Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1838-02-06
e,,ongre<s---2d sess.
Friday, January 26, 1880 Concluded
IN SENATE
PRE.EMPTloNs 70 ACTUAL SETTLERS.

pege OF Preehpllon was restricted, The more Danger
there was OF doing injustice 10 many merorous per.
The honorable Senator from Kentucky (Nlr Crit
enden) ascrbed loo much Importance 10 The charges Of
fraud which had been rung throughout the country by
interested persons Now, what had been The result Of
these charges special commission had been appointed
by the Treasury Department 10 goinlo The country where
they said 10 have been committed, and they had
fund MIR. understood, only IL Of frauds hnv'
ing been committed under the old pre- emption laws -
Now, lie asked il this small number OF was to OPP
crate restrictions 10 The of nerIlnrI
Gus caimnn.s AS his friend from Mississippi remarked,
they bad after the fullest investigation, obtained The
proof that only l6 Of frauds had been dscnvered
while the other hand the benefits conferred on vast
body OF our mertt fellow citizens, had resulted in
no loss to the Government II had been found that the
average price received for the public lands in lt25 and
1e29 amounted 10 only cent more Than The price
paid by the preemponcr the average price OF The lands
sold in these yeals being only one dollar and twenty
six cents per acre This was before any general pre-
emplon law passed Again, The report OF the
Commissioner of the General Land Office made eight
years ago. showed that in three preceding years. IN three
of the States (tnduna Illinois, aud Nssouri) the ave.
rupe excess amounted 10 only six mills over the minimum
price, and this state Of things was pIedIcaled The st
general pre- elnflnn law.
The few frauds that had been discovered upon nves-
tgalion sufficient 10 show that was not neces.
sary TO throw around this bill restrictions. lie
thought that the honorable Senator from Ky. had not
sufficiently looked at the BILL and the instructions OF
the Commissioner Of the General Land Office under the
old law, which this was intended to revive. Abundant
power was given 10 provide against those difficulties,
which this amendment was intended to avoid. Mr.. L.
then read from the Sd section Of the act Of 1880 AZ ul.
lows:
"Snc g. ind be further cnncl,d, That prior TO any
entries being made under the privileges given b. this Act
proef Of settlement or Improvement SHAT be made to The
satisfaction of the register and receiver OF the land dis
tct in which such lands may he, Hgreeay 10 Hc rules
10 DC prescribed by the Commissioner Of the General
Land Office for that purpose, &c.
The application made under this law TO the register
and receiver accorded with The rules established by the
Commissioner of The General Land Office; Of which
was that there be house bullt on the land, and
another tha, there must De sufficient cultivation, the
dissertation Of which must necessarily be lett To the DIS
crelon of The register and receiver Further: IN the last
resort an appeal is had 10 The Commissioner OF the Ge
neral Land Office. Now, he would submit 10 The Sena
Tor from Kentucky, whether this was not restriction
enough and whether, It they went further, There would
not hr danger 81 excluding many mcrI'oflous claimants
One restriction adopted the motion OF the Sena
tor from Tennessee yesterday which with regard to
the extinction uf the Indian title before allowing pre-
enplipn and another he was sorry 10 say. ha been m
corpnard in The bill by lis best friends, excluding what
arc called floats merely because sixteen cases OF faud ad
arisen under them lie sorry that this last restriction
had been introduced because many mrrilornus persons
would where settled on the same quarter
secun he Compelled in the division u IT, to take ndiitr
land and too small quantity, instead OF brIng per-
United To % and select The quantity 10 which ihcy were
entitled elsewhere AS hc had observed before, would
be found that, during eighteen years oi The operation oil
the cash system moi more than two ana aIf GEMS per
acre above the minimum price had been received by The
Government. Now would any man say that II vas an
unjust policy 10 accord The privilege TO the indus.
,ous settler who opened aud cleared new country,
and BY whose labos The value n the public domain was
enhanced as those who purchased tor The purpose OF
speculation: He thought that the same indulgence
should be granted .he settler whether he cultivated
thing else In his section of the country IL
had been no uncommon Thing for combinations OF men
to engage IN speculation, and sometimes lnrce hush mo
nry from tic settlers for their homes aud improvements
and a, other times TO purchase large districts ut the
public sales aud afterwards have auctions at their own
aud sell off Of large profit lie had seen TINS, ana
seen men driven with their families from their homes by
these hearess speculaurs whom gentlemen proposed 10
rncouraue by these harsh restrictions. II was this des
cripon of fraud which he wished to put down, and con-
fine the public domain TO the cuItYa'0rs alone. lie
could not believe that it would be "r HE advantage "i
any State of the Union, or that it would add 10 It's
STRENGTH or resources that the public domain should be
rnounpulized by SPECTATORS II seemed to him that Inc
evils of speculation had been completely shown IN
this discussion that lie honorable Senator would see Ill
not 10 press his amendment
Mr. Webster thought lie bill ought TO be guarded ~
every possbIc manner, or the whole object Of the law
would be defeated 1t not unfrequrnily that pride
nut on The air Of humility and there might be those IN
The character Of humble pioneers OF the West awning
themselves Of the privileges OF tins law 10 The injury %!
The ncIual settler He thought that personal residence
was the best evidence of the settlers lnicniInn cuva-
on iah be left in general sense, else made 50 par
lcular as not 10 be hlstahen
Mr. Walker read some extracts from the circulars OF
the Gercra! Land Office, showing tie rules prescribing
the nature Of the habitalon and cultivation necessary
In ucnurp n riuL pre- emptiOn; among which was
ia. ru;r rruurng dwelling house, suitable fence and
cultivation and excluding any settlement by means OF
agents or nVtFseers.
Mr. Clay said in no shape in which The OIL could DC
placed Gould lie br brought to vote Tor IT, me wh"e
pe tnp!ion system was violation OF all law ana an en-
commencement to persons 10 90 on the public lands ana
,ke c choices, portion of them. suited elr inter.
oslo n, their incnalnns e ut lrns, would not be de-
TERED from opposing by any menace or threat when
ohi lie thrown ont Ee stood there as The representa-
live of the whole Union, and SUCH should conlrnd
onans, system which had for lis object 10 take from
the Government The possession OF these lands TO throw
them into the hands of the spectators
He held in his hand document, which, recent as 1t
seemed 10 have been lost sight Of By the advocates
of the hill Gentlemen had argued. again and again,
Ih,i The Government had lost nothing by the pre- emp.
tim syspm and calculations had been read from the
and Office 10 show that The whole difference obained
in tho amount received for the last fifteen years did not
make difference Of more than Two or two and hail
cents an acre on the average. lie (hf CO was aware
how cnsr il was have accounts made by those charged
with that branch Of this business; but lie would take &C.
casion 10 read from report OF the late Commissioner
Gov prown) man whom he believed more cOnVPiSaht
with The public lands than any other in this country
which clearly showed that greu losses were sustained
by the Governments: that the system was full oil nOoi.
nable fraud alike scandalous 10 the Government That
counenanced i, and infamous TO the perpetrators OF IT,
Mr. c. said he did not mean 10 denounce all who bad
oyaied themselves Of The pre- emPtion aw-tar De II
from him TO do There were doubtless many "or'
Inv and excellent men among tcnI but he did de-
nopnce the whole system Of presumption as iraudu'
lent hcarllcss, scandaIous abomnabe speculation.
(lerc Mr. Clay read from the report OF Mr. Brown lhe
late commissioner and descantpd al length upon the
information contained in the reporD AS soon rs u
was ascerained that Territory was 10 be es'ao'
lished, there wild pecpltous rush to get pos
session of all the choice spots Of land 10 be claimed un
der presumption right by men who overnwed honest
purchasers, orbiddinG them under pains and penalties
10 interfere with .heir locations Ii was in this way
that Government, despoed Of her lands by nweSs
and violent men, Against all such proceedings he would
speak long God gave him strength TO do so. lhesc