The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-01-14

r.. surveyed and never before had il been proposed
10 make them prospective In Their opefauon Ia, ~.
that must follow were inconceivable me p,ii "e"'i
IN fact 10 supersede the whole land system y was
totally new and untried experiment such one asthe
! Government never had sanctioned, and ne hoPeu
never would The whole presumption policy was o.
very doubtful expedency, even when made relrospec-
tive in its operation But this bill proposed an entire
new, and in Mr. Ps apprehension, aanse,vss
scheme and utterly opposed TO Inc true in'e'oss
Of the country Mr.. P. had moved substitute ny
way of test of the intentions OF the Senate.
Mr. CLAY, of Kentucky, now rose and addressed
the Senate nearly as follows; -,
/ The amendment now offered by my friend nom
Vermont, by drawing line between the Legislation
heretofore pursued with relation TO pre-empions anu
| the new comprehensive and intermlnable legislation
proposed by the present BILL opens the whole quesuon
for discussion and avail myself OF the opportunity
thus afforded 70 present to tne senate SOM ~ ins
general views have taken OF this subject, and invite,
n the outset the serious and would say, the solemn
attention of the Senate the bill before IT, Before,
however, | proceed to examine Its provisions, allow
me in passing, TO notice most novel and surprising
doctrine advanced yesterday by the Senator from New
York. (Mr. WRIoHr } not that purpose TO discuss,
at this time the position he assumed, but that may
here enter my public protest against 1t, lest, should
remain silent il might be thought by any thai yieid
my assent to it, The Senator's position Is, that u Is
competent to State under the Constitution TO admit
an unnaturalized foreigner to vote IN our elections
wage no war against foreigners respect them when
their character entities them to respect well Know
especially the value Of the German yeomanry bet
ter set OF husbandmen does not exist the face OF the
| earth; honest, industrious economical, admirable
Judges of the SOIL the best judges Of land In all the
country deyotedy attached to their families Is
the character of our German population as have be
come acquainted with il in my own immediate neigh
borhood will not now stop to speak OF the character
of the gallant lrish whose virtues, and WIN ada'
whose defects Of character (lhc virtues far overbaan-
cling the defects) are SO well known throughout the
world am not the enemy offoreigners, but the opln-
ion expressed by the honorable Senator from New
York il one of immense practical Importance Tor II
am not greatly misinformed President Van Buren, owes
the vote of one State of this Confederacy mean the
State Of Illinois, to the fact of unnaturazed foreign
ers voting at our late election, and casting their votes
for him | will not however, enter on that subject,
and have adverted to it now, merely that no conclu-
sion may be drawn from my silence that approve or
tolerate the doctrine advanced by the Senator from
New York. | here publicly express an opinion deci-
dedly opposite think that the exercise of the cleo
tive franchise always implies citizenship though citi-
zenship does not imply the right to the exercise OF the
elective franchise. ] hold that voter, whose voice
may effect change the entire policy OF the country
may alter or subver the Constitution and laws of the
country is component part of the political power OF
the country hold that the power over the subject
of has been conded by the Constitution
exclusively to the General Government and that no
State can constutonaly exercise that power; and
that therefore, State confer those privileges
and immunities, grant those rights which proceed
| from naturalization. This is my opinion, and adj
it here merely as counterprojef to that ex-
| pressed by the Senator from New York. When a
foreigner has once been naturalized regard him as
brother as member of our political community, and
as entitled with few constitutional exceptions, TO
all the rights Of native born citizens and to the protec
ton and def, nee OF the Government at home and
abroad but until he has renounced hts allegiance to
his foreign Sovereign and sworn fidelity to
can and will | w
to hear the gentleman from New York express diff
ferent opnion-look upon him Incorporated in our
society and authorized by the exercise OF the elective
franchise exert influence in unsettng or chang
ing our entire political policy, whilst a subject of
foreign Power he lies under all his original and native
obligations If the contrary doctrine be admitted TO
| be sound one, then, has been shown by cacu-
lation which have seen, the Emperor of Russia by
proper dstribusion of 1900 of his serfs among the
| States Of this Union (f the States would have per-
mitted them to vote might have changed the glorious
the triumphant result ofthe vote of November last and
have continued those in power who, by the full deci
ded and manly expression of the public will, have
been declared unworthy to be the depositares of it
4 any longer.
But ii is with another subject that have risen now
to deal-the fearful extension now proposed to be
given TO the Presumption System. Wehave now had
land system in operation for upwards Of forty years
Is there any thing in the practical effect of this old
| and long tried system which should induce TO re-
pudiate it for new, untried, and wild experiment ;
/ What have been its results 2 II commenced, about
forty years ago. little more, in of the great
Western members of the Confederacy, (the State of
Ohio the settlement of which took place as much as
twenty years later than in the of her sister and
| neighbor Kentucky And what is her population
now From the returns of the census it is found
to amount to a million and half of souls--nearly
double that of my State, although Kentucky had
preceded her by such great length Of time And if
then go 10 Indiana, still younger sister in the
great family Of States shall find that she exhibits
population of between six and seven hundred thou
sand nearly equal TO that of State which was her
predecessor in the establishment of nd,pendent State
sovereignty by thirty years, will not 90 through
the list All the members the Senate doubtless
familiar with the of the late census All these
great and astonishing results have taken place under
that system which we now asked to change. Is it
wise-is prudents it statesmanke, to reject plan
from which have proceeded such glorious fruits for
untried, and, believe, most hazardous expert
ment2
What is the history of these pre- cmption laws
They arose, think, in the first instance in the
of what is called Symmes's Grant John Cleves Sym
mes purchased from the Government large tract of
land between the Great ard Little Miami rivers in
Ohio including the spot where Cincinnati stands
He was unable to pay for il, but finally made a com
promise with the Government, and took less amount
Of land. He had, in the time sold out to nu-
merous subpurchasers, who being innocent third par
ties and having purchased in good faith were suppo
sed to have fair title to pre- emptlon Tor the improve
mcnts they had made and the farms they had opened
to cultivation Congress, accordingly granted to
them right TO purchase from the Government the
lands they held at the minimum price prescribed by
/ law. Then came the cession of Louisiana many of
the occupants of which had settled their farms
while that Territory belonged to the Spanish and the
French Governments under grants freely made while
others had entered on their lands with confidence that
according to the established usages and customs of the
country, donations of land would be obtained totally
| If he of adj mas
ed upon the country without consulting them The
question then arose, what ought in equity to be done
in their case And the American Government came
to the conclusion that all who had thus into pos
right of presumption, which accordingly extended
To them Next came n third case-tha at of the II Ohio