The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-01-30
TwENTY-FIFTH CONGRESS-.
IN SENATE.
SATURDAY, Jan. ~.

IN SENATE,
SATURDAY, Jan. "a.
Mr.. PRENTISS presented the petition OF num-
Der OF the inhabitants Of Groten New Hampshire,
praying for the abolition Of slavery and the slave
trade in the District of Columbia Motion TO receive
laid on the table.
Petitions were also presented:
BY Mr.. GRUNDY, from citizens Of Davidson
county, Tenn, for post route. Referred.
By 0r
BY Mr.. SMITH, Of Indiana asking the extension
Of the tranking privilege 10 The State Executives,
Laid on the table, as the prayer OF this petition had
already been rejected.
by Mr.. LYON, praying an appropriation to COM
peie a road in the vicinity OF Toledo, Michigan.
Referred.
And by Messrs. Allen, King, and Niles, on indi-
vidull claims Referred
Untavorabe reports from committees were made
and agreed to, on petitions from John Sherborne,
John Boyer, and from the representative OF person
killed in Texas.
The unfavorable report on the claim OF Joseph w.
Page was taken up and agreed TO-
GENERAL pRE-EMpTIoN
The Senate resumed the consideration Of the bill
granting pre-empion to settlers on the public lands
The question being on Mr.. BAYARD'S amend
ment, requiring that evidence OF settlement should
be given, to the satisfaction of the Register and Re-
ceiver in the particular district where The land might
lie IN accordance with rules heretofore prescribed
andnow in force
Mr. WALKER read portion Of the decision of
the Attorney General on this point against the claim
of settler by attorney or agent.
After brief conversation BY MeSsrs KNIGHT
and SMITH, of Indiana and by Messrs Calhoun
and Davis in favor OF having The rules incorporated
in the BIZ,
The question on Mr. BAYARD's amendment was
taken, and negatived as foil ws:
YEAS-MeSsrs. Bayard, Calhoun Clay, of KY,
Clayton, Davis, knight, Merrck, Prentiss, Rves,
Robbins Southard, Swift Williams-l3.
NAYS-MessrS. Allen, Benton, Brown, Clay, of
Ala, Cuhbcrt, Fulton, Grundy Hubbard, King,
Linn, Lumpkn Lyon, Morris, Mouton, Nicholas,
Niles, NorVell, Pierce, Robinson, Sewer Smith, of
Indiana, Tallmadge, Tpton, Walker, White,
Wright, Young-2T.
Mr.. LINN offered the amendmentto which he al
luded last evening" requiring that this act should not
be construed as 10 deprive those of the benefit OF
pre-emp,ion who in the possession of certain
fractions of land reserved from sales in consequence
of certain French and Spanish grants then unset
tied
would cover some valuable lands in the older parts
of the States.
Mr. LINN, on the suggestion of Mr. CLAY, of
Ala. modified his amendment to limit it to the
i Palmyra Land District, as he knew of no out of
! ii for which this provision asked
the amendment was then agreed to-
| MIR. LYON moved an amendment, requiring that
presumption claim, resting certificates hereto
fore issued but contested should be affected by This
act till the certificate should be surrendered by the
owner Their Of
Mr.. CLAY of Kentucky, thoughtthis amendment
wrong, as it would cover and protect cases Of settle
ment BIZ agent and Attorney deceptive mode of
obtaining prescription titles, which had been alleged
to prevail 10 great extent
After few remarks BY Mr.. CLAY, of Alabama,
against the amendment as nugatory, and by Mr.
LYON in favor Of it,
| The amendment was lost without count.
Mr. HUBBARD offered an amendment, exempt
ing from the operation of this act all lands which
had been offered at public sale Cases he said had
occurred in which Old settlers had left their improve
menis for time, and had lost them wholly by the
intrusion Of new settler.
Mr. CLAY Of Kentucky, said, on the contrary
such lands were the only ones for which the bill
should grant presumption.
After some remarks this point, b. MeSsrs.
Hubbard, Robinson, Walker, Morris, Benton, and
Bayard,
Mr.. HUBBARD withdrew his amendment.
Mr. MERRlCK offered an amendment requiring
that the benefits Of this bill should not accrue to
aliens or to foreigners who were not naturalized
prior TO December, 1887 their citizenship 10 be es
tilted TO the satisfaction Of the Register and Receiver
of the particular district where the land they should
| claim might lie.
The debate TO be given hercaflcrl was continued
| till dark by Messrs Merrick Walker CLAY, of Ala
Norveli, Benton, Clay, Of Kentucky Young, Bucha.
nan, Linn, Sewer, Smith Of Indiana, Upton, Nor
ris White, PrentisS and Lyon, on this and the fol-
lowing propositions and more or less al large the
general subject.
Mr. MERRICK's amendment was lost as fol-
| lows -
YEAS-Messrs Bayard Clay, of KY, Clayton,
Criltenden, knight. Merrick, PrentiSs, Preston,
| RvcS, Robbins, Smith, OF Ind, Southland, Spence,
Tallmadge, Tipton-l5.
NAYS-MeSsrs. Allen, Benton, Brown, Bucha-
nan, Calhoun, Clay, Of Alabama, Cuihbert, Fulton
Grundy, Hubbard, King, Linn, Lnmpkin, Lyon,
| Mouon, Nicholas, Niles Norye Pierce, Roane,
Robinson, Sewer, Walker, White, Williams,
| Wright, Young-21
/ Mr. CLAY, Of Kentucky, offered an amendment
that all settlements on the public lands from and af-
ter the LIST of December 1887, should be prohibited
and that intrudeTS should b. removed thcrefrom in
case of such settlement.
! Ncgaved as follows: .a
| YEAS-MesSrS. Bayard, Calhoun, Clay, Of XIV,
CLAYTON, Criliendcn, Davis Knight, MerIick Nor
! ris PrentisS Preston, Roane Robbins, Southland,
Spence Webster, WamS-l7.
! NAYS-Messrs Allen, Benton, Brown Bucha-
nan, Clay of Alabama, Cuhbert, Fulton, Grundy
! Hubbard King, Linn, Lumpkin, Lyon, Mouton,
! Nicholas Niles, Norvell, Pierce RivcS, Robinson,
Sewer, Smith, of Indiana, Upton, Walker White,
| Wright, Younger.
| Mr. SMITH, of Indiana, moved an adjournment.
Negatived-Yeas 81 nays %.
i Mr. SMITH then moved 10 strike out December
in the BILL aud insert September, 1887 for the limit
of settlement on the public lands, with view 10 ex-
clude the Miami District, which the State of India
ma wishes to secure for ilseli.
Negatived as follows:
| YEAS-Messrs. Allen, Buchanan, Calhoun, Clay