The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1838-07-18
SPEECH OF WILLIAM L. MAY,
Upon the Bill TO grant prescription rights to settlers
on the Public Lands.
Mi. MAY offered the following amendment:
or ILLINols,

hereafter settle on any OF the Public Lands Of the
United States and who shall continue TO reside on and
cultivate the tor the period oil twelve months,
shall, upon making proof thereof according 10 the pro-
visions Of this aci be entitled right OF pre- caption
TO one-quarter section
Mr.. CnAssiAN:--
need scarcely remark, that the measures now
before the House is one in which the people Of the
new States especially Interested. and none per-
haps more 50, than that portion Of the people OF the
State Of nliHos whom have the honor to represent
on this foor Much, sir, as my constituents may be
divided in political sentiment upon other subjects,
this is measure, in the support OF which, all Parties
are united and should feel myself dereict 10 my
trust and wanting in gratitude 10 the people Of my
district were TO suffer the present occasion to pass
by without attempting 70 vindieate them from impu-
taiions, whca am well assured are unnierited, or
without Offering few reasons in support OF the bill
now under consideration.
This bill is, perhaps entitled TO additional weight
and importance from the fact that the attention Of
Congress has been called to The subject by the Ike
cutive in his last annual communication to Con-
greSs.
In the course Of my remarks, intend to bestow
some attention 10 thai part oi the message with the
view to shew how far the Executive is In favor OF
the policy OF granting prescriptions, and with what
propriety his parsizans In Illinois claim for him the
credit OF exclusive friendship Tor this policy
II has been frequently alleged on this floor and
elsewhere that the settlers upon the public lands are
respassers--that, in violation OF Law, they have
and the vocabulary of the English language, has
been ransacked, 10 lind out terms sufficiently oppro-
bious by which to designate and reprobale this class
Of our citizens
The policy of granting pre-empEon rights to ac-
tual settlers dates its origin far back perhaps may
say, that il is cosyal with eur present land system
itself. policy solong tostered and encouraged BY
the Government and sae (which has, notwithstand-
ing there may be urged against it some serious OBJ
jecuons, been eminently conducive TO the general
prosperity Of the Nation, ought not to be abandoned
without good and sufficient reasons. II will be a
part Of my task. on the present occasion, 10 show,
that this Government never regarded the settlers up
the public lands in The light of trespasSers and
that the act OF 1907 ITO prevent settlements being
made on lands coded to the United States until au-
thoriZed BY law, was never intended 10 apply 10
those claiming title under this Government, but was
wholly designed TO guard against pretended grants
derived from the Spanish and French authorities.
To prove this fact, il will BE- only necessary TO
turn 10 the act ITSELF which is in the following
words.
SEC. !, Be enacted by The Senate and House or Re-
personalities of the Uaed STATES Of America IN Con-
gress assembled, That if any person or persons shall
after the passing OF this act take possession Of or make
settlement on any lands cedcd or secured to tho
United States, by any treaty made with foreign nation
or by cesson from any State to tho United States
which lands shall not have been previously sold ceded
or leased by the United States or the claim TO which
lands by such person persons, shall not have been
previously recognised and confirmed by the United
lands to be thus occupied taken possession Of or set
ed or shall survey attempt TO survey or cause to
be surveyed any such lands designate any bounla-
res thereon, by marking trees, otherwise until there
10 duly authorized by law such offender or offenders
shall forfeit all his their right tile and claim if any
he hath or they have Of whatsoever nature or kind the
same shall or may be- 20 the lands aforesaid which he
or they shall have taken possession Of or settled or
cause to be occupied taken possession Of or settled
or which ne or they shall have surveyed attempt to
H.
thereof he they shall have designated or cause 10 be
designated by marking otherwise Aud ii shall
moreover he lawful for the President OF the United
States to direct the marshal officer acting as marshal
the hereinafter directed and also TO take such
other measures and to employ such military force as he
may Judge necessary and proper remove from lands
coded, secured TO the United States by treaty or
cession as aforesaid any person persons who shall
hereafter take possession OF the same or make or at
tempt TO make settlement thereon until thercun,o
authorized by law. And every right, TILE or claim
forfeited under this act, shall be taken and deemed to
be vested IN the United States, without any other or fur.
Their proceedings Provided, That nothing herein con-
tanned shall be construed TO affect the right title or
claim, OF any person to lands the territories Of Or
leans Louisiana before the boards Of commissioners
established by the act entitled " An act for ascertain.
ing and adjusting the titles and claims to land within
the territory Of Orleans and the district of louisiana
shall have made their reports and the decision Of Con.
gress been had thereon
SEC 2. and be ii further ENACTED, That any nerson
persons who before the passing of this act had taken
possession OF, occupied, made settlement on any
lands coded or secured the United States by any
treaty made with foreign nation, by cesson from
any State 10 the United States, which lands had not
hecn previously soh ceded, leased by the United
States, the claim to which lands had not been pre-
vously recognised and confirmed by the United States
and who at the time OF passing this act, does do &C
tuay, inhabit aud reside such lands NAV at any
time prior 10 the first day of January next apply to the
proper register recorder the case may be- of the
land Office established for the disposal registering or
recordngo such lands to sach person or as
may by such registers recorders respectively be ap-
pointed for the purpose Of receiving such applications
stating the tract tracts Of land thus occupied settled
and inhabited, by such applicant applicants and re-
questing permission to continue thereon and il shall
thcreupon be lawful for such register recorder re-
spectvey TO permit in conformity with such instruc-
tons may be given by the Secretary Of the Treasury
with the appreciation Of the President OF the United
States for that purpose such applicant applicants to
remain on such tract or tracts of land not exceeding
three hundred and twenty for each applicant as
tenants at WILL on such terms and conditions as shall
prevent any waste or damages on such lands and on
the express condition that such applicant or applicants
shall, whenever such tracts of land NAV be sold
or coded by the United States, or whenever for any
other cause he or they may be required under the a-
thorty oil the United States, do, give quiet pos
session Of such tract of land to the purchaser
or purchasers, or remove altogether from the land as
the case may be.
Can II be commended that any portion Of this act
was designed TO prevent The occupancy and settle
inent OF the lands of the United States by persons
who recognised the title Of the Government 10 these
lands2 Surely not, The United States had but a
iewyears prior TO the enactment of this law acquired
by treaty, the title 10 the whole of Louisiana Large
claims many Of which were known to be fraudu
lent were presented 10 This Government for contr.
nation.
Boards of Commissioners 10 investigate the va.
lidity OF these claims were from time u time orga-