The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-08-14

Mr.. CLAY, Of Ala, then moved to amend the bill
by inserting in the I'd section line TO- after the word
Estates" the words sand such sums as may be paid
10 any Indian tribe for the purchase Of any portion of
the public lands" 90 be deducted from the sales prior
On this amendment The question was taken with
out debate, and decided in the negatiye-Yeas 81,
Nays &c. .... "a. ~ ri 1884,.
Mr.. McRoBERTS moved to strike from the bill
that clause which prevented the grant of presumption
rights until after the surveys shall have been made.
he thought the clause manifestly unjust surveys
might be delayed improperly
Mr.. SMITH, Of Indiana said il was practical
question whether settlers should be permitted TO 60 on
me pubic lands before they were surveyed. The
t1ouse OF Representatives had come TO the conclusion
IN advance that they should not He had always
'oted In favor OF presumption laws and presumption
claims, and was still in favor Of them He thought
however, there ought TO be some limit The six
eenth section reserved by compact for the use Of
schools but If declared in advance that lands
may he settled on before they surveyed the set
tier could know nothing of the sixteenth section and
his title might conflict with the reservation and they
would have to grant him float, deprive him of the
benefits Of his Improvements; which he was not dis
posed TO do. There was no danger of that time ever
coming when lands sufficient could not be SURVEYED
He was in favor of presumption rights but he did not
think they ought to 60 in advance of the public
veys.
# Mr.. LINN said the whole body of Missouri had
been settled by hardy and eDterprising band long
before the lands Were thought of being surveyed II
always had been SO, and always would be SO and it,
after these people had settled the public lands aud
made their improvements any attempt was made to
put these lands up at auction because they had not
been surveyed, it would compel these people
bne and drive of intruders with their rifles.
Mr.. YOUNGinsisted il was the first time that any
such principle had ever been engrated pre-emp-
ton bill lfypreemption rights to be grant
ed until after surveys were made there might be ex-
cepted four organized counties in the State of Illinois
where there were a thousand voters. In the same
section too, be found clause excluding aliens from
The right Of pre-emption-an inyidious distinction
which had never before been made u.s. .'.
Tne rysvpai- VAS f.-.L----A T. ,--,---~'
SMITH, of Indiana, PORTER, and YOUNG
Mr. HUNTINGTON argued against the amend
nent. He said the Senator from Illinois seemed to
view the subject though the rights Of other par
lies were to be considered but those Of the settlers.
He thought enough was done when the settler was
secured in his presumption right after the lands had
been surveyed. To strike out the clause, which the
Senator had moved to do would be at all times TO in
rite intruders the choicest spots of the public lands
n advance Of the surveys. 49,.
Mr.. WOODBRIDGE thought the whole West
ought to stand by the PreemPton principle and tina.
he public surveys should be finished with as much
apidity possible. On the whole, however, he
thought evils might grow out of the amendment
The question was then taken the adoption Of
this amendment, and decided in the negative: Yeas
Mr.. YOUNG moved to strike out the clause which
related to the exclusion of aliens.
Mr.. SMITH, of Indiana, explained that the bill
simply required the alien to have filed his declaration
of intention become citizen, required by the
naturalization laws, to give him all the rights under
the bill
The question was taken on the amendment and de-
cded in the negative: Yeas % nays Is.
Mr.. NICHOLSON moved to exclude the proceeds
of the sales of the vacant and unappropriaed lands
the State of Tennessee renquished to that State on
certain conditions.
After some remarks from Messrs. CLAY, WHITE,
and NICHOLSON, the question taken, and
The amendment was decided in the negative: Yeas FL
nays e.
Mr.. GRAHAM moved to amend the bill to
,ace among the deductions from the nett proceeds to
distributed any apparently due to the United
States balances of debts growing out of the trans
lctions Of the Revolutionary war"
This proposition debated at some length by
Messrs. GRAHAM, CALHOUN, CLAY, TAP
PAN TALLMADGE and others, and, the ques-
ion being taken it was decided in the affirmative
follows:
YEAS.-Messrs. Archer, Bates, Bayard, Berrien,
Choate, Clay, of KY, Clayton, Dixon, Evans, Ora
ham, Henderson, Huntington, Kerr, Merrick, Miller,
Morehead, Phelps, Porter, Prentiss Preston Rives,
Smith of Ia, Southland, Tallmadge, White,
f.. 10
NAYs.e-Messrs. Allen, Barrow, Benton, Calhoun,
Clay, of Ala, Fulton, King, Linn, McRoberts, Mou-
ton, Nicholson, Pierce, Sewer, Smith, of Conn,
Sturgeon, Tappan, Walker, Williams, Woodbury.
10.
Mr. YOUNG moved to add to the bill additional
sections embracing the graduation principle, and the
right of the States the public lands when sold,
instead Of allowing them to be exempt for five years.
as they are under the present compact
This was debated at some length by Messrs.
WHITE, YOUNG, BENTON, and others. A mo-
ton was made to adjourn, but failed: Ayes H. noes
10.
The debate was further continued; and the Senate
adjourned without taking the question.