.C.]) 1837-1845

Image provided by: Library of Congress, Washington, DC

                
T H E M X'uMo N IAN.
? ? f\
1 AflfM A ., ii L E f ,
' vEtor i. Proprietor.
. jyAD itLKOD,
Editor.
i W^'aoents.
jjsri% H. L^Mmb, 34 Catharine street, Phi1
tuielphia.
V J. II. Wbl*m * ^'.ttsburg, Pa.
I C. W. / .m. C, c.um3, Ohio.
A? Henry 8. VImM, 464 Bowerr, New York.
1 Georoe W. Bull., Buffalo, N. York.
I Jacob R. How, Auburn, New York.
Sylvaa i-evkns, New Haven, Ct
E. B. BMfcwBoston, Mum.
Thomas TT Wilby, Cahawba, Alabama.
Weston F. Birch, Fayette, Missouri.
Israel Russell, Harper's Ferry, Va.
Josiah Snow, Detroit, Michigan.
The Madisonian is published Tri-weekly during
the sittings of Congress, and Semi-weekly during the
recess, at 86 per annum. For six months, ?3.
i ,. The Madisonian. weekly, per annua, $2 ; do. six
months, $1.
k No subscription will be taken for a term short of
I . six months j nor unless paid for in advance,
j price op ADVERnsiNO.
[ Twelve lines, or loss, throe insertions, - - $1 00
Each additional insertion, - - 23
1 Longer advertisements at proportionate rates.
A literal /lim-mint made to those who advertiso by
> the year.
X3r Subacribera may remit by mail, in bills of solvent
banks, postage paid, at our risk; provided it shall
appear by a postmaster's certificate, that such remittance
has been duly mailed.
A liberal discount will be made to companies of
IJloe or more transmitting their subscriptions together.
Postmasters, and others authorized, acting as our
agents, will be entitled to receive a copy of the paper
gratis for every five subscribers, or at that rate per
cent, on subscriptions generally; the terms being fulfilled.
Letters and communications mteuded for the estabishment
will not be received unless the postage is
paid.
DEBATE IN THE SENATE.
Prospective pre-emption bill.
Wednesday, January 6, 1841.
I The order of the day being the bill to establish a
permanent prospective pre-emption system in favor of
settlers on the public lands who shall inhabit and cultivate
the same and raiae a log cabin thereon; ami the
question being on the amendment offered by Mr.
Prentiss, of Vermont, as a substitute for the whole
bill, as follows:
" Strike out all after the enactfng clause, and insert
the following: That every actual settler on any of the
public lands to which the Indian title haB been extinguished,
except such as are hereinafter reserved, being
the head of a family, or over twenty-one years of
age, who was in possession and a house-keeper, by
personal residence thereon, at the time of the passing
of this act, and for four months next preceding, shall
be entitled to a pre-emption in the purchase of tne land
so settled upon, not exceeding one quarter section, at
the minimum ljrice now established by law."
Mr. TAPPAN, of Ohio, first offered, by consent,
the following amendment: "
And provided further, That no person, being the
ownsr of land in any State or Territory, who shall
quit or abandon his residence on his own land to reside
on public land in the same State or Territory,
h.u ?/iuin mv ri?ht of nre-emntion under this act."
WMWH T1MMW?J "B r r
Mr. NORVELL Expressed himself as opposed to
the amendment, and demanded that the question on
it be token by yeas and nays,
Mr. BENTON made.p few remarks inaudible to
the Reporter, but believed to have been in favor of the
amendment. *
Mr. LINN approved the object of the amendment,
and thought he should vote for it; but believed there
would be great practical difficulty in carrying it out.?
He stated that when a section of new land was attached
to the State of Missouri, on its northern border,
men who held large property in the more settled
portion of the State abandoned it, and went to settle
. in this new district, that they might obtain pre-emptions.
Such had never been the intention of the law.
Its beneficent object was to secure a home to the pool
man who had none, and not to hold out eno .urage1
men is to the wealthy to remove upon the public lands.
The difficulty would be in carrying out the amendj
ments, and Mr. L. wished for no law that could not be
' carried out. Whatever gentlemen might say, one
(thing was certain?R was impossible to restrain the
people of the West from going on the public lands.?
- . Gentlemen might as well attempt to stop the course o:
the Aier? or the winds. The law, in fact, was adoat
leitei, uinl must no remain, whether pre-emntfon Uwi
were passed or not. It was not, to be sure, a mattei
of entire indifference, for there were some settlers whe
did not wish to violate any law of the land; but
whether such laws were passed or not, there wen
those who would enter on the public domain. Thi
whole force of the United States, were it ten time
Seater than it is, could nover prevent it. Why not
en, pass a general pre-emption law, and provide fo
the case as it existed 1 The laws restraining se'tle
mcnt could not be enforced. They never had been
and Mr. L. thanked God that they had not. But, if
f Congress should refuse a pre-emption law, what woul<
be the practical result 1 The neighbors who had mad<
, their settlement would come together with their riflei
on the day of public sale, and the speculator, who wai
there for the purpose of buying their farms over thei
heads, would receive a very intelligible intimation tha
his absence would be more agreeable than his compa
ny ; and such " notice to quit" was in every case veri
promptly obeyed. He thought, therefore, that th<
amendment would be inoperative. A man might be
. L _ . U_.l | ,
even required to swear mm ??u uw icuimtu uvu>.
settled home to come on the public land, but in hov
many various shapes would such an oath be evaded'
Still, if the mover would ?? modify the amendment ai
to require the oath as a security, Mr. L. was ready t<
vote lor it.
Mr. FULTON, of Arkansas, said that he was i
representative of the log cabin interest, and it wai
their policy to improve every foot of the public land a
fast as possible. When the object of the bill was ti
enabfc the hardy pioneer to get his little farm at som<
two or three cents an acre lower than if he purchase!
ft at the public sale, could it possibly be an object witl
the Senate to prevent him 1 And, supposing a mat
had made one improvement, was that any reason h
should be prevented from making another 1 He migh
have earned one home for himself, was that any rea
son he might not wish to obtain another for his son
The question being put on Mr. Tappan's amend
mcnt, it was adopted by yeas and nays, as follows
Yeas 26, nays 18.
The question then recurring on the substitute fo
I the bill proposed by Mr. Prentiss, of Vermont?
Mjr.SEvlER demanded the yeas and nays; whic.
were ordered.
Mr. PRENTISS then went into a brief explanr
Ition of the amendment, which, from the feebleness t
hie voice, was but partially heard by the Reporter. H
was understood as objecting to the bill before the Sen
ate as being both prospective and as applying to land
surveyed and unsurveyed. As it held out an inviti
tion, not only to our own citizens, but to aliens fror
every land, to come and settle without any cenditior
its effect would be to make the public lands an objo<
of general scramble. When former pro-cmption bill
passed, they always required the lands to have bee
first surveyed, and never before had it been propose
to make them prospective in their operation. The evil
that must follow were inconceivable. Thq bill wen
in fact, to supersede the whole land system. It was
totally new and untried experiment; such a oncaath
Government never had sanctioned, and he hope
never would. The whole pre-emption policy was <
very doubtful expediency, even when made retrospe<
tive in its operation. But this bill proposed an entii
new, and, in Mr. P.'a apprehension, a dangerot
scheme, and one utterly opposed to the true inleres
of the country. Mr. P. had moved a substitute b
< way of test of the intentions of the Senate.
Mr. CLAY, of Kentucky, now rose and addresse
the Senate nearly as follows :
The amendment now offered by my friend fro
Vermont, by drawing a line between the legislatin
heretofore pursued with relation to pre-emptions, an
the pew, comprehensive, and interminable legislatic
MAnAMil w thnnrpRent bill, opens the whole questic
I'lu^vu ... Y > .
for diacuiaion; and I avail myself of the opportuni
thus afforded, to present to the Senate some of tl
general views I have taken of this subject, and I invit
in the outset, the serious, and, 1 would say, the soleir
attention of the Senate to the bill before it. Befoi
however, I proceed to examine its provisions, alio
me, in passing, to notice a most navel and surprisii
doctrine advanced yesterday by the Senator from Ne
York, (Mr. Wright ;) not that I purpose to discui
at this time, >he position he assumed, but that I tin
here enter my punlic protest against it, lest, should
remain silent, it might be thought by any that I yic
my assent to it. The Senator s position is, that it
competent to a State, under the Constitution, to ado
an unnaturalized foreigner to vote in our elections
i
I
Tf
VOL. IV NO. 3]
wage no war against foreigner*. I respect them whei
their character entitle* them to respect. I well know
especially the value of the German yeomanry ; a het
ter set of husbandmen does not exist on the face of tb<
earth; honest, industrious, economical, admirabl
judges of the soil, the best judges of laud in allth<
country, devotedly attached to their families?that i
the character of our German population as I have be
come acquainted with it in my own immediate neigh
borhood. I will not now stop to speak of the characte
of the gallant Irish, whose virtues, and I will adiJ
whose defects of character (the virtues far overbullan
cing the defects) are so well known throughout th
world. I am not the enemy of foreigners, but the opin
ion expressed by the honorable Senator from Nev
York, is one of immense practical importance; for if
am not greatly misinformed, Preaident Van Buren owe
the vote of one Stale of this Confederacy, I mean th
State of Illinois, to the fact of unnaturalized foreign
era voting at our late election, and casting their vote
for him. I will not, however, enter on that subjeel
and I have adverted to it now, merely that no conclu
sion may be drawn from my silence that 1 approve e
tolerate the doctrine advanced by the Senator fron
New York. I here publicly express an 0|*iniondeci
dedly opposite. 1 think that the exeicise of the elet
tive franchise always implies citizenship, though citi
zenship does not imply the right to the exercise of th
elective franchise. I bold that a voter, whose vok
may effect or change the entire policy of the country
may alter or subvert the Conbtitution and laws of th
country, is a component pait of the political power c
the country. I hold that the power over the subjer
of naturalization has been confided by the Constitutio
exclusively to thu General Government, and that n
State can constitutionally exeicise that power; an
that, therefore, no State qai) confer those privilege
ahd immunities, or grant those rights which procee
from naturalization. This is my opinion, and 1 at
vance it here merely a8 a counter-projet to that e>
pressed by the Senator from New York. When
foreigner lias once been naturalized, * regard him as
brother, as a member of our political community, an
as entitled, with some fe.w constitutional exceptions, I
all the rights of native born citizens, and to the prote<
tion anil dcfince of the Government at home an
abroad; but until he has renounced hta allegiance I
his foreign Sovereign, and sworn Ixdelity to our cour
try, 1 cannot and will not?and I was utterly amaze
to hear the gentleman from New York express a di
ferent opinion?look upon him as incorporated in ot
society, and authorized, by the exercise of the electn
franchise, to exert an influence in/insettling or chanj
ing our entire political policy, whilst as a subject of
foreign Power, he lies under nil his original and natii
obligations. If the contrary doctrine be admitted I
be a sound one, then, as has been shown by a calci
lation which I have seen, the Emperor of Russia, b
a proper distribusion of 17,000 of his serfs among tl
States of this Union (if the States would have pe
mitted them to vote) might have changed the gloriou
the triumphant result ofthe vote of November last, ar
have continued those in power who, by the full, dec
ded, and manly expression of the public will, hai
been declared unworthy to be the depositaries of
any longer.
But it is with another subject that I have risen no
to deal?the fearful extension now proposed to 1
given to the Pre-emption System. We have now hi
a land system in operation for upwards of forty year
Is there any thing in the practical effect of this o
and long-tried system which should induce us to r
pudiate it for a new, untried, and wild experiment
What have been its results'? It commenced, aboi
forty years ago, or a little more, in one of the gre
Western members of the Confederacy, (the State
Ohio,) the settlement of which took place as much
twenty years later than in the case of her sister ar
neighbor, Kentucky. And what is her populatu
now 1 From the returns of the new census it is foui
to amount to a million and a half of souls?near
double that of my own State, although Kentucky hi
preceded her by such a great length of time. And
. we then go to Indiana, a still younger sister in tJ
. great faintly of States, we shall find that she exhib
a population of between six and 6even hundred the
sand nearly equal to that of a State which was h
. predecessor in the establishment of independent Sti
, sovereignty by thirty years. I will not go throu|
, the list All the members or the Senate are doubtli
familiar with the returns of the late census. All the
f great and astonishing results have taken place unc
| that system which we are now asked to change, li
, wise?is it prudent?is it statesmanlike, to reject a pi
f nvni wtflok t.sv* pTorMxfcd r.ueh gterJcus timits, <?
) untried, and, as I believe, a most hazardous expc
merit 1
3 What is the history of these pre-emption law
B They arose, I think, in the first instance in the ci
? of what is called Symmcs's Grant. John Cleves Sy
mes purchased from the Government a large tract
f land between the Great and Little Miami rivers,
. Ohio, including the spot where Cincinnati now stam
He was unable to pay for it, but finally made a co
J promise with the Government, and took a less amou
I of land. He had, in the mean time, sold out to r
u merous sub-purchasers, who, being innocent third pi
3 ties, and having purchased in good faith, were supp
9 sed to have a fair title to pre-emption for tho iinproi
r ments they had made and the farms they had open
I to cultivation. Congress, accordingly, granted
. thein a right to purchase from the Government t
z lands they held at the minimum price prescribed
e law. Then came the cession of Louisiana, many
5 the occupants of which had settled on their fan
4 while that Territory belonged to the Spanish and t
Y French Governments, under grants freely made, wh
j others had entered on their lands with confidence th
s according to the established usages and customs of t
j country, donations of land would be obtained, totai
unaware of the change of sovereignty which had pai
x ed upon the country without consulting them. T
3 question then arose, what ought, in equity, to be do
g in their easel And the American Government car
to the conclusion that all who had thus come into p<
p session of their land were equitably entitled to t
j right of pre-emption, which was accordingly extend
H to them. Next came a third case?that of the Kof
1 kia, Kaskaskia, and St. Vincent settlers in Illinois a
e Indiana. These inhabited French villages were si
t tied in some cases more than a century ago, and wt
_ not drawn within the action of our land system t
<1 about 50 years since. These people, having settl
. under like circumstances to those in Louisiana, w<
hi-lil r.-> have a claim couallv euuitable. and pre-empti
was granted to them also, Tfhus the system stood I
,r 1830, under Gen. Jackson's administration. Thr
for the first time, was introduced an entirely new pri
I, ciple, and it is that which is contained in the subetitt
for this bill proposed by the Senator from Vermoi
There is, however, a wide JitTerence between wf
,f this bill proposes and the practice introduced unc
e Gen. Jackson's administration.
i. The pre-emption laws, as altered in 1830, allowei
s right of pre-emption 10 all settlers on the public'lan
k_ from a specified day, who should assert their rights I
n fore the expiration of the law, the operation of whi
, was limited to two years. This new principle cc
tinned to he periodically re-enacted till some seven
|g eight years ago, when it encountered a gallant resi
n ance from a friend/ who I regret is not by my su
,1 but who has passed from this place, and, according
|g public tumor, is destined to a more useful and high
t sphere than even that of a seat in this body, august
g it may be. Great frauds and abuses were detected
p the execution of the pre-emption laws. Speculati
,1 freely used them. Floats especially were found to
fraught with iniquity. With the efficient aid of I
friend, (Mr. Ewing,) we succeeded in arresting, fo
p time, these pre-emption laws. We succeeded in p
,g ting an end to special and unlawful privileges. \
succeeded in restoring the principle ot fair equality
,y the disposal of the public lands. But those interei
speculative and others, which are always awa
j always watchful, always on the alert, to get
pie-emption laws, under the convenient and pli
m sihle guise of benefitting the poor, made a rally
n 1838. We were then told that not less than thi
id thousand settlers had entered the Territory of lor
in The Scna'e was assured that these persons could i
in he removed from the public domain; that all them
ty tary force of the Union would be insufficient to
ie move them; and thus, under a species of moral durei
Wrtn thrt low of : Anil it 1
Cj J vv\ i? Iiiuuv-ru v\? J/KO" ? ?
m now been in operation for two years. But, not c
e, tinted with ail the victories heretofore achieved, not i
lVV isfied with pre-emption laws restricte<l in point of tii
,g and limited aa to the theatre on which they were to oj
iw a,ci gentlemen now come forward with a new and b(
(g) er, and more extensive demand. They have sudde
become converts to log cabin doctrine, [a laugh,] a
I | under a log cabin profession, they demand the passi
'Id a new 'aw< boundless in the space on which it u
ojierate, or restricted only by the limits of the pul
j * Understood to be the Hon. John Do vis.
?? 1
gpp *mIP?N v>1 " ?* 1 wp'WI v ii n? m in
E MAD
FOR THE
WASHINGTON CITY, SATUR]
i lands themselves, and illimitable as to time. Now
r with regard to the sincerity of these gentlemen in tLeir
- profession of log cabin principles, (though I am very
e glad to see that they have profited by the very salutary
e lesson afforded them within two or three months past,)
a I like to test their profession by their votes. When
s my colleague (Mr. Crittenden) offered an amendment,
- the effect of which would be to confine the operation of
r their bill to real log cabin men, to the veritable poor
r who could make oath that their entire property was
1, not worth more than $500, where did we find these
- new proselytes to log cabin doctrine 1 [A laugh.]
e Were they ready to go with us in thus%estricting the
i- bill 1 Were they prepared, by adopting this ainendv
ment, to shut out from the privileges of the bill the
I rich men?the " baron*"?the owners of manors?the
s greedy speculator, and restrict it to the hardy settler
e who sought a home for himself and his children. No,
i- sir, no; every man of them voted it down.
s Let us now pause a moment, and look a little at the
t, distinctive provisions of this bill. Heretofore prei
emption bills have been retrospective only; this is in
r its operation both ietrospective and prospective. HereK;il?
kauo hnan lliiiit?>rl AS til tUllP !
J Uliutr pCGOl^llUU Mil ir? u??o WWV.? ? ,
i- thin is unlimited in point of time so long as there rei
mains a foot of land for it to operate on. Heretofore
i- pre-emption bills were operative practically only wi'h
e reference to some new land, recently surveyed and
? brought into the market: this bill is a proclamation to
r, the whole universe, native or foreign, naturalized or
e unnaturalized, that the moment the Indian title is ex*
if tinguished to any portion of the land held by the
:t United States, they may all rush in and take just as
n much of it as they please, without even waiting for a
0 survey; and that all the other surveyed public lands of
d the United States, amounting to about one hundred
? and twenty uiHl'ons of acres, oo matter how long they
d have been in market, and although they may be purI
chased at the moderate price of one dollar and a quarr
ter per acre, are to be subject to the right of pre-empa
tion. This, it is obvious, involves a complete change
a in our whole land system; a thorough, radical, entire
id change. It opens at once all the public lands, sur*
to veyed and unsurveyed, to the operation of a pre-emp8
tion law.
d And here let me stop and look for an instant at
to what are said to be the sole advantages granted to the
i- pre-emptor by this bill; a point on which there exists
d the greatest possible misconception, either on the part
f- of other gentlemen or myself. The whole practical
ir difference which this bill is to work in our receipts
re from the public domain is said to be some two or three
j- cents per acre. Here is a message of the President
a of the United States, sent by him to Congress in Dere
cember, 1837. It is, in many respects, a discreet and
to sensible paper, so far as ft treats on the subject of the
i- public lands. The President here praises the old land
>y system as it deserves. He describes those who entei
ie on the public domain, without title or pretence of title
r- as " trespassers," " intruders," and he recommend*
g, the passage of one more pre-emption law, and ont
id only, and after that the adoption of stronger measures
:i- for the purpose (in his own language) " of preventing
re these intrusions." The Senator from Missouri (Mr
it Benton) spoke to us yesterday of the President as being
a capital pre-emptioner now, although when ht
w was here as a . Senator he was decidedly opposed U
>e the whole system, and although when he came ink
id office he talked about " trespassers" and " intruders'
s. on the public lands, and recommended us to adopt
Id measures to put a stop to these " intrusions" in future
e- It would seem that the President is an attentive listen
1 er to the advice of his friends, and always open to con
lit viction. I must admit that he has exhibited nst a lit
at tie flexibility in yielding to the suggestions of someo
of those who have his ears. I will make my positior
as more general. I think that both the Secretary of thi
id Treasury and the President have shown remarkable
in case in opening their ears to the counsels of gentle
id men who are strong advocates for pre-emption lawi
ly and for the practical appropriation of the public do
id main to the benefit of a few. The Secretary hai
if brought down the receipts from the public lands t<
he three millions of dollars. They were three million
its in 1838, and the very next year they rose to sevei
hi- millions. The receipts from this source have beei
ler subject to great fluctuation ; the post year a little abov
ite three millions. They are now sinking, and it seem
gh that the more they sink the more he calls out for pre
ess emption laws! pre-emption laws! graduation laws
se to save him from that impending ruin in the adminii
ler tr&tion of the public domain which his system is aboi
:i.i_
I 11 vu IfllllCl. ff tiai, mr, is it pusmuic mat aujr uiauan
what shall I say 1?that any man in his senses can t
an' ri'li'-nlous a# to suppose that. l>x.rcdu<
ri- ing the price of the public lands from a dollar and
quarter to twenty-five cents, or, in some instances, t
si 50 cents, you will get more money for thcml Y<
ise that is the principle assumed by the Secretary of th
m- Treasury, and it shows the opinion which operates i
of his mind, and in. the minds of the friends of gradue
in tion and pre-emption laws. I will not attempt to dei
Js. cribe the whole of the consequences of this law. On
rn- of its effects is to concert the existing cash systet
int into a credit system. Do you not see it 1 What i
iu- the fact as to the pre-emption laws heretofore granted
sir- They gave the pre-emptioner a credit of two yean
x>- The gentleman from Alabama (Mr. Clay) now limit
re- his credit to one year; but, whether the term be one
ed two, or three years, it changes our land system from
to sale for cash to a sale for credit. And thus the whol
he 120 millions of acres of the public domain will all pas
by under this newly revived credit system.
of And who are they who propose this change 1 Th
m very men who decry all credit, who clamor for har<
he money, who inveigh against banks, and denounce th
ile credit system as the source of all our woes ! and ye
at, here, now under the name of a pre-emption law, the;
he propose to revive the whole credit system! Can it hi
lly doubted that such will be the result of the bill 1 Wil
as- any man, who can get his land on a credit of one o
he two years, buy it for cash 1?especially when he cai
ne dispose of his cash at a rate of 18 por cent, interest, a
ne prevails in Illinois and some other new States 1
is- This is a grave feature in this new experiment, am
he deserves the serious consideration of the Senate. Ti
ed what will such a system lead 1 Have we had no ex
io- perience on this subject 1 When you have parte<
nd with your land from year to year thus on credit, yoi
et- will at length have accumulated a mass of debtors oi
re whose behalf petition after petition will be presentei
till here, and their inability to pay will be most patheti
ed cally set forth, till at last your compassion will be mov
?rc ed, and you will forgive these poor debtors the amoun
on of their debt, and consent to take remuneration fo
till their land in some other form of advantage to the pub
in, lie service.
i. - . . .i L. -.a. i i :J _?.i
in- 11 ih not correct, uiougii it hum ueen muiu mm ic
He peated by some gentlemen here, that the sole differ
nt. ence effected by the pre-emption law in the price yot
lat receive for the public lands is some two or three centi
ler per acre. First, there is the difference of six centi
which the President states; and how is this madi
I a out 1 The public land is sold either by auction or a
ids private sale; but owing to correction, to violence, t<
:>e- combinations, and the open contempt of law, (a stati
ch of things which has grown with the multiplication o
>n- pre emption laws,) the proceeds of the auction salei
or are now much less than formerly. I cannot bclievi
st- with the Senator from Missouri, (Mr. Linn,) that th<
Je, people of the United States arc incompetent to protec
to their own property. I believe that it can be dome b<
ter a steady, tirm, and upright administration of the Go
as vernment. I believe that the people of the Unite*
in States are capable of protecting their rights against al
ors who assail them, whether from within or from with
be out. Assuredly, if the Government cannot protec
my what is its own, it must be very incompetent to^ro
r a tect us and ours. But, I ask, how is the six cent
ut- excess of sales over the minimum price, referred to b;
Ve the President, made up1 It is got by running at
in average over the total amount of sales, both by auctioi
its, and by private entry. Now, the amount sold at auc
ke, tion is not one-fourth, no, I believe, not one-tenth, par
up of the whole. The Secretary takes the auction salc?
... where the IninU hr.nurht from !R!.r? to nil acre, am
I*U" ? A "w? ? *rr I in
spreads that amount of excess over the whole remain
rt v ing nine-tenths of the total amount sold by private en
va. fryi an,l then he makes an average, and uraws the in
not ference that the whole gain in selling the public land
,j|i- in the established and customary method over whn
re. they bring under the pre-emption laws amounts to bu
,flRi six cents an acre! Is this fair I But even this amoun
has of "tx cents, under a proper administration of th
on. system, would cover the whole expense of survey an
iat- sale. But is that all I You are to add two years'in
ne, terest on the minimum price, which, on a credit of tw
ter- years, amounts to fifteen cents. If one year's cred
>|d- only is given, it will be seven and a half cents, whicl
nly added to the six cents, makes thirteen and a half cent
nd, on every acre of the public domain, which would b
age gained by the continuance of the old system,
i to But more. This bill amounts to a virtual repeal r
bile the auction. That system applies only to new land
recently brought into market. But of what avail i
an auction if you proclaim to the whole world thi
?JBBBi
-"-W
ISON1
COUNTRY.
DAY EVENING, JANUARY 16, 1841.
they may get the land at the minimum price if they
will only coine and settle on it, and that beforesurveyl
The entire existing svstem is superseded by the introduction
of this "wooden horse," with all the means of
injury with which it is fraught.
I have now described, but not with all that force in
which the circumstances of the case would warrant
me, the difference between the old and long-established
land system of this country and the new and fearful
experiment now proposed. You must Irate seen
that the change is to be thorough and radical. Now
1 put it to the Administration Senators in this body?
to their candor?to their patriotism?to their sense of
justice?is it tight, on the close of the administration
of a dismissed ministry, to introduce a new and totally
different policy in regard to one of the greatest interests
of the country! Is it right, is it fair, that the
policy of the existing Administration now passing out
of power shall be made to lap pver on the new Administration
without consulting them or paying the least
regard to their judgment in the matter 1 The progress
of the Administration of the American Government
has developed in the practical operation of our system
a new feature, and one of the most profound importance.
A different political phenomenon takes place
here from any thing which exists in Europe. In European
constitutional Governments, when a ministry
it dismissed or goes out of office, the King or the
Queen, as the case may be, yields to the change of
sentiment, and comes round with the nation. But
here an Administration may be dismissed and it ill
remain far months in power. What, in such a case,
iB it their duty to do'! I will tell gentlemen what 1
would do in the like circumstances. I would institute
no new measures of policy. I would simply keep the
political machine in motion. 1 would giease the wheels
sad repair and peterve all its parts in a statu of preparation
for the performance ot those high duties for
which the whole was constructed; but 1 would attempt
nothing new in the permanent policy of the
country, foreign or domestic. By such a moderate
coarse alone can the evils of the anomaly to which I
have adverted be prevented. I would not ask gentlemen
to deny themselves a fair exercise of the Executive
patronage from now till the 4th of March next
I do not ask them to do what was done when Mr.
: Adams was expelled from the Presidoncy?I should
i say, lost his election. What did they do then 1 The
, Senate refused to pass on important Executive nomi[
nations till afler the 4th of March, and then several of
thftm Witp withdrawn and anhwfit iiIph ?pnt in hv th?
new President The Spnate refused him the constitutional
exercise of his official right from the time of
his lost election till he went out of office. This I do
not ask. I dare to say General Harrison, when he
comes, will look at those whom he finds in office, and,
if ho finds that they are honest and capable and faithiuI,
that they have not been noisy and forward politicians,
nor brought their official influence in conflict
with the freedom of elections; if any such there be, (a
laugh.) I hope he will let them stand (though I fear
there will be but few) as monuments of the liberality
of Whig Administration, acting on patriotic principles.
(Sensation and remarks of "That's fair. But
if gentlemen expect that General Harrison, because
they, choose to rush on and make appointments, with
a view to thwart his Administration, will, when he
comes here, fear to do his duty, either they or I have
mistaken the man. General Harrison means to be the
President on the 4th of March next, which his fellow-citizens
have elected him to be. And no premature
bill, no stretching out of the policy of this into
the next Administration, is going to restrain him from
looking at those in office, and deciding for himself
whether they possess the requisite qualifications for
the discharge of their official duty.
But, to come back. I put it to gentlemen whether
it is right and fair to make this great change in the
land system of the country at such a time! Would
9 you like us to do it if conditions were reversed 1
But there are other considerations which admonish
9 us a^iinst legislating on this subject at the present
a time. We have not yet officially received the results
8 of the census for the last ten years; we cannot, theien
fore, see whether the new States have filled up as rati
pidly as we could wish. Let us first see what is the
e number of their population; so that we may judge
9 whether any further stimulant is needed to quicken
the rate at which their numbers increase. I know,
i indeed, that the result will show directly the contrary
From tables which I caused to be carefully construct
,t ed nine years ago, it is shown that the population o
_ the new States increases at a rate vastly over that o
,e the old. Take a single example. The population o
._ Illinois doubles itself in six years! What, then, i
"K" Ifce'gfOuitit for rtie aflttprWYibf this new system
0 Does it consist in some notions of charity to the poor
3t I have formerly adverted to that subject. Where d<
ie gentlemen get theii right to set up eleemosynary lawi
n tor the benefit of the poorer portions of the communi
ty 1 But if they have, what will be the operation o
the system in this respect 1 It is pretended to be foi
e the advantage of widows and orphans, (orphans ovei
n eighteen years, however.) Is any gentleman here ig
g norunt of what will and must, of necessity, be the prac
1 tical operation of such a law? Will a widow ir
Maine travel all the way to Missouri that she ma)
I receive the boon proposed to be given her by this law i
Will not its benciits be confined to the widows of thf
locality ? In terms, to be sure, it proposes to contei
0 the pre-emption on all widows and minors. But will nol
8 the benefit, in fact, be limited to widows and minor*
residing in the States within which the lands lie 1
e Surely. That, then, is the extent of your charity.
j I am not very well, and I do not feel very much ene
couraged by post experience in opposition to this bill
t My hope is elsewhere; though I would trust that hop
norablc Senators would at least pause before they take
B such a leap.
1 There are other consequences on which I might
r dwell. We have heard that this bill and another al^
lied to it are to increase the revenue: and I believe
s that one of them was, pro forma, sent to the Committee
on Finance on that ground. The new plan is, to
j increase the resources of the now impoverished cxche0
quer; but I have already shown that, lor (he present
. at least, the revenue will be diminished instead of inj
creased by it; for the amount vested in the public
j lands under this law will be on a credit of one or two
3 years, and cannot come into the Treasury till the end
j of that time. And as those disposed to make such in.
vestments will avail themselves of the credit, there will
. be sales to but an inconsiderable amount fur cash, and
t a consequent diminution of the proceeds during the
r present year. Therefore, with an exhausted Trcasu.
ry, with a vast national debt, ascertained and unascertained,
besides a large amount, to be soon redeemed, of
. Treasury notes outstanding and running on interest,
. it is now proposed, instead of replenishing the empty
coffers of Mr. Secretary Woodbury, by an imposition
at once of duties on luxuries, to increase, instead of
removing, the existing deficit in our pecuniary resources.
Our land system heretofore has been the admiration
of the world for one of its best and noblest features,
8 viz. me pcrrecr security u gave as 10 me lanu uiies 01
f our new settlements. No man who had eyes to see
? the marks upon a corner tree, or upon a stone standit
ing in a prairie, could possibly mistake the limits of his
e own tract; and no other man could have color of
t right to disturb him on the ground of his title. Srcuf
kity?absolute security in land titles?has been one
- of the highest blessings in the new States. But are
I you sure that this will con'iuuc to be the case under
J your now pre-emption law 1 Do but conceive how it
- will work. Imagine that a new district of rich and
t choice land had just been thrown open. The Indian
- title has been extinguished, but the fresh and fertile
s lands have not yet been surveyed. They are open,
y however, to the operation of this bill; and, in the
a course of a few weeks, may become Worth from fifteen
a to twenty dollars per acre. You proclaim to all who
- come rushing in torrents upon tne new acquisition,
t crowding, contending, scrambling for the fairest spots
i, and best situations, that they shall have a pre-emption,
il What scenes of confusion, contention, heart-burning,
. VVhnn n itn.
IIJ, V" iMWUDum, IUUBI liUiuiniij cimuvi '? ? "?
i- tion, heretofore esteemed wiso and prudent in the
- management of its public domain, proclaima to all the
s world that the firat man who cornea and seizes on it
it ahall have it, who can calculate, who can conceive the
it confusion, disorder, and mischief which must ensue ?
it Who can estimate the effects of the broad foundation
e that will be laid for uncertainty, controversy, and litid
gat ion in land titles 1
i- Again, this bill must work a vast increase of the
o Executive power; for all disputed pre-emption rights
it which, according to the cautious policy of Virginia,
t, were referred to the decision of the Judiciary by caveat
a or ejectment, or bill in chancery, are now ultimately
e cast on the Executive of the U niter! States; for the
bill provides that they shall be settled " summarily'
>f and definitely by the Register and Receiver of the
Is land district In which the dispute arises, these officer*
is to decide under instructions from the Commissioner ol
it the General Land Office. So, the disputant is put
" ~Jr ^
j
!,! J1 "J
II
[WHOLE NO. 156.
under the Register and Receiver; the Register an
Receiver are under the Commissioner; the Commit
sioneris under the Secretary of the Treasury, andth
Secretary is under the President. Thus, you add iuo
mensely to the mass of Executive power, by drawin;
within its vortex all the deputed claims through all th
land districts. And now, I ask, what right nave yo
?and I put the inquiry more especially to that portioi
of the Senate who have been in the habit of esteeinin
it as their more peculiar province and duty to guar
and defend the Constitution of the United Statesman
who, perhaps, have sometimes pushed their zeal on thi
subject a little too far)?what right have you, and ur
der what principle, or provision of the Constitution
especially after the clear and distinct separation in th
Constitution of the Judicial from the other department
of the Government?what right have y?u to give t
the Register and Receiver of one of your land district
this indisputable judicial power to decide a questio
of title to real estate " summarily," without appea
and without the intervention of a jury 1 And the
what a temptation do you not present to public oflicei
so fcitu&ted! Why, if I am rightly informed, thei
was not long since a single pre-emption right near th
town of Chicago, the value of which was at one tin
estimated as hi<h as $r<J00,000; and the right to sue
a property is to be entrusted to a Register and Receivi
absolutely and without appeal! Can there be great
danger of corruption, or, at least, of favoritism 1 T1
power is tremendous.
Mr. President, I have said much more than I ii
tended. Both your comfort and my own require th
I should here stop; and I.will stop with repeating nc
most anxious entreaty to those honorable gentlemc
whom in political sentiment I have the misfortune I
oppose, that they will pause before they sanction a
untried experiment of such enormous magnitude,
ask them to wait for the results of the late census; i
compare the population of the new and the old State
and the relative rate at which both axe increasing; an
before they part with a land system which is at th
hour the pride and ornament of the legislation of tl
Congress of the United States, and which has brougl
to the nation such rich and invaluable fruit, to [*use
to pause!?and if they will not abandon the plai
t that they will at least consent to embark on these tie'
experiments with greater light to guide their court
than that which they now have.
?toeutg*Sf*th Cortflress.
SECOND SESSION.
IN SENATE.
Tuesday, Jan. 12, 1841.
Memorials and petitions were presented by Messr
Norvell, Pierce, Ruggles, Wall, Hubbard, and Bei
ton.
reports from committees.
By Mr. PHELPS, from the Committee on lndit
Affairs : A bill for the relief of Gary Hinant.
Also, from the same committee, an adverse report c
the claim of Wm. Dickerson.
By Mr. SEVIER, from the Committee on lndit
Affairs: A bill for the relief of Sarah M. Charlb
and others.
By Mr. LINN, from the Committee of Priva
Land Claims: A bill for the relief of Jaques Bon ai
Alexander Coleman.
By Mr. CLAY, of Alabama, from the Committ
on Public Lands: A bill to regulate the land offices
the State of Indiana, and for other purposes, with i
amendment.
By Mr. YOUNG, from the Committee on Roa
and Canals: Asking to be discharged from the cc
sideration of the following memorials:
From the Directors of the Mount Carmel Railro
Company; from the Legislature of Louisiana; a
from the citizens of Allegany in relation to the na
gation of Allegany river
By Mr. HUBBARD, from the Committee
Claims: An adverse report on the petition of Ro
Hopkins.
| bills introduced,
i The following bills were introduced, on leave, tw
read, and appropriately referred:
' By Mr. CLAY, of Alabama: A bill for the rc
. of the Eagle Railroad and Lumber Company,
f By Mr. YOUNG: A bill for the continuation
f the Cumberland road through the States of Ohio,
f diana and Illinois.
a Mr. TAPPAN moved to amend the 9th joint i
J* "f tho two Hew^s as follows, which was order*-'
i be printed :
a " That before any committee of either House
s Congress shall report a bill in favor of any prii
- claim, it shall be the duty of the chairman of s
f committee to call upon the proper department, with
r business of which said claim is connected, for
r puch facts and evidence as may be in possession
' such department, or any officer thereof, touching si
claims; the answer to which shall be reported w
i said bill."
[ The following bills were severally considered as
, Committee of the Whole, and ordered to be
, grossed:
t A bill confirming to George TuckeT, his heirs or
[ signs, a certain tract of land in Alabama.
A bill to authorize the Legislature of the State
Arkansas to sell the lands heretofore appropriated
the use of schools in that State.
A bill for the relief of Francis Laventure, Ebene
Childs, and Linus Thompson.
, A bill to perfect the titles to lands south of the J
kansas river, held under New Madrid locations a
pre-emption rights, under the act of 1814.
A bill for the relief of Daniel Steenrod.
A bill for the relief of James M. Morgan.
A bill for the relief of Francis* Gehon.
A bill for the relief of James H. Relfe.
A bill for the relief of Jubal B. Hancock.
A bill in addition to an act to promote the progrf
of the useful arts.
A bill for the relief of Charles M. Keller and Hen
Stone.
A bill for the relief of Thomas Haskins and Ral
Haskins.
A bill lor the relief of Joseph Bogy.
A bill for the relief of Thomas B. Copes.
A bill for the relief of John C. Reynolds.
A joint resolution to authorize the Secretary of t
Treasury to extend further indulgeince to certain c
. i?1.~
pUDii?c uuunn.
SPECIAL ORDER.
The Senate then proceeded to the discussion of t
special order, the bill relating to the permanent a;
prospective pre-emption system, when
Mr. CALHOUN rose and addressed the Senate
length in favor of his substitute for the amendment
Mr. Crittenden.
Mr. CRITTENDEN followed, and was replied
by Mr. BENTON, when, at a late hour, the Seni
adjourned.
HOUSE OF REPRESENTATIVES.
Tuesday, January 12, 1841.
Mr. ADAMS had leave to present a petition
Redman Burke and George Wix, complaining tl
they have been discharged from work on the pub
buildings in Washington: which was leferred to I
Committee on the Public Buildings.
Mr. GREEN asked the consent of the House to
troduce the following re-olution :
Resol ed, That the Committee of Ways and Met
be instructed to inquire into the expediency and i
cessity of laying such duties, for the purposes of re
nue, upon wines and silks, and such other articles
luxury imported into the United States, as will m
the necessary expenditures of the Government, a
pay off the debt already incurred by the issue of Tr
sury notes, and all such othei debts as may be owi
by the Government of the United States, and tl
said committee report by bill or otherwise.
Mr. TURNEY called for the reading of the reso
lion. It was read accordingly,
i Mr. PICKENS was proceeding to make some i
marks; when
Mr. HUBBARD objected to the introduction
i the resolution ; and there the matter ended,
i Mi. CAMPBELL, of S. C., asked leave to intr.
duce a resolution directing the Speaker to issue a su
ptrna tim es tecum to Samuel Hart, clerk of the cou
' in Philadelphia, to appear before the House with tl
j election returns of member of Congress for the j
' district of Pennsylvania, in 1838. .
I Many members objected to the introduction ot tr
, resolution, and it was returned to Mr. Campbell,
r Mr. SERGEANT, from the Committee on the Ji
; diciary, to which were referred four bills from tl
'
ss?. ^ r."- -
Senate, vig; for the relief of W*IUi Loamis and Abel
Gay; for the relief of Clements, Bryan A Co.; for the
reliefof JehnMore; and for the relief of John Carter,
moved to be discharged from the consideration of the
aid bills, and to refer the three first named to the
Committee of Claims, end the lad to the Committee
for the District of Columbia; which was agreed U>.
Mr. SaaoctNT alao reported the Senate bill further
to amend the act providing for taking the Sixth Census,
with a small amendment, which was adopted ; and
= the bill was then read the third time, aui passed.
IMPRISONMENT FOB DEBT.,
. Mr. SERGKA NT reported the bill from the Senate
supplementary to the act to abolish unpriobauicril for
d debt in certain cases, without amendment.
>- Mr. S. explained the provisions of the bill, and the ,
a urgent necessity that existed for immediate action upon
i* it. And he asked that it might now be put to its third
g reading.
e Mr. ADAMS moved to amend the bill by striking
u out the words " or shall hereafter* be," and gave his
n reasons for proposing the amendment, contending that
5 the act, as it now stood, transferred to the States the
power which, under the Constitution of the United
d States, belonged to Congress.
d The amendment was discussed briefly by Messrs.
i- Monroe, Thompson, of Mississippi, Fillmore, Curtis,
I. V&nderpoel, Barnard,and Pope. ,
e Mr. EVERETT inquired if it was intended that
'* the effect of the bill should be retrospective 1 If that
0 was to be the effect, be thought that the bill itself ought
Is not to pass.
u Mr. HABERSHAM objected, he said, to the whole
I, bill, as well ss to the bill passed at the last Station of
n Congress; for he believed the operation was partial,
rs He moved, therefore, to recommit the bill to the Comre
mittce on the Judiciary, with the following instruc- j
>e lions:
h "To report a bill to abolish imprisonment for debt
er under process issuing from the Courts of the United ? -J*
er States in all caaes except where the judgment shall be I'm
against an officer of the United States for a defalcation
in his office."
Mr. PECK sustained briefly the motion to recomttt
mil
y Mr. SERGEANT explained his views in relation
n to the constitutional point as between the United J
t0 States and the several States, and earnestly opposed
the amendment.
1 Mr. BRIGGS here roae, and reminded the House
h> that Mr. Naylor, who was entitled to the floor in \ , Mi
*< continuation of his argument, had yielded to bis col- \ j
>d league, (Mr. Seroeant,^ under the supposition that
ix the bill would be dispoaeoof in a few moments?
i" When several voices called for the " previous quesit
tion."
? Mr. VANDERPOEL said he would move the pre?>
vious question if the gentleman from Massachusetts
w (Mr. Briggs) would give way.
? And Mr. BRIGGS havingyielded the floor?
Mr. VANDERPOEL moved the previous quesS
tion.
And there was a second.
The SPEAKER said that the previous question
would cut aff the motion to recommit, and would bring
the House to a vote, first on the amendment, and then
on the third reading of the bill.
And the House ordered that the main question
should bo now put.
g Mr. ADAMS asked for the yeas and nays on his
amendment, which were ordered, and, being taken,
were yeas 31, nays 110.
So the amendment was rejected.
And the bill (having been ordered to a third reading
m at this time) was read a third time and passed.
It is in the following words.
>n A BILL supplementary to an act to abolish imprisonment
for debt in certain cases,
in Be it enacted by the Smote and House of Repre)n
4rentativea of the United States of America in Congress
assembled, That the act entitled "An act to abolte
ish imprisonment for debt in certain cases," approved
ad February twenty-eight, eighteen hundred ana thirtynine,
shall be so construed as to abolish mprisonment
ee for debt, on process issuing out of any court of f.ho
in United States, in all cases whatever where, by the
an laws of any State in which the said Court shall be
held, the i nprisonment for debt has been, or shall
ds hereafter be, abolished.
n- Mr. SERGEANT, from the Committee on the
Judiciary, reported three bills from the Senate, viz.
ad To confirm to the State of Indiana, the land selectnd
ed by her for that portion of the Wabash and Erie cavi
nal which lies between the mouth of Tippecanoe river iv
and Terre Haute, and for other purposes. \V f ,
of To prevent the counterfeiiting of any foreign copper, \
yal gold, silver, or other coin, and to prevent the bringing
into the United States or uttering any counterfeit foreign
copper, gold, silver, or other coin/
To amend an act entitled An act more effectually to '
,ice provide for the punishment of certain crimes against
the United States, and for other purposes.
These bills were then committed to the Committee /,
of the Whole on the state of the Union j,
' 0 Mr. CAMPBELL, of South Carolina, again asked i
ln" leave to move a resolution, which was read at the ';
Clerk's tabls, and is as follows: W
7to Retailed, That the Speaker of this House J
quested to issue a rubpatna duces tecum to Samuel
Hart, Esq. prothonotary of the Court of Common
1 Pleas for the city and county of Philadelphia, direct?
ing the said Samuel Hart, Esq. to appear personally jfl
or by deputy before this House at 1 o clock, P. M. on !
? Friday, the 15th instant, with the election returns and
al' other papers on file in his cffice relating to the Con- f\t
-k Kre88'ona' Election in the Third Congressional Dis
" tnct in the State of Pennsylvania in 1838, there to be
',l'1 examined in evidence in the case of the contested
election now pending between C. J. Ingersoll and
in Charlea Naylor, from the said Congressional District. /
en- Several members objected.
Mr. CAMPBELL then moved a suspension of the - \
as rules to enable him to introduce the resolution, and
the question was put and decided in the negative with- M | i
of out a division.
for PENNSYLVANIA CONTESTED ELECTION. V
7er The House resumed the consideration of the case \ I
of the contested election from the Third Congression^r.
al District of the State of Pennsylvania between Mr.
nj Naylor and Mr. Ingersoll.
Mr. NAYLOR resumed his argument from yester- |
day in support of his right to the seat now held by 1
him ; and before he had concluded, " .1 S
The House adjourned. ? I
IN SENATE. f I
Wednesday, Jan. 13, 1841. . I
The Senate met at the usual hour, 12 o'clock. j l
ph After prayers and reading of the journal, Mr. . I
Kerr, Senator from Maryland, appeared, was quali- I
fied, and took his seat. 1
After othei morning business, of an unimportant cha- I 1
racier, consisting of private bills, &c., z-'lffl j
he Mr. KING, according to previous notice, on leave, I
|e. introduced a bill regulating our commercial intercourse I I
with the port of Cayenne in Guiana. IB I
Also, a bill to authorize the Secretary of the Trea- \l 1
sury to refund certain duties collected on the French I
he ship Alexandria; both which, on motion of Mr. K. 1
ml were referred to the Committee of Commerce, together 'TuB
with the correspondence relating thereto, and ordered ^
at to be filed in the Clerk's office.
of The resolution of Mr. Tappan, offered yesterday, I
came up in order, prescribing certain duties for the I
to chairmen of committees of Congress, in relation to
.to nrivate claims: which was laid over.
Mr. GRAHAM, from the Committee on Revolu- I
tionary Claims, reported a bill authorizing the building I
of a monument in commemoration of the services of H
Brigadier Generals Davidson and Nash, of North Ca- I
rolina, who fell in defence of their country : which I
was read, and ordered to a second reading. I
P The bills yesterday ordered to be engrossed (which fl
0 are noticed in Tuesday's report) received their third fl
y reading and were passed. fl
'lC The morning hour having expired, the Senate re- H
' e sumed the consideration of the pre-emption bill. The H
question now pending being on the amendment propo- H
in" sed by Mr. Calhoun to the amendment of Mr. Critten- H
den : on which? fl
in' Mr. PRESTON was entitled to the floor.
ie" Mr. PRESTON then rose, and with his accustom
ve". ed ability and skill enchained the attention of the Sen
1 ? ate in a speech of an hour and a halt, in opposition to
ee, the amendment. fl
Mr. SEVIER then rose and expressed a desire of
ea' speaking, but as the hour was late, moved that the far
nR ther consideration of the subject be postponed till to
lat morrow; which was agreed to.
Mr. PHELPS then submitted a resolution in rela- fl
'u~ tion to the death of the Sergeant-at-arms; directing I
the Secretary of the Senate to pay the sum of five fl
re" hundred dollars to the order of the wiJow of Stephen I
Height, deceased,,late Sergcant-at-Arms of the Sen- fl
?' ate, to defray the expenses of placing his body in a se- fl
cure coffin, properly protected, in the Congressional fl
burial ground, at Washington, and the expense of th? I
transoorlation of ihe bodv to his friends in Vermont. I
rl and its burial there; ami that he further pay to the I
,e aaid widow, the salary of the tleeeaaed, for the reaidue M
W of the term for which he was elected.
After Rome conversation on the resolution by Meaara.
16 Wright, King and White, it was adopted.
The Senate then proceeded to the consideration of
l" Executive business, and, after a short session, ad- I
,e journed 1