Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-03-08
SPEECH OF MIR. PRENTIss OF VI,
ON THE PROSPECTIVE PRE- EMPTION
BILL,

Delivered in the United States Senate, Jan. 90 1s4l.
Mr.. Preniss said that he was in favor of the a
nendmcnt, and hoped it would be adopted for,
although he was opposed TO the principle of the
bill, he wished TO render Its provisions as uneX.
ceptionable as possible In the remarks he had
taken occasion to make in the commencement of
the debate, he had expressed his opinion upon the
policy of pre- emption laws in general and espe-
cially upon the policy Of this particular bill-a
bill, he WINS obliged to repeat new and unprece
dented IN it's character and most extensive III its
operation. While all former laws upon the sub
ject had been retrospective and temporary, this
was to be prospective and permanent 1t not on
ly enlarged and extended the presumption policy
beyond all previous precedent or example, but in
fact, introduced new principles into the system. -
Not content with tlbecting the whole public do
main, surveyed and unsurveyed, Ia the operation
of future presumption, without nny limitation OF
time, the bill broke in upon the relations OF pa
rent and child, and invited minors, young men un
der age to desert the family roof before their ma
tury and seek their fortunes in the wilderness OF
the West. If the bill must pass it was 10 he ho
ped, ut least that il would he Invested of this
~ Objectionable feature.
The bin, Mr. Prentiss said, possessed new and
untred experiment. and he feared that it would he
as mSchevous in ITS consequences as he deemed
il unsound in principle anG distinguishing in ten
dency. An honorable Senator had Yesterday in
justification and support of the bill, referred to
certain laws which existed in some of the Sta'es
of New England. The honorable member seem
ed to think that between these laws aud pre- emp
ton laws, there was striking analogy, aud that
both rested essentially upon the same principle
Nothing, in the opinion Of Mr.. p, could be more
erroneous. The laws, to which reference had
been made, were not of u mere arbitrary charac-
ter as vas supposed, but derived their origin from
an ancient and approved princpe--a principle as
old us the system of equity ltseit-as old as the
code Of the civil law. They were little more, in
aub,tauce, than the enactment INTO the fornI of
law of Il well-known rule OF equity, making that
Il legal which was before essentially an equitable
right, and providing for it simple, cheap, and ex-
peditious remedy. They allowed Il parly enter
ing upon land under color of title. surprising
himself to have valid right but whose title, on
the trial of an ejectnent, turned out TO be detec-
tive, to recover compensation for hls Improve
mens, or rather, Tor what he had made the land
better But to entIe himself to compensation,
the party was obliged to show that Ire had entered
under deed, under "A claim OF title apparently
good. The laws give no relief, nor afforded any
favor to mere naked, wilul inruders, nor did
they hold out any inducoment or encouragement
TO lawess invasions wrongful iDtrusions upon
the property of another. They were never pro-
spectiue, but always retrospective, applying only to
past cases, aud were enacted from time to time, as
the purposes of Justice seemed to require. Moth
ing could be more just than that ii the legal own
er would lay by, without asserting his title, and
suffer q purchaser for valuable consideration,
under supposed or mistaken right to expcnd Ia
Dor and money upon his land, and thereby aug
ment It's value, he should not be allowed to turn
the innocent party out Of possession without re-
munerating him to the extent OF the real worth OF
his improvements. Such was in substance and
effect, the laws which had been referred to, and II
was quite mistake TO suppose that it afforded a.
ny countenance or support to pre-emption laws
n n UrODOSeu
this bill
If (said Mr.. P.) there WINS no objection to The
bill other than the powerful temptation it held ou'
to enisration that objection alone would he sufil'
cient with him. 1t might be well to look into the
statistics Of some of the old States, and see what
had been the progress and what was the present
stale of their population. That would enable
them to Judge whether it was wise or just, by acts
of legislation, to create motives and Inducements
which could not fail TO give new and active i'm
pulse to emigration. lie would ask attention TO
the condition of his own State. In 1870, the pop
ulation of Vermont was over two hundred and
fiiy-five thousand in 1880, over two hundred
and eighty thousand and now, l,tlle short o
two hundred and nineiy-tw thousand. II would
thus be seen that from 1920 to 1880 the increase
was about forty five thousand, while from lo3'
TO 1910 il was only about eleven thousand. Ant
how did the account stand in regard to The neigh
boring State of New Hampshire? In $50, ih'
forty-four thousand in 1880, two hundred ant
sixty-nne thousand and now, about two hun
dred and eighty-three thousand. From leu L
1880, the increase was full twenty-five thousand
while from 1880 to 1910 it was only about four
teen thousand. In some of the towns IN Yer
mont, the population had diminished in the las
ten years and there WAS reason to presume tia
such was the case in N. Hampshire. Had it nc
been for the manufacturing business which, thong
greatly depressed of late, had built up coIisdrra
bic villages in different parts, II was probable th'
the aggregate of population would not have bee
augmented at all in either SIute, but might hhv
been diminished.
In view of these startling facts, Mr.. p. sail
was quite impossible for him, representing, ms l.
did, an old State To give his support to a mensul
which offered bounty, and Il most tempting Doui
~ too, to emigration While e would impose i
restraints upon emigration, but leave every one
go where he pleased, he would give il no exlrao
binary facilities or curOurG cement, ana especlul
sucn encouragement us The bill held out, IA
which no one could fail to see must operate We
iuuriously upon the old States. Emigration
the new States was rapid enough, and one won
think that they ought TO be satisfied with the sl
prising and almost incredible Accommodations tht
population was annually receiving. without exaC
Ing new facilities and new encouragement al q
expense of the old States. This was what til,
interest did not require, and what they hnd
right to demand. AT any rate, il was what, COZ
ing AS Mr. p. did from an old State, und meani
10 perform his duty faithfully in the station he h
the honor to occupy. he was not willing 10 yiel,
Public attention (Nlr. 2. said) WIS awakened
thu great and momentons subject OF the pub
lands The statesmen and patriots of the count
were beginning to see aud feel the impouan,
and even the necessity of adjusting the questiC
aud that speedily too. IL was not dlihcut to
that the public lands, il not made or used as
bride for votes, would become, more and more
cause of jealousy aud collision of interest betwe
the old aud new States, tending not only to CT
tct of opinion, but TO alienation of feeling. 1
cry one knew, and well knew, that the quest
had already entered, more or less, into the poliI
of the country, and exerted powerful, il not C
rupting influence in elections and unless
question was soon disposed of ii would not oil
create a combination of interest," attended W
concert of action, of nature and aspcc. at OF
Al Ilirafr damn Mar colrIi.