Daily Richmond Whig. [volume] (Richmond, Va.) 1840-1842, 1841-01-08
IN SENATE.
SPECIAL. ORDERS.

The bill for the graduation and reduction Of the
price Of the public lands having been called
MIR CLAY expressed the hope that the bill might
he postponed. Il would be understood by the Sem
ate that resolution had been submitted by him as
soon as the bill was introduced, calling Tor inior-
nation which would be important TO guide his
Judgment in relation to the matter. On his ARRIVAL
at the Senate, his first act was to call at the desk
OF the Secretary, to learn whether II had been an
swered, and TO his surprise, as well as regret, he
found that the information had not been communi.
Gated Under such circumstances, he felt assured
that he would not appeal in vain to the justice ana
lberaity Of the Senate for the delay of any action
on the bill until the information was received.
Mr. CLAY, OF Ala, acquiesced.
PROSPECTIVE PRE.EMPTIoN BILL.
The following bill was then taken VI;
A BILL TO establish a permanent prospective pre-
empuon system in favor of settlers on the public
lands, who shall inhabit and cultivate the same,
and raise log cabin thereon.
b, IL enacted, &c. That from and after the pas
sage Of this act, every head OF family, every wi
dow and every single man over the age OF eighteen
yeus, who shall make n settlement on any OF the
public lands to which the Indian title has been or
shall be extingushed, whether the same be survey
ed or not or who may have settled on such land
since the 30th day of June, lS40 and who shall in
habit and improve the same ard raise log cabin
thereon, shall be entitled to presumption IN the
purchase OF one quarter section, TO be paid for n,
the minimum price oil such lanu al me TINE OF pay
ing for the same.
Sec. 2. find be Il further enaeiei, That where the
improvement and the settlement shall be on diffe-
rent quarter sections the settler shall make choice
OF the quarter he will take, provided it can be done
without prejudice to the rights Of others.
Sec. 3. Rad be IL further enacted, That where
the quantity of one hundred and sixty acres cannot
be obtained in one entire quarter section, the def
cheney may be made up out OF any contiguous va
cant ground.
Sec. 4. Ind be il further enacted, That in the
execution of this oct, and in making up the quanli-
ty of one hundred and sixty acres, where the same
cannot be had entire, the entries may be made il
tracts of eighty acres, forty acres, in fractions
and where the fraction shall be more than the quan-
tiiy required to complete the presumption, the ex'
SIS shall be paid for, and the pre.emption righ
shall extend to the whole fraction.
Sec. 5. .7Hd be il furthtr enaeied, That, whcr,
two or more persons shall have settled the same
quarter. section the same shall be divided between
them, and the deficiency made up 10 each out o.
the contiguous vacant ground; but no wiltul inlru-
der on the known claim OF another shall be entitled
10 any benefit under this section.
Sec. 6. .1ndbe IL fu'iher enacted, That all lega
reservations Of public lands, for any purpose what
ever, shall he exempted from the operation of ihi
act, that right Of pre-empIion shall accrue OF
any such reserves.
Sec. Z. find be IL further enacted That all cues
lions in relation to pre- empton claims. or between
claimants to the same quarter secuon, shall be set
tied summarily and dehnuvely by the register an,
receiver of the district under the instruction OF tn
COMMISSIONED Of the General Land Office.
MIR. CLAY OF Alabama, spoke at length in ia
vor OF the bill.
Mr. BENTON followed in support of it, IN
speech Of some length.
Mr.. PRENTlSS spoke against the bill, as les
guarded than the pre- empiion act Of 1888.
MIR. MANGUM considered it as vague and in
definite, calculated 10 give privileges to one porto
OF the citizens which, from the very nature OF III
case, it would withhold from others.
MIR. Nj. then moved so 10 amend the bill that
should read, instead of every head of famil,
"eury iohite person being the head Of family" An
on that question he asked the yeas and nays, whic
ordered.
There appearing very general disposition evin
ced to admit the amendment, Mr.. NJ. withdrew tn
cnll.
Mr. TAPPAN insisting, there appeared for
81, against II ], as follows:
YEAS-Messrs. Allen, Anderson Benton Bucf
anan, Calhoun, Clay, of Alabama, Clay, of Ken
lucky, Clayton, Critteuden, Dixon, Fulton, Ora
ham, Henderson, King, Knight, Linn, Lumpkil
Mangum, Merrick, Mouton, Nicholas, Norvel
Pierce, Preston, Roane, Robinson, Ruggles. Sevie
Smith, OF Connecticut, Smith, OF Indiana, Sturgeon
Tallmadge, Tappan, Walker, Wall Williams
Young-37.
NAY-Mr Porter.
Mr MANGUM then moved further TO amen
the bill by inserting the words "bang a citizen ,
He CHiCd STATES so as 10 CONNIE It's provision
and privileges 10 native and adopted citizens.
On this amendment quite a spirited discusso
ensued, Messrs. BUCHANAN, CLAY, of Ala
and BENTON, opposingit it. sketch Of this d,
bate will be given hereafter.
On this amendment the yeas and nays were or
dered, and the vote stood follows:
YEAs-Messrs. Clay, Of Ken, Clayton, Br
tenden, Dixon, Graham, Huntington, Knight Ian
gum, Merrick, Prentss, Preston, Ruggles-I2
NAYS-Messrs. Allen, Anderson, Beaton Cuci
anan, Calhoun, Clay, Of Alabama, Fulton, Hender
son, Hubbard, King, Linn, Lumpkin, Moutor
Nicholas, NoryelI, Pierce, Porter Roane, Robinson
Sewer, Smith, Of Connecticut, Smith, OF Indian
Sturgeon, Tsradge, Tappan, Walker, Wal
Williams, Wright, Young-30.
Mr. TAPPAN then moved to so amend il as tina
no person should wall hlmsefof its privileges NOR
than once; which was agreed To-.
The further discussion was then postponed, an
the bill passed over informally.
And the Senate adjourned.