Richmond palladium. [volume] (Richmond, IA [i.e. Ind.]) 1839-1854, 1841-02-13


il still rolling on, and only be arrested by the
waves Of tho Pacific. Our people arc already
settling beyond the Rocky Mountains, and IN
few years more there will be nation Oh our ci-
items in that region. You Deed not talk Of ar
resting this spirit; 1t forms a noble trait IN our
character, AID it should be provided tor. Inc
privileges granted are those of selecting, occu
plying, cultva,ng, and paying for at the NAM,
mum price, quarter ction OF Governments iaiu'
securing to the settler The fruits OF his own IN
du.try l., exclusion Of oil others. II IS SAID mat
these lands, if sold al public auction, would bring
q higher price than the minimum Inns may be
SO in MANY cases; but hero again we must look
Of the matter in its true light. consider the
pre. emption laws merely declaratory Of the Gus
tom or common law Of the settlers. II you make
your public sales, and put up lands thus improved,
the settler will become the purchaser at tho min
imum price. No will bid against him; no
homes. man would take from poor man the i'm
provcmcnts he had made on piece OF land, and
no dishonest man would dare to do II. Previous
to "A sale, all tho settlers in the district have
perfect understanding, that each ls to have the
piece Of land he lives upon. and they VIII neither
bid against each other, nor will any other person
risk the consequences of taking from any one
his improvements by purchasing his lot OF lane
Sir, who could do il! Who could dare TO do ny
Whose conscience would suffer him TO do III
And here let me answer position assumed by
the Senator from North Carolina, (Mr. Mangum;)
he spoke of tho bowie knife and the rifle set
ting tho question OF redemption between the
settlers themselves know the Senator would
not make the statement, unless he believed the
consequences he fears would grow out of such
conflicts; but let me assure him he is wholly mis-
taken. Ono pre- -emptor has just much regard
for tho presumption right of another as he has for
the personal property of his neighbor, or as the
citizen land holders of the old States has for real
estate OF others to which no has claim of title ;
or in other words, tho occupancy and cultivation
Of LAM t,uo ticrc to thor IN
purchase that land in exclusion of every other
settler, efectualiy, by the custom Of tho set
tiers, If presumption laws guarded his claim.
l may here DC nsked, why pass pre- emption law,
then? NV answer is tho same that would be
given TO the passage of decIaratory statute: to
leave no doubt on The subject in the mind Of any,
and to provide for a possible case that might &C.
While am on this point, must say one
word to the general character of these pioneers.
l may be pardoned for surprising that have had
some opportunities OF Judging that some Sena-
tors who have spoken have not. More than TWEEN
ty years OF my life have been spent tho from
tier. have seen myEState in her infancy, with
the tarcst and largest portion OF her territory IN
the possession ui the Indians. I have her
pass through the different gradatIons of improve
meD, until she has arrived at her present high
grade in comparison with her sisters. | have
the first rude hut, the first log cabin, erected
BY tho first occupant of the wilds, Of what is
tho most beautiful and highly improved portions
of my State. have seen, heard, and couvcrsed
with, tho early settler; and let me assure Sena-
tors, he is the las. man that would willingly d.
injustice his country, and the very first in times
OF peril, to bare his manly BOSOM and nerve his
strong arm In her defence. And although he ma y
be rs rough aud as rude his own log tenement
his hoart beats with patriotIc emotions for his
country; he is 4 warm friend, Il kind neghbor
ever hospitable 10 strangers, and, still better, an
honest man; his poverty, and his en- terPrise With
the hope Of lettering his condition and ovIdng
for his family, stimulate him TO leave his old
friends, the homes and the graves of those she
are dear TO him, plunge into the wilderness and
undergo the pefils and deprivations incident 10
the settlement of n new couatry. Do YOU ask
me where is the evidence of his industry and use
fulness? | answer you by pointing TO the West
90 there aud sec for yourselves; let the great
West answer for the emigrant.
have, Mr. President, Il single remark 10 make
upon question arising out OF principle OF the
particular bid before the Senate. The principle o
granting prospective Prescriptions has been siren
uousy opposed being departure from previ
laws on the subject; as holding out bounty
in advance for settlement. AS the first o.
these positions, must say thata prospective pre-
emption Is much moro justflble than a retro
spcctive The stated i'll my opinion
settles the question. In the case OF RETROSPECT
tive preenption, you justify irespass actually
committed on tho public lands, and grant to the
trespasser the benefits of the pre- cmpfon law
'oi ~" nav INV III I'i~e, IL ~ ot
,respass 20 enter upon these lands, destroy the
timber, take stone, or commit other acts inconsis
tent with the rights of the Government. In ihc
other case, you Justify no trespass, but by law
grant tho privileges to the actual settler The
second position assumed, answer by saving thai
such has been the practice of the Governmen
for series OF years, that the stimulus created
by n prospective presumption law would not be
percepttbie. The settler READY relies with full
confidence on the security of his right of pre-
emption, either by retrospective law, such n:
We have been in the habit of passing for his ben
eft. the custom or common-law Of settlers. o
which have spoken. | dismiss this part of the
subject with q single additional remark. that, as
presumption laws have been passed, thew have
no, been productive of any visible public injury
and tina, portion Of feIIew-cltizens for
whose benefit they are passed conhJe IN thei,
continuance, | see no improperly in the meas
uTe, If sufficiently guarded.