Richmond Indiana palladium. [volume] (Richmond, Ind.) 1837-1839, 1838-02-10
PRE-EMPTION RIGHTS.


When the bill granting the RICH, ofpre-empsion
to actual settlers on public lands was under
consideration in the Senate on Thursday, the 25,h
instant
/ dr. SMITH, OF Indiana, moved - amend the
bill 50 as 10 exclude from its operation all lands
where the Indian treaty bv hich thew were &C.
ded had not been ratified SIX months prior to the
first day of December last. In moving this a
incnament, Mr.. s. said, the peculiar position which
h. found himself occupying seemed II require that
he should fully explain the otjec, of the amend
mant, and the facts connected with its operation,
should be adopted The Senate had already no.
ticed tina, himself and colleague differed widely
IN their views of the propriety o. tins amendment,
and he was compelled candidly TO admit that il
would have afforded him great pleasure had il so
happened that himself and colleague could have
concurrcd In their views, and acted in concert on
this question. lie had the consolation, hcweyer,
to believe that the difference between them was
one OF principle, and that each entitled to the
same credit for honesty of purpose; each suppos
ed he was f,ithfaliy discharging his duty. He
was aware that his colleague had been long
member of this body, and that he had been for
years intimately acquainted with the object and
policy of the presumption laws; and he (Mr. 81
willingly admitted, that could his min have been
influenced to believe that the amendment was
not called for by sound policy, the opinion Of
his colleague would have had great weight with
him.
Mr. s. said he wished 10 place this question
in its true light before the Senate and the coun-
Try, that he might be judged OF by the merits of
the propositions and the reasons he offered in sup
port oft. That the Senate might understand
the question, he would state the facts upon which
it rested. The amendment, if adopted, will ex-
clude from the operation of the law, amongst O.
their lands. the lands coded to the Government by
the Miami treaty. which ratified by the Sem
ate at its cxtra-sesson in September last, sub
iect to the approval of the President and the sane
ton of some Indians who had not signed the n
mcnd,nent to the treaty. The sanction Of those
Indians and the approval Of tho President had
been obtained in Octobcr, "a he understood,
though he had not seen tho treaty. These lands
comprise about 2l5 900 acres, lying in the very
heart of the State Of Indiana, tho Wabash
river, nd on the line Of tho Wabash and Erie
nal. They were Indian reserves, surrounded by
a dense population, and highly improved country.
and 1t may lcarlessly be asserted that tho State
does not contain better body Of land These |
lands he wished to exclude from the operation of |
the bill. lie was well apprized that it was an
task to oppose presumption rights when
there was even a shadow Of claim. He presumed
that some at least oc those whom his amendment
would exclude were his personal and political
friends, and that they might take II as very I'M
kind In him TO move this matter TO their prejudice.
lie had little doubt but that his colleague was
correct in characterizing some Of them poor
men, and he had towards them other feelings
than those Of personal kindness. He could we'll
appreciate the feelings and motives that actua-
Tod his colleague to contend for them, and insist
that they should be included in tho operations Of
he bill; for himself, however, he had but one
course to pursue, his duty to his State and the
Government must paramount; He could not be
in the discharge Of that duty by con-
alterations Of poverty or riches; whether the APP
'licants Cor the services he owed all rich or
,oor could make no difference. He could recog- y
pch NJ
'ubic duties; he would mete out evcn-handed =
us'ce to all he would show FATALITY TO none; he u
vent for the whole. .
He (Mr. S.) would ask the indulgence Of the c
senate whilo he attempted TO state the merits Of
he claim Of the persons these lands to a pre- q
mption, and the that had brought his mind
D the conclusion that these lands ought not to o
e included in the presumption bill at this time u
will he by tho public documents that, G.
ONE years ago, grant flands was made to the o.
tate of Indiana by the Government Of alternate "
ections FIVE miels wide each side # a canal Il
'om Lake Erie, to unite the waters Of the lake Al
18th the waters Of the Mississippi, on the Wabash, q
v interrupted navigation. lie only spoke from g
lemory OF the terms Of tho grant. This casat :.
as originally located as far down the Wabash u
Lafayette, and there stopped for the time be- q
~; the lands were located that point, agree bs
bly, to the act Of Congress, but il was subse- .
nenty ascerfained by tho authorities OF the State ne
charge Of that matter, that, order TO secure OF
uninterrupted and unobstructed navigation Of p
'e Wabash. it was absolutely necessary to ex- o,
md the line Of the work down the Wabash to u
ERE Haute; this has been done, and the State e
,w claim. the lasde under - original act; IN
e claim has been pSusenfed 10 the proper de- &c
lrtment by the Board Of internal Improvement ~
tho State, accompanied with q most conclusive -
ID able argumeat in favor Of the claim. The du
late has no doubt whatever On the question; III
'e believes herself justly .nd legally entitled to
e land, and she cannot dasbe Int that such
i'll be the decissioa ofths Dspasls6G m,
A similar question has heso-4 BY tho VI
se Commissioner Of the Genss0 - Once, %
favor Of Ohio. The decisiso e - ineossanf co
after to the State 10 expec6sd daily Should d
. State be mistaken - ~ 0neoes, - the n,
nds on the line Of - exasnsios q d. vosk er
we been cold by thdEss AA0sae, - Seaae viii -,
entitled to select oehR isn1eiD Esu a sAem; r..
d he (lar S) wishs1 70 hSsp - Dasds cover a.
bv ~ smeodmeaa excluded GIum the oposs- | Il
Ms e Ne bill, dat thsy may be subjsetsd = de
M AZ the State, of de w6ole State; ahaf tsy Oh
~ - applisa 20 thaf work. and tho ssoSof of -
. People fioo tho additional burden u In con- O.
ructioa. Bat Il IN all this the State sAOold TN
i, ie would b rscollecsed BY tho Senate dat "A