The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-02-06
DEBATE IN THE SENATE.
PROSPECTIVE PRE-EMPTIoN BILL
WEDNESDAY, JANUARY 10, 1s41.

WEDNESDAY, JANUARY 10, 184I.
The Pre- emption Bill coming up as the unfinished
business and the question being Mr.. CALHoUN's
proposition to strike out Mr. CRrTENpEN's amend
ment, and insert provision ceding the public lands,
on certain conditions, TO the States in which they
lie
Mr.. PRESTON expressed his regret that on his
account, the Senate should have gone through the
formality OF an adjournment since he had nothing to
say which would at all compensate for this DELAY He
had intended TO offer but few necessary remarks
and he now therefoe under circumstances some
what embarrassing. He felt it, however TO be a duty
which he owed TO himself before he gave the vote
which he intended To give this measure to state
some reasons why he could not yield it his support
especially he had formerly felt somewhat ncl-
ned TO favor some such scheme fo he had been rea-
dy to embrace almost any measure which should dves
the Federal Government OF the trouble, vexation,
embarrassment, contests and particularly of the pat
ronage which arose from these public lands lying with
in the several States. The management Of them seem
eel to be generally conceded be very burdcnsone to
our legislation, and he had been very anxious that
effort should be omitted TO deliver Congress from
perpetual exactions and he still considered it
Of our msfortunes 10 be often called discuss and
decide upon difficult questionsj connected with this
ricate subject and so frequently toexeIcse the pow
ers of the General Government within the limits of
the States.
A long course of observations, however, had dimn-
shcd his apprehensons to The subject Of most diff
Guilty, VIZ the danger Of Executive patronage arising
from the possession and management OF this extensive
domain. Reason and experience had long since taught
him that all the powers which Congress assumed
whether legitimatey not, whether constitutional or
otherwise ultimately found their residence in the
President of the United States, whose person the
great and ultimate depository of the powers of the Go
vernment and most especially Of all unauthorized and
doubtful powers claimed by it, Having resisted all ir-
regular exeron of Executive authority with great
anxiety and having felt its effects very severely, Mr.
p. had been extremely DESTROYS TO the prolific
source of patronage diminished cut off. When he
saw from day TO day, many of the Senators repre-
sentng States Of the Contederacy, voting habit
ually with the Executive, and sustaining all those
measures which he then thought and the result has
proved be disastrous, he In erred that there
source of influence in the public lands which
produced a much TO be deprecated. He per-
ceved that the control Of this public domain enhanced
the powers of Congress, and that Congress dis
posed to surrender its powers to the Executive
Mr.. p, however, said that the deep and painful
anxiety he had once experienced on this subject had
been somewha diminished He happy to find
that he had been mistaken TO the extent ofthe evil
that after ALL the free spirit of the inhabitants Of the
States competent to resist this malign nflu-
ence-of asserting its Independence, and this gave
pledge and furnished happy augury of the continu
of free institutions. Mr.. p, admitted that
he had lately been taught lesson of great value. The
landed States, which he had once supposed to be bow
ed and subjugated by their condition into spirit of
subserviency to the Executive will had in the late
Presidential election, proved that large majority
cal and temporary influences. Five of nine CT these
States, embraced in this cessirn, had ranged them
selves against the existing Administration, spite of
its patronage, and the open and daring use of it for its
purposes and of 63 had cast ~ for General
Harrison Mr. p asked pardon, therefore, of these
patriotic States for the fears which had pos
sessed him He here took back the opinion he had
once held and expressed. He congratulated the
try favorable omen of the future, and was
now prepared well to believe that the sturdy indepen
dence of our brethren in the West would be rea-
dy to assert itself when circumstances required MIR
p said this in spirit of acrimony towards any one
but TO explain and yindcae some change Of opinion
which had been mainly founded on these views
Mr. p. did not desire to be understood as saying
that he had could at any time have approved the
project of cesson presented to the Senate but he
had once expressed himself in favor of guaranteeing
in some way to the new States the exclusive control
Of the public land within their limits, hoping thereby
to exempt Congress from all further responsibility and
nxiety respecting it, and to relieve these States from
the influence of a dangerous patronage. lie diu not
think that under the powerful action OF these
motives when operating his mind in their fullest
force he could have voted for the proposed by
his colleague. He certainly could not do so at this
time.
Mr. p was aware that the entire subject Of the adj
ministration of the public domain now thrown
open for discussion but not his purpose TO enter
large upon the subject not only because there was
not now time to do il justice, but because he had al
ready spoken to the principle of pre-empton contained
And now, said Mr.. p, with regard to the amend
ment before u.s. let first look at the nature of the
powers of Congress in controlling the public lands
By an express provision in the Constitution, we are
authorized to make such regulations in regard tohem
as Congress shall think proper. This provision re-
suited from the cessons by Virginia and Connecticut
and from the subsequent ordinance of the old Con-
gress Undoubtedly these grants did look to the pow
er exercised under the Confederation in establishing
the rates of contribution of the different States to the
expense of the General Government. hold IN my
hand these deeds of csson and the ordinance to which
have Just referred shall not go fully into the ex
tent of the control here authorized the duties of Con
gress growing out oft By these decd'it IS declared
as follows:
Deed Of Cession Of Virginia March !, 1874.
"That all the lands within the Territory ceded to
the United States and received for appropriated
to any of the before mentioned purposes, &C. shall
be considered common fund for the use and beneht
Of such of the United States have become or shall
become members of the Confederation or federal all-
ance of the said States, Virginia included, according
to their usual respective proportions in the general