Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1822-06-08

this law, until YER recently, appertained
to the Treasury Department, the re-
cords of which will prove that all the
distinguished gentlemen who have pre-
sided over that department, and every
President since The Sd March, 1907,
have sanctioned or exercised the power,
now, for the first lime, discovered to be
an usurpation.
The first lease of the Wabash Saline
was executed by Governor Harrison,
under the direction of Mr.. Gallatin, to
Kentuckians. Allthe subsequent leases
OF it were executed by myself, under
the direction of the same gentleman, and
his su ccessors in office. By his dlrec-
tons also, leased large body OF land,
Including a lead mine in Illinois, to
William Flick lin, of Kentucky. In 1916
Or 1917, leases were made of a salt spring
on Big Muddy River, in Illinois, and OF
the very mines referred to by the reso-
luton submitted by the honorable gen.
tleman, which were vastly more exten-
sive, and less guarded than those now
objected TO, and l presume all those
leases may be found in the Treasury De-
partment. Other similar instances
might be referred to, but, sir, it would
be but useless waste of time TO multi
ply the evidences of the universally re-
ceived construction, and practical expo
si,ion that has been uniformly given TO
this law.
But, Mr.. President, said Mr.. E. were
this case of The first impression, there
is nothing either in the letter, or inten-
tisn of the law, to warrant the gentle
mans construction. The law is enti-
tied i" An act to prevent settlements
being made on land coded to the United
States until authorized by law" Its
provisions accord we'll with its title,
some OF them containing severe prohl-
billions against IN .vtu!, and others pre-
scribing the means of obtaining authoriz-
ed settlements. In the latter it was de-
clared that all persons settled upon pub
lie land, at the time OF the passage oil
| ;he act, who should, al any time prior to
the first day of January following, APP
ply to the Register OF the Land Office,
x L.
mission to occupy their settlements, as
tenants at the will OF the governme nt,
upon certain specified conditions, with
the exception, however, OF all tracts OF
land, including lead mines, or salt
springs. TO tracts of this description
The power of the Register did not ex end
Nor was it intended 10 secure 10 the set
tlers the benefits OF any settlements
thereon. These tracts were expressly
reserved for the disposition of the Presi-
dent of the United States, by proviso
IN the following words, viz. " that in all
cases where the tract OF land applied
Tor includes either lead mine or salt
spring, no permission to work the same
shall be granted without the appreciation
OF the President OF the United States,
zyAo is hereby authorised TO cause Snch
mines or springs, TO be feased tor Il
term not e:ccerdinS three years, and en-
such conditions as he shall think hro-
htr."
The gentleman from Missouri says,
" this proviso has relation back to the
persons described In the proceeding
part" 1t has indeed such " relation
back" to those persons, SO far as 10 neg
alive and exc Jude the exclusive claim, on
their part, for Which he contends, and 10
limit the power Of the Register. Bat it
has also relation ,for7oard, as distinct
substantive grant OF power to the p e.
sident, "to lease all such mines and
salt springs" without any of the limila-
Mons imposed upon the Register, as TO
persons, "for the term of three years,
on such condition as he shall think pro-
per-"
The provisions in relation TO the per-
missions to be granted TO the settlers,
were to expire, by their own Limitation,
within a short time. Those settlers
could claim no benefit, under the law, alter
the first day ofthe next succeeding Janu-
airy. The power 10 lease the lead mines
and sal, springs for the term OF three
years, with the latitude of discretion al
lowed to the President, contemplated
regulations of permanent character,
to be executed as well after, as before
the first day of January, and must be con-
sdered wholly independent OF any claims
which the iniruders upon public land
the vioIalers of law ofthe United States,
could have upon the government.
But, though the gentleman admits that
those mines are " national property" and
complains most bitterly OF the immense
sacrifice of the public interest, in the two
leases of one hundred and sixty acres
each, that are the subject of his denuncia-
ton; yet, he contends that the Presi-
r Jao,,c no,vor nc le,cipy ic confined ey