Litchfield enquirer. [volume] (Litchfield, Conn.) 1829-current, 1841-02-04
HpREcK OF Mr.. HUNTNoToN, OF CoHN..
On The Prospective Presumption Bal, Jan. IL,

lS4L.
TAe eah.r of the day being the "Bi to establish
p-SmSnSW rroaDec.ive pre-empton system in favor u
seeFsun The public lands who shall inhabit and cul
6vEA 1he same and raise log cabin thereon" and
the NQesaion being the following amendment offer
"a 81 Mr. PRENTTSs. Of w., IS a substitute for the
ke out oil after the enactinR clause, and insert
public lands to which the Indian title has been exin
euished except snch hereinafiPE reserved, be-
ing the head Of family Or over twenty-one years Of
personal residence thereon, at the time Of the passing
q sis act, and for four months next preceding shall
be entitled 10 prescription in the purchase Of the
land 20 settled upon, not exceeding one quarter eec
Iion, the minimum price now established by law
Mr.. HUNTINGTON addressed the Senate. in
substance, as follows: -
Mr.. President: 1t is no part Of my present
purpose to discuss, at much length, the gene
raj subject Of the pre-emption laws Of the
United States. There are two reasons which
deter me from such q discussion. One is,
that the indications are quite apparent that
majority OF the Senate will sustain the poll
CIV Of these laws in so'ne form: and the 9TH
er Is, that the subject has been so often and
80 recently the topic of debate here, that it
cannot be expected that much, ii any thing,
which is new or important appertaining to
il, can be suggested. wish, however, to
call the attention of the Senate-of the
friends as we'll as the opponents of the pre-
emption laws-to the peculiar, and, think,
extraordinary provisions contained in the
bill before us; provisions which, when un-
derstood, cannot believe will be adopted
by this body.
That this bill, in its present shape, is an
erteasiOm Of the pre-emption system; that 1t
INTRODUCES new principles, gives greater ia
cilities, and holds out new encouragements
to settlers on the public lands, is not denied.
Indeed. the latter object is apparent ON the
face of the bill, and avowed in debate. Ihat
VI will, in effect. produce an entire revolution
In our whole system relating to SIC public
lands that it Is ..:,ust to the States collect
lively. AID impolitic, inexpedient, and fraught
with serious mischief have no douo!; ana
propose to examine the several sections OF
the bill with the view of sustaining the opin.
Aion just expressed.
The bill is prospective in its operation.
It does not look merely to the advantage and
security of the settler, who has already gone
on the public lands, in good faith, and made
his improvements, and who is still there. with
the intention of becoming permanent resi-
dent, and citizen of the State where ne has
settled. In this respect it differs from tor,
mer pre-emption laws. They were intended
to give the industrious and enterprising set
tier the fruit of his labor and industry, al.
ready bestowed upon the public lands, by al
lowing him the privilege Of presumption
The act of 1888 confined it's benefits to the
actual settler of these lands. who was in
possession, by personal residence on the
land, at the time of the passage of the act,
and for four months next preceding. Secu-
rity, in the form Of presumption, for settle
naents and improvements already made, was
the design Of that and the previous acts
This bill provides for a new class of settlers.
T~ AclNO os,k onN0,, rn garments IN enter On0n
the public lands without right or title. 1t
declares that the persons described in 1t
I" apk0 shall make settlement" &C., shall be
entitled to a priority in the purchase. II invites
to unlawful entries upon the public domain.
II offers inducements to commit trespasses
upon the property Of the nation. II says to
the settler, inadvance. that he shall s &c Sc.
cured in the' pc F;;sa1:.emption right 70 lands to
-~.eich he has not the shadow of legal or
equitable claim, il he will enter upon them.
i is proclamation by the Congress OF the
United States proposing not merely protec-
zion to those who who are already settlers.
but containing IN invitation to the people Of
all nations 10 become intruders upon the
public lands, and offering to secure them in
the erioyment of the fruits Of their trespass.
WHY should there be such departure from
the principle adopted in former pre-emption
laws!
Why should the legislation Of Congress be
invoked to encourage violations of its laws,
unlawful entries upon, and continued posses
sion of its property? Why should gene.
raj request be made to settle down upon
the best of the lands OF the United States -
Has law holding out such inducements the
sanction of any just or equitable principle
Or can it be defended on the ground Of gen.
eral expediency or public policy? 49,.
But 10 whom is this invitation given b
Who are to be the objects Of the bounty of
the Government! Who may claim tho ben.
e;:t Of this pre-emption law! The answer to
nheaa o,;estions may be given by looking to
rthe personal qualifications required of the
settler, and the acts which 1t 10 necessary for
him to perform. BY the law Of 1888, he
4nusk be the head Of q family. or over 81
years of age. aud Q house-keeper. He must
be an actual settler. in possession by person
: al residence. BY the proposed act, the set
rtler must be white person, the head OF q
family, or widow, or a single man over the
a9e Of l6 wears he must make q settlement,
inhabit and improve the land, and raise log
cabin or other dwelling thereon. To all
such. from all quarters Of the globe, whether
aliens or citizens, and without reference to
character; whether they owe allegiance to
,ahis or some other country whether favora-
bly, disposed or hostile 20 our free institu-
lions; whether good or bad Inhabitants to
all, indiscriminately, is the invitation given
!. to become treeholdGrs and owners Of real es->
tate in this country. Is it desirable that
: such an unlimited offer should be made? Is
40 good policy to encourage every description
of persons to become proprietors of our soil,
and to remain such (when aliens) as long rs