The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-07-18

passage OF the last pre- empfon law ava now ask he
enactment Of another TO enable them TO retain tho lands
/ occuped upon paynent OF the minimum Government
price They ask that which has been repeatedly granted
before 1.-THE future may be judged Of by the past little
harm be done the interest OF the Treasury by
yielding their request Upon critical examination,
il is found that tho lands sold at the public sales since
the introduction OF cash payments ~ 1920, have pro-
ducd on an average tho nett revenue OF ony SIX cents
| an acre more than the minimum Government price
There is reason 10 suppose that future sales VIII DO
more productive. The Government therefore, has no
adequate pecuniary interest induce Il TO drive these
people from the lands they occupy Tor the purpose Of
| selling them to others.
i Entertaining these views, recommend the passage
Of pre.empiion law for their benefit, IN connection
with The preparatory steps towards the graduation OF the
price Of tho public lands aud further and more ELECTED
provisions TO prevent inrnsons hereafter. Indulgence
10 those who have settled these lands with expecta-
iaiions that past legislation would be made rule for
the future, and the same time removing the most
plausible ground which ntrusions are excused, aud
adopting efficient means to prevent them hereafter,
appears to me the most udicious disposition which
he made of this difficult subject The limitations and
restrictions 10 guard against abuses in the execution OF
pre- empton law will necessarily attract the careful at
tenon Of Congress but under no circumstances Is It
considered expedent 10 authorize floating claims in any
shape They have been heretofore, and doubtless would
be hereafter most prolific sources Of fraud and oppres-
son and instead OF operating to confer the favor of the
Government industrious settlers are oten used only
TO minister spirit Of cnpdity at the expense of the
most meriorous OF that class"
The President sells out with the stale and of re-
peated charge, that the settlers upon The public lands
are irespasserS.
He does moi to be sure, use the word trespasser,
bui he employs language no less Significant he says,
that they have encroached upon the rights of the
United States !" and he snys that this course of,
Legislation, to wit, the granting presumption rights
tends to impair public respect for the laws OF the
country He then proceeds 10 say, that thesiaws
should be executed, or that they should be modified
or repealed
Now, deny, that Congress has at any lime passed
law which was intended 10 preclude persons from
setlng on the public lands, who recognized the tile
of the United States, 10 be paramount. On the con-
rary, has been already shown, that the very act
alluded TO by the President in relation 10 the occu-
pancy of the public lands, mean the act OF 1907,
was intended TO operate only upon such persons as
claimed title under the French or Spanish auhori-
Ties; and even had Congress thought proper to have
passed an act prohibiting entirely the settlement or
occupany Of the public lands, the policy OF the Go
vefnment for many years past in granting Tre-
emption rights to settles, shows most concinsiyely,
that such an act would not have been acquiesced in
by the general sense OF the Nation, and that not
wilhsanding The denunciations Of settlers by few
noisy DISCLAIMERS in Congress, who seemed 10 want
matter TO make up speech, that have never been
regarded by Congress in the light of trespasseIs and
This am happy TO say, Is the first occasion as trust
il will be the last, upon which the Executive has pro-
total abandonment OF policy, which, in the main,
has been eminently conducive 10 our national pros
perity. The President says, further, that which
is intended in all instances 10 be legalzed should at
once be made legal, that those who are disposed 10
conform TO the laws, may enjoy, at least equal pri-
vileSes with those who are not" Here, again, the
charge is repeated, that the settlers upon the public
lands respassers and that they laweSs set,
community. The charge Is wholly graiuitous, on
the part Of the President, and one which those
against whom il is made, will repel with just indig-
nation. ! lake the President at his word, and say
also that that which is intended in all instances to
b. egalized, should at cnce be made .ega" Sir The
object of my amendment, is 10 throw at once the pub
lie domain open to all who may choose 10 become
actual settlers and occupants.
No good reason can be assigned why persons who
may hereafter cmigrae TO the new States, should not
be placed upon equal footing with those who have
preceded them. Besides the adoption Of prospec-
tive instead of retrospective pre-emption law,
would obyiae the necessity of such frequent legsla
never easily disposed Of II II be right grant pre-
emp::on to settlers already on the public lands.
ask, upon what principle can you withhold the same
privilege, from those who may be disposed 10 settle
upon the public lands hereafter
Had this course OF policy been adopted at an
earlier period, none of the difficulties growing out
Of our pre- -empton laws, would, in my opinion, have
been experienced. But it is not too late yet TO adopt
the prospective policy Of granting prescriptions,
policy which is sanctioned by every dictate oil JUS
lice, and which will not only tend to remove that
of anxiety and insecurity felt by the settlerupon
the public lands, but will increase emigration and
ill more speedily, the public Treasury, than the pre-
sen, mode of selling the public lands. This mode OF
granting prescriptions has the entire sanction Of the
people ofmy State. Public meetings held in Chica-
go and elsewhere have expressed their decided APP
probation of the prospective policy, and although
portion Of my constituents, am sorry TO say, inva-
riably change their sentiments to correspond with
the change of sentiment in the Executive, yet, can
not persuade myself that this subject, they viii
be found 10 accommodate their opinions 10 the OPT
Mons he has expressed. do not, on this occasion,
imagine that shall be denounced as Federalst
and an apostate, because advocate policy which
the President repudiates, and which has, heretofore,
had the sanction may venture TO say, of every in
telligent man in my district.
The President says that it is not believed 10 be
the disposition of Congress to open the public lands
to occupancy without regular entries, &c, as such
course must tend to worse evils than the credit sys-
tenn which it was found necessary TO abolish" This
language amounts TO nothing more than strong re-
commentator from the President to Congress- not
TO enact any prospective pre-emption law.
We are left to conjecture what these monstrous
evils that seemed TO haunt the imagination Of the
President would BE-, for he has condescended TO
inform us when he declared, that they would exceed
in magnitude the evils growing out OF the credit
system. confess, that in the absence of those lucid
views entertained by the President, that am wholly
at loss 10 discover any cause of alarm, or how the
passing Of such law should engender such awful
consequences.
In another part Of the message we are told, that
"upon a critical examination, il is found, that the
lands sold al the public sales since the introduction
of cash payments in 1920, have produced on an ave-
rage the nett Of only six cents acre more
than the minimum Government price" Is this pitt
iul sum of an additional six cents per the
price of the public lands, object Of sufficient i'm
portance TO the Government 10 induce them 70 aban-
don entirely the pre- emption policy as proposed by
the President, and to prohibit in future all intru-
llDOn Dublic lands until they shall have
been first offered at public auction The President
has much mistaken the character OF our populaion