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H. OF R.]

Insolvent Debtors.-Public Lands.

[MARCH 27, 1832.

tended that it was not a mere personal matter, but one also be a great accommodation to those who would enter affecting the whole community. If the charges were true, forty acres of prairie land adjacent to a woodlot which the offender richly deserved punishment; if false, it was due they wanted to plunder, and then, when the best of the to the accused, not only that his innocence should be established, but that the proof of it should be made manifest as widely as the charges had extended.

Mr. BEARDSLEY concurred in the opinion that the officer, if guilty, should be dismissed; but he agreed that the inquiry should be made by the department in the first instance, when, if justice were not done to the parties, the House might interfere with propriety, as the tribunal of dernier resort.

Here the House passed to the orders of the day.
INSOLVENT DEBTORS.

of

The bill granting relief to certain insolvent debtors the United States having been read a third time, and the question being on its passage,

Mr. ELLSWORTH moved for the recommitment of

wood had been picked out and cut down, an application would be made to reduce the price of the woodland, as being refuse, and of little or no value. He was very se vere in his remarks on squatters who, cutting down a few trees, scratching up a small portion of prairie, and erecting a miserable hut, claimed a pre-emption right, on the ground of occupation and cultivation of the soil.

Mr. THOMAS replied with much spirit in defence of the pioneers who were doing what had been done from the margin of the Atlantic westward, and had turned the wilderness into a fruitful land. It was, no doubt, a grier ous thing that poor men should enjoy such facilities, and of the Union, but Mr. T. considered it of some import thus be tempted to leave the more thickly settled parts ance to allow these men, who were much valued when fighting times came, an opportunity to secure to the selves a comfortable little home, and a secure indepcdence. He had himself fought for liberty, and loved to them leaving the United States for Texas, where they see every American citizen prospering, and not to see I could get land for nothing.

sions, to the interests of the citizens in that section ci country he had the honor of representing; but merely for the purpose of correcting some errors into which sevend said that he would also advert to some facts, connected gentlemen had fallen, who had spoken in opposition. He with the operations of the bill in its present propose amended form, which he felt it his duty to state, in order to prevent his opinions from being misrepresented, bot

the bill to a Committee of the Whole on the state of the Union, with instructions to strike out that clause which requires that before an insolvent debtor could receive the benefit of the bill, he should prove, to the satisfaction of the Secretary of the Treasury, not only that he was himself unable to pay, and that his securities were unable to pay the sum for which they were jointly bound, (all for the purpose of discussing the merits of the bill unde Mr. PLUMMER, of Mississippi, said, he did not rist which Mr. E. entirely approved,) but also that his sure- consideration, so highly important, in its general pro ties either had taken the benefit of a State insolvent law, or would have been entitled to do so, or had been discharged by creditors to the amount of three-fourths of their debt. This last provision he considered peculiarly oppressive on the principal debtor, who might often be so situated as not to be able to obtain the proof required, or one of whose securities might have done some act disabling him from obtaining the benefit of any insolvent law, and as wholly unnecessary to the security of the United States. Mr. FOSTER opposed the motion, because the act gave quietly in his seat, and merely answers Aye or No when I find, said Mr. P., if a member st the principal debtor an alternative in case he should not his name is called, that his motives are liable to misrepre be able to prove as above stated; he might still be dis-sentation, and his intentions to perversion. When charged, provided his sureties would consent that his dis-memorial of the president and directors of the Bank charge should not be their release, which, without such the United States was presented to the House, I voted Mr. DRAYTON advocated the motion, and took sub. against its reference to the Committee of "Ways and stantially the same ground in its support as Mr. ELLSWORTH had done. He feared that the clause objected to would, in practice, defeat the benevolent intentions of the bill itself.

assent, it must be.

Mr. WICKLIFFE proposed that, as Mr. McDUFFIE, on whose motion the clause had been inserted, was now ab

here and elsewhere.

Means," because I was informed that it was doub whether a majority of the committee were in favor of chartering that institution, and voted in favor of refor the subject to a select committee, a majority of whe lected from among the friends of the bank. This ve according to parliamentary usage, would have been st sent, the further consideration of the bill should be post-fucie evidence of my hostility to the institution. I wa was taken, by some of my editorial constituents, as p poned till his return. Mr. ELLSWORTH could not consent to this arrange the gentleman from Georgia, before the friends of favor of the inquiry proposed by the resolution offered by ment; and the question being put, the postponement was bank, generally, manifested their acquiescence in its a negatived-yeas 45, nays 76. tion, because a gentleman of high standing had, in a

After a few words from Mr. FOSTER,

Mr. TAYLOR suggested that the bill, if recommitted, place, preferred charges of a serious nature against the need not go to a Committee of the Whole on the state of managers of the bank-charges of usury, bribery, corp the Union, since the Committee on the Judiciary could as the truth of the charges, I thought it due to the count tion of the press, &c. Although I had no confidence well make the alteration proposed.

Mr. ELLSWORTH thereupon modified his motion ac-be made public, and those who had been concerned in to the people, and to the bank, that its transactions shou cordingly, but it was negatived--yeas 66, nays 69. The bill was then passed.

PUBLIC LANDS.

orb

At the same time

management should stand honorably acquitted by a co mittee of the House, before the vote should be taken the question of rechartering an institution, comma The bill from the Senate supplementary to an act regu-sufficient capital, unless confined within its proper lating the sale of the public lands, together with the amend- to control the destinies of the nation. ments thereto proposed by the Committee on Public and all the time, I was and still am in favor of recharte Lands, and heretofore agreed to by the House, having ing the bank, with such modifications and restrictions been read a third time, and the question being on its pas-1 could name, but which I will not do at this time, at th sage, a debate of much animation arose, which occupied expense of violating the rules of the House, by digress the House during the remainder of its sitting. from the subject under consideration. I mention the Mr. ROOT was not opposed to any advantage being things, because I find in one of the papers of this city conferred on poor men, but apprehended the bill would editorial statement, inadvertently made, that all those operate chiefly to the benefit of speculators. It would were in favor of rechartering this bank were against to

MARCH 27, 1832.]

Public Lands.

[H. OF R.

proposed inquiry; or, in other words, that those in favor the man, and tell him they want his land, and intend to bid of the inquiry were opposed to the bank. I hope that for it. The occupant, who probably has not more than this statement will be sufficient to correct any erroneous money enough to purchase his land at the minimum price, impressions which may have been made in relation to my and knowing that he is unable to compete with the specusentiments on that subject. On the subject now under lators, makes overtures for a compromise, rather than be consideration, I do not intend to be misunderstood. Al- deprived of his labor, and have his family turned out of though some other gentlemen who have given their views doors. A contract is immediately closed; the speculators, to the House on the subject-matter of this bill think it of having entered into a combination so as to prevent any too little consequence to be gravely considered, it is one in competition among themselves, bid off the land at one which my constituents feel a deep interest, and it is to dollar and twenty five cents per acre, and transfer it to them a subject of great importance. I admit that it is ex- the occupant at the advanced price agreed upon, receive ending to them a very inconsiderable favor, compared the amount of purchase money in hand, and as much more with what they merit and have a right to expect, at this as the occupant is able to advance, and take a mortgage time, from the hands of the General Government. There on the land for the payment of the residue, or hold the is before the House a bill containing provisions of a much titles in their own name until the balance is paid. Thus more important nature, which will throw open for discus- they grind down and oppress the citizens, and defraud the sion the whole land system, and the policy heretofore pur- treasury of its just dues. This is a species of swindling ued by the General Government towards the new States practised by those who profess to be gentlemen, and fren relation to the public domain, which will be a more quently on a fictitious capital, which cannot be too stronguspicious occasion to give my views to the House, and ly guarded against by penal enactments. peak the voice of Mississippi, than the present, of which Much has been said about speculators, speculations, shall probably avail myself. I mean the bill to gra- and the door which this bill opens for the commission of luate and reduce the price of the public lands. Were frauds on the revenue of the Government, by the gentleto consult my own private feelings, I should take the man from Vermont, [Mr. HUNT,] and others from that ind hint of the gentleman near me, [Mr. Boox,] and per-quarter of the Union, who probably never attended a ait this occasion to pass without trespassing on the time land sale. From what source they derive their informaof the House. But, sir, when I recollect the duty which tion, I am unable to say; it is possible they have studied owe to those who have honored me with their confi- the theory of land speculations, or read some treatise on ence, for the express purpose of representing their inte- the subject. I have read no books on the subject, but ests and advocating their rights, I feel that I cannot, speak from my knowledge of the practical operation of onsistently with a faithful discharge of the trust reposed these things. There is no other species of land speculaa me, suffer even this opportunity to pass without raising tions carried on in Mississippi, Alabama, Missouri, or in ny feeble voice in behalf of the humble individuals who any of the new States, other than such as I have describre intended to be the most materially benefited by the ed. The bill itself, without the proviso, is sufficiently provisions of this bill. If I understand the provisions of guarded against speculations of this kind. It does not he bill, as it was communicated to this House from the propose, with the adoption of the first amendment, to ther branch of the legislative department, it simply au- offer the land at public sale in tracts of forty acres, but, horized all public lands, after the 1st day of May next, after the land has been offered at public sale, and all of > be offered either at public or private sale in tracts or the fertile and most valuable lands have been purchased, ots of forty acres. The first amendment, proposed by the refuse or inferior land is then, by the provisions of e committee, restricts and confines its provisions to such the bill, to be subject to entry at private sale in tracts of f the public lands as have been offered at auction, and quarter-quarter sections. What opportunity is there for emain unsold, and subject to entry at private sale. To speculation? Those who suppose that capitalists would is amendment, in a spirit of compromise proposed by vest their money in these refuse lands, for purposes of e friends of the bill, I reluctantly yield, and therefore speculation, know but little of the value of the land in ake no opposition. The second proposed amendment, the State I represent, after the most desirable and fertile y way of proviso, prohibits any one person from purchas- spots have been purchased at the public sales. Money is g more than two forty acre tracts, under the provisions badly invested in lands in that section of country, exceptf this bill, and requires the purchaser, before he can ing in those of the first quality, unless a man wants them ven enter that quantity, to file his affidavit that he makes for his own cultivation. So far, then, sir, is this proviso he entry for his own benefit, in his own name, and not in useless and inoperative. This part of the amendment is rust for another. To this second amendment; to this un-objectionable on another account. Under the existing ecessary clog, by way of proviso, I am opposed, for rea- laws, a person who purchases an eighth or half-quarter ons which I stated the other day. The avowed object of section, has to be governed, in making such purchase, by ncorporating into the bill that clause restricting persons an imaginary line running north and south through the ho make entries under its provisions to eighty acres, or quarter, and dividing it into tracts of eighty acres. wo forty acre tracts, is to guard against speculations, and form of an eighth is an oblong, one hundred and sixty revent moneyed capitalists from entering all the most va- rods long and eighty wide. A purchaser under the proable lands, for the purpose of extorting from the poor visions of this bill is to be governed in making his entry an an exorbitant price. There is no danger of such a by east and west lines dividing those eighths into squares ate of things as anticipated by the chairman of the com- or tracts of forty acres. Suppose a man should choose, ittee. I know that our laws cannot be too well guarded under this bill, to enter two forty acre tracts, and those gainst speculators, who attend the land sales regularly, tracts should be the north or south part of any particular or the purpose of extorting from the honest settler a quarter section, he is precluded, forever afterwards, if he ttle hush-money, as it is termed, which they effect by should feel disposed to extend the limits of his farm or orming combinations of individuals possessing or com- plantation, from entering either of the other forty acre anding capital, and threaten the honest citizen to bid tracts in the same quarter, for two reasons: first, because gainst him unless he will give them a few hundred dol- he has already entered as much as he is permitted to enter rs to satiate their avaricious appetites. I have re- under the stipulations of the proviso; and, secondly, he eatedly witnessed these transactions. The speculators, cannot enter those tracts, or either of them, under the exefore the sales come on, examine the country, and take e numbers of the land on which they find a man has seted and made valuable improvements. They then go to

The

isting laws, because by those laws he cannot enter a less quantity than eighty acres, and in entering that quantity he must be governed by north and south lines, dividing

H. OF R.]

Public Lands.

[MARCH 27, 1832.

the quarter into half-quarter sections. Thus, sir, you any price, it does not seem to be so great a favor extendforever exclude from a man the privilege of adding to his ed to the people of the new States as the gentlemen from farm the contiguous lands as his means and family may New York, Vermont, and Ohio would make us believe. increase. This proviso presupposes that a man of limited It can do no injury, and possibly may benefit some poor means, who is only able to enter eighty acres, will never man. I am not opposed to the extension of the prebe able to purchase any more land. His neighbors, who emption privilege to actual settlers on any lands, but an may reside on the same or a contiguous quarter, or any idol object with me is to extend that privilege to settlers other person, who chooses to purchase the remaining forty on all of the public lands, for the term of six months after acre tracts, is placed in the same predicament, if he has the passage of the act, where the land is subject to entry previously purchased his eighty acres under and by vir- at private sale, and for the same length of time from and tue of the provisions of this bill; and if he has not, he is after the date of their being offered at public sale; but required to go before an officer and take an oath that he having failed in my efforts before the committee, I will makes the entry in his own name, for his own benefit, and vote for the amendment in its present shape, although it not in trust for another. These objections may be consi- will be almost entirely inoperative. The idea that any dered as far-fetched and technical, and may not be under-possible speculation or fraud can be carried on under its stood by the House, but they are no less true. Any gen- provisions, as gentlemen have imagined, is perfectly rid tleman, who will take the trouble to mark out a plat of a culous. It has been urged as an objection to the bill, that section, and draw the subdivisional lines, will at once see it will new model, derange, and distract the whole and the force of my remarks. It has been said that a man system. Such, sir, is not the fact; it is only extending would have the use of the contiguous lands without pur- and perfecting that wise system which was established by chasing the same; but to this I would reply, that his land our predecessors, and has been in successful operation and improvement would be subject to be taken from him ever since the formation of our Government. It will be by any person who came within the provisions of the bill, seen, on reference to the journals of the old continental and would make the necessary affidavit. In my opinion, Congress, that an ordinance was passed in 1785 for ascer the most degrading and odious part of the proviso is that taining the mode of disposing of the public lands in the which requires a poor man to take and subscribe an oath, Western territory, laying the foundation of the present in addition to paying his money, before he can be permit-system, and authorizing the country to be surveyed in ted to become a freeholder in the soil. If a man should, townships of six miles square, subdivided into lots of six after he had availed himself of the provisions of this bill, hundred and forty acres each, and numbered as they are find it to his interest to sell his land, and locate on other at present. One of the provisions of that ordinance was lands, he lays himself liable to the charge of being go- that every other township should be sold entire, and the verned by corrupt motives in making the purchase, of others in lots or sections. This system for selling the publ being suspicioned of false swearing, and is precluded lands was improved by an act of Congress passed in 1798 from deriving any further benefits from its provisions. I authorizing almost every other township to be sold in trac's am not disposed, however, to trespass on the time of the of one-quarter of a township. Congress, finding that it was House, by commenting on the objectional parts of the for the interest of the Government and the accommodaproposed amendment, but will say a word as to its general tion of the citizens to sell the lands in smaller quantities, features; nor will I be considered as opposing the bill on by an act passed in 1800, authorized the lands to be subits final passage, should it be the pleasure of the House divided and offered for sale in half sections. By an act to adopt the proviso by way of amendment. The chair- passed in 1804, the system was so extended and improved man of the Committee on Public Lands was right in say-upon as to authorize the sale of lands in quarter sections ing that the committee were unanimous in reporting the It was ascertained, by the officers of Government, that amendments; but some of them, and myself among the many poor persons were deprived of a home, in conse number, consented to the report, because they preferred quence of their being unable to purchase a quarter see it, with all its objections, to a report entirely adverse to tion, and that it would cause more lands to be sold by the proposition. I know that it is thought by the friends subdividing a portion of them; Congress accordingly, on of the bill that its passage will be endangered by oppos- their representation, in 1817, authorized one-sixth of all ing this amendment, and that my opposition will destroy the sections in each township to be sold in half-quarter the bill. And some of its friends have gone so far as to sections. In consequence of the benefits and advantages predict its defeat, even with the amendment, and attribute resulting to the community as well as to the Government the cause to the imprudent course I have pursued in from this experiment, Congress in 1820 was induced to pointing out its defects. But, sir, the friends of the bill extend the provisions of the act of 1817, so as to authe are mistaken in their strength; they have permitted their rize the sale of all the public lands in half-quarter sections fears to induce them to capitulate, and surrender to its This is a sketch of the history of our present system enemies the most important features of the bill, as it came and mode of disposing of the public lands, so far as re from the Senate, when their strength was amply sufficient lates to divisions and subdivisions, which gentlemen she to defend the fortress and retain the bill in its original so afraid of deranging. None of the numerous changes form. The proposition to amend did not come from the or alterations wlah have taken place since the year 17, real friends of the bill, but from its enemies; from those have had that effect. All have proved salutary and bene who are opposed to, and will vote against it under any ficial to the country, and have been advantageous to the circumstances. What little experience I have in legisla-Government. What were the evils complained of under tion, has taught me to view with a jealous eye any motion the regulations of the act of 1800, which did not admit of to amend, coming from a quarter known to be hostile to the subdivision of a half section? By a reference to the the measure. The bill gains no strength by loading it debates of that day, it will be seen that many of the em with this incumbrance, calculated almost entirely to de-grants to the Western wilds, and a valuable class of cur stroy its utility. When I see the leading friends of the citizens, were excluded from the benefits of the land laws, bill yielding the most important position to its enemies, I and unable to purchase a little spot of ground on which to despair of success, but feel it my duty to point out what erect a dwelling and make a support for their families, I consider the objectionable features in the proposed because they had not money enough to purchase thret amendment. The last amendment contains a pre-emption hundred and twenty acres. Another cause of complet feature, which looks well on paper, and will make a fine was, that the Government was prevented from obtaining appearance in print, but when we are told that it is con- the price of eighty acres of land, because a poor man had fined to the refuse lands, and such as cannot be sold at not money enough to pay for a half section, four times as

MARCH 27, 1832.]

Public Lands.

[H. of R.

much as he had any use for. The evils complained of Such a man, with industry and economy, will, in a few were attempted to be remedied by the act of 1820, and years, accumulate a handsome property. He feels as inthe objects of that law have been realized to a certain ex- dependent as his wealthy neighbor, and enjoys all the tent; but twelve years' experience has convinced those rights and privileges of a man in more opulent circumwho are acquainted with the country, with the wants and stances. His wife and daughters are not compelled to necessities of the people, that, in order to perfect the sys- labor at three and sixpence a week, or seek employment tem, it ought to be carried a little further, and another in a manufactory for support. There are, it is true, but subdivision made. It will not change or affect our pre- few individuals who have resided any considerable time in sent plan and mode of disposing of the public lands, Mississippi, that are not able to purchase and cultivate which is probably the most perfect system that could be larger tracts of land than forty acres; but there are poor devised; nor will it operate as a virtual reduction of the families daily emigrating thither from the old States of the price, as the gentleman from South Carolina [Mr. BLAIR] North and East, whom this bill, even in its proposed strangely supposes. I do not know upon what the gen- amended and clogged form, will materially benefit. They tleman predicated his opinion that it would operate direct- are a valuable and meritorious class of citizens; though ly or indirectly as a reduction of the price, but I do know poor in a pecuniary point of view, they are rich in spirit, that it is not warranted in fact, and cannot be sustained by rich in the patriotism and love of their country; and, in the any practical or theoretical demonstration. It will be the language of my venerable friend from Louisiana, [Mr. means of enabling many poor men, who are compelled to THOMAS,] valuable in times of peril and danger, when our depend on the sweat of their brow for the means of sup- country is involved in war. Another objection to the bill, porting their families, to purchase a home, which they urged by a gentleman over the way, is, that it will reduce otherwise would be unable to do. It will be the means of the price of real property in the old States, depopulate selling many small tracts of land, which would otherwise the country, and transfer the political influence of the Union remain for centuries unsold. A man who is compelled to to the other side of the mountains. This is not the first settle on and cultivate public land, to make a support, time we have heard such language from that quarter. I will only make such temporary improvements as will an- read, with surprise, the remarks which fell from the swer his present purpose; but enable him to become a gentleman from New York, [Mr. Roor,] the other day, lord of the soil, and the owner of forty acres, and his im- on that clause of the appropriation bill making provision provements will be of a more valuable and permanent for the survey of the public lands. He said that "it nature, which will enhance the value of the adjacent lands, would retard the progress of education, the useful and and induce some other poor man to purchase the adjoin- mechanic arts, draw off the laborers from the Northern ing tract. There are, in that section of country in which manufactories, and reduce them to the condition of huntIreside, many eighths of land, which contain a few acres ers!" I happened to be in committee room at the time; of arable soil, a building spot, or spring, worth fifty dol- if I had been in my seat, I should have felt it my duty to lars, that a man could not afford to give one hundred for. have thrown aside my native feelings of diffidence, and reAs a matter of vital importance to the interests of the new plied to his remarks, which I suppose the gentleman States, or as a source of revenue to the Government, the thinks unanswerable because they were suffered to pass general provisions of this bill ought to be sustained. The unnoticed by any gentleman from the new States. I will gentlemen from New York and Vermont seem to think not now trespass on the time of the House by replying to that a man, who has not the means of entering exceeding that gentleman, but will postpone it to a more convenient forty acres of land, would be unable to support his family season, when the subject comes up for discussion in a more by farming, and therefore that so small a quantity would tangible form; nor do I believe, if I possessed all the be of no use to him. In this statement they show a want powers of elocution of gentlemen of maturer years, that of a correct knowledge of the situation of the country, I could remove the erroneous impressions made on the and means of living within the reach of every poor man. minds of some of the members of the House as to that Those gentlemen [Mr. RooT and Mr. HUNT] have an ad- policy which ought to be pursued by the General Governvantage over me in point of age, experience, and general ment towards the new States in relation to the public information; but I have one advantage over them, and that domain within their limits. At this time I will only adis, in being acquainted with their section of country, the vert to some facts which speak for themselves, and canmanner, mode, and expense of living, as well as of that in not be contradicted. When we of the new States atwhich I reside. In New York and New England, where a tempt to exercise those rights reserved to a sovereign farmer is compelled to convert a sufficient portion of his State, by extending our laws and the jurisdiction of our land into pastures for the grazing of his stock during the courts over the whole territory within our chartered summer, and a portion into meadow lands, for the purpose limits, we are told that it is a usurpation of power and of preparing and laying up forage for his horses, cattle, and an act of oppression towards the Indians to do that which sheep, during five months of a cold and dreary winter, New York, Massachusetts, and Connecticut have done, aland also set apart another portion for tillage and the rear- though we were admitted into the Union "on an equal ing of grain and bread stuffs, I know that forty acres of footing with the original States in all respects whatever." land, unless in a very high state of cultivation, would be When we ask the General Government to negotiate with insufficient to support even a small family; but in Missis- the Indians for their land within our limits, the title to sippi the case is different. There, a farmer needs no which she is bound to extinguish, we are told by certain pasture for his cattle in summer, nor forage laid up in individuals that we are destitute of those humane feelings store for them in winter. If a poor man, who emigrates which ought to characterize a christian people, and that to Mississippi, is able to procure twenty acres of land fit we wish to drive the unfortunate aborigines from the for cultivation, build a cabin, smoke-house, and corn-crib, home and the land of their fathers. When we ask for an which will cost fifteen or twenty days' labor, and has one appropriation of money to survey our public lands, in orhundred dollars to lay out in the purchase of a plough, der to bring them into market, we are told that it will rehorse, and farming utensils, he can live independently, and tard the progress of education, the useful and mechanic support his family comfortably. His stock, of all kinds, arts, and draw the laborers from the Northern manufacroam at large, and subsist in summer by grazing on the waste and unappropriated lands, and in the winter they feed upon the cane and reed brakes on the banks of the watercourses, with no other expense than a little salt, and no other trouble than herding them once or twice a year.

tories, and reduce them to the condition of mere hunters. As I before said, I will not now reply to these doctrines, false in theory, unwarranted by historical facts, and capable of being refuted by practical demonstration. I will barely remind that venerable gentleman, who entertains such

H. OF R.]

Public Lands.

[MARCH 27, 1832

Mr. WICKLIFFE now invoked the friends of the bill to abstain from further debate.

sentiments, that when our frontiers were invaded by a whose love of country and attachment to the Union is not foreign foe, the citizens of the Southwest were considered rivalled by the most patriotic citizens of the older mem sufficiently educated to understand the word of command bers of the confederacy. in the field of battle. Although, in the opinion of the gentleman from New York, reduced to a state of degradation far below the hirelings and laborers in a Northern Mr. HUNT now renewed his attack upon the bill, which manufactory, and hunters, as they were, they did not he pressed with great zeal and earnestness. Owing to a hesitate, at the sound of the drum, or the yell of the merci- clerical error in the engrossment, he supposed the comless savage, to shoulder arms in defence of their common mittee intended to allow the poor settler who entered a country. When we ask for a reduction in the price of tract of forty acres, a pre-emption right to three other such of the public lands as have been years in market, tracts of the same size, whereas the amendment proposed and cannot be sold at the present high prices, in order to was to allow him to enter but one tract in addition to the enable those in moderate circumstances to obtain a free- forty acres on which he settled. He called for the readhold in the soil, we are met by a prompt denial, and told, in- ing of a report of the present Commissioner of the Genedirectly, that it is better for the Government to hold them ral Land Office, (Mr. Hayward,) on the evils which had up for centuries, without deriving any benefits from attended the pre-emption law of 1830, and went on to them, rather than encourage emigration, and enable the insist that, should another pre-emption clause now be in poor man to purchase a home for his wife and his children.serted, it would lead to a system worse in its practical When a proposition is introduced to subdivide the lands, results than the old plan of settling the public lands on and offer them for sale in small tracts suited to the wants credit. One pre-emption law would be followed by anoand necessities of the people, we are told the same story, with the addition that it will transfer the political influence of the Union from the old venerated thirteen States who fought the battles of the revolution, to the Western wilds. Who are the citizens of the old States, that they should be envious of the growing prosperity of their younger sister States? Are we not from the same common stock and origin; and ought not our interests and feelings to be the same? We participated equally with the present population of the old States in the battles of the revolution. It is not the gentleman from New York, nor his constituents, to whom we are indebted for the achievement of those glorious victories of which he so loudly boasts, and of which we all have reason to be proud. It was not the gentleman on my right, [Mr. BRIGGS,] who hails from the ancient commonwealth, and represents my native district, that fought those battles which secured to us that independence and that liberty which we all in common enjoy; but Mr. WICKLIFFE, after correcting the error of Mr. it was his grandsire and mine, who fought, side by side, at HUNT, which had originated from a mistake in the en the memorable battles of Lexington and Bunker's Hill. grossment of the committee's amendment, proceeded ins Owing to circumstances, there was room for him in the general reply to the objections which had been urged land of his fathers, but not for me. I, therefore, at an early against it. He argued in favor of the equity and policy period of my life, emigrated to that State which I now of pre-emption rights, and regretted that his friend from have the distinguished honor of representing. I mean Vermont, when travelling in the West, had confined his no reflection, when I now claim for those citizens, who course to the Mississippi river, and had not entered the never thought it "unbecoming a moral and religious woods, where he would have witnessed the practical ope people to rejoice at their country's victories," the same ration and benefits of that system. As to the live oak rights and privileges claimed by that gentleman for those lands, they were very safe from the operation of the bil who occupy the ground where lived the patriots of '76. which applied only to lands open to private entry. He If it had been the policy of the old thirteen States to re-reprobated a claim of any of the new States to the pub tain their population, and shut them up in woollen factories, lands, as wild and chimerical, and also the policy of look they would not have extended their limits, by the defini- ing to the public domain as a source of revenue. It had tive treaty of peace with Great Britain, from the At-thus far fallen eleven millions short of even defraying lantic to the unknown regions of the West; from the Lake own expenses. The true light in which it should of the Woods in the North, to the Appalachicola in the viewed, was the means of building up large and flourish South. When the great and magnanimous State of New ing communities.

ther, till the House could not refuse to pass them. The squatters would become formidable in numbers and influ ence, and the United States would get little or nothing for its domains. Indeed, the doctrine had already been broach ed, that the public lands were the rightful property of the new States within which they lay; and the Government had been called a trespasser, in requiring the land to be paid for. He did not see why the clause in the bill to which he objected, would not apply to all the public lands including those covered with live oak timber; but if tha were not so, it would, in effect, allow a settler who enter ed forty acres, to select, in addition to that tract, one hun dred and twenty acres more, any where within the fourteen hundred acres immediately surrounding it. He had no ob jection to accommodate a poor settler, by allowing him to take up his forty acre tract, but he was opposed to giving him a pre-emption right to one hundred and sixty acres.

York in 1780 relinquished her claim to all of the Western Mr. DUNCAN, of Illinois, said he had forborne to make waste, and uncultivated lands, it was not to secure and a speech on this subject, and had intended to submit the protect the savages and wild beasts of the forest in the question, although one of great interest to his constituents uninterrupted possession of the country, to the exclusion without offering his views, further than the short explane of civilized man; but it was to provide a home for the tion he had made when the bill was ordered to a third sons and daughters of her citizens. When Virginia, fol- reading a few days ago. He always felt reluctant to co lowing the example set her by the patriotic State of New sume a moment of the time of the House; but the opp York, ceded to the United States all of her lands north-sition now made to the passage of the bill by his colleague west of the Ohio, it was not to colonize and hold in a me- on the Committee on Public Lands, [Mr. HUNT,] made nial state of subserviency her citizens, but it was for the necessary for him to answer the arguments urged by th purpose, and, in the language of the deed of cession, on gentleman in the animated speech he had just delivered. condition that it should be formed into "distinct republi- His reply was rendered more necessary, as the who can States, having the same rights of sovereignty, freedom, or nearly all of the arguments urged against this bill, and and independence as the old thirteen." The old States the settlers on the public lands, was derived from, and must, from necessity, lose a portion of their political in- strengthened by, the official report of the Commissioner of fluence, but it will be transferred into safe hands, not to the General Land Office, which the gentleman from Ve foreigners nor strangers, but to their brothers and sons, mont had caused to be read to the House by the Clerk.

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