The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-01-16

success Of new one You have had all these traps
for the popular favor for period now of II years and
what have you got by them7 About as much asyou
likely 70 get hereafter you have got four out of the
nine land States The more traps YOU set the fewer
States you will catch. And now, in conclusion ii
might be allowed TO give 10 the gentleman and his
friends my sincere, and hope unobtrusive, advice,
would remind them all that, in the long run and
great scale in politics and in private fe HONESTY Is
| the best POLICY.
| Mr.. WRIGHT made brief and somewhat play
full reply, the first part ofwhch the Reporter lost owing
TO an interruption near him. In closing his remarks,
Mr. w admitted that in the addresses he had made to
the people Of his own State he had raised issue
the Sub Treasury BILL but he had been able to find
but few of the other side who would concede that that
was the true issue. This he said had been his chief
difficulty.
As to the argument on the constitutional question
he was willing il should rest as il now stood He must
protest. however, against the Senator'S position that
the non-user by Congress of power vested in them
by the Constitution inures to new grant of power to
the States That was doctrine entirely, and
one which he must dissent from.
Mr.. PRENTISS, of Vermont, submitted the fol-
lowing remarks in relation to the main purpose of the
above bill when it was under consideration on Mon
day, the 9th inst.
Mr.. PRENTIss said he did not intend to enter at
all into the general policy of presumption laws He
deemed it altogether unnecessary TO do So because
that question had been discussed at great length and
very fully, on former occasions, and every member
must have made up his mind decisively upon it, His
object was merely to state and bring distinctly the
notice Of the Senate, the main particulars which dis
tnguished this bill from all other laws which had
been passed upon the subject, and which, in his OPT
nion rendered it singuarly and exceedingly objec-
tionable
1t was well known that he had not looked upon
presumption laws with much favor that he had been
opposed to the wholesystem, and had uniformly voted
against every bill of the kind believing as he did, that
the system was wrong in principle unsound in policy,
and incompatible with the public interest well
with every consideration of justice. But if he had
entertained different opinion, and had given his as
sent to the laws which had been previously passed. he
could not be prevailed upon to yield his support to
measure Of 50 extraordinary character the present
one.
The first and most essential particular (sad MrP.)
which distinguished this bill from all former laws was,
that ii was prospective and permanent holding out
invitation to persons from all quarters of the world to
settle upon the public lands and TO endure for all time
come. The laws heretofore enacted had been
tirely retrospective in their operation confined
of past settlement, and had professedly held out
encouragement to future intrusions upon the public
domain. Mr. p. wished to know whether the Senate
prepared to depart from the policy hitherto inva-
raby acted upon and to carry 1t to the extraordinary
extent contemplated BY this bill. For one, he must
say that he was unwilling to make the public lands
object of scramble and plumber, not only by own
citizens but by aliens and foreigners.
Former laws had been framed in such way TO
guard against frauds, and to eectuae the professed
intention of the laws The act of 1888 defined what
should constitute settlement. II required posses
sion by personal residence the land at the time of
passing the act and for four months next preceding
The present bill gave the right of presumption, gene
rally, 10 all persons who should inhdb and Improve
the land, and raise log cabin thereon without spe-
cjfying what should amount to inhabitdncy i'm
proDement, or containing any limitation to the
tent of the Improvement the duration of the inhabi
fancy The bill in this respect, extremely vague
and indefinite; and difficult to perceive what
there was to prevent any one who should erect tenn
porary cabin, plant perhaps rod two of ground,
and camp upon it week or SO, from securing TO him
self title TO the exclusion of all others was OBJ
vions that the facilities to fraud would be great and
it required no uncommon discernment to see that spe
culators and obbers rather than bona de actual set
tiers would receive the principal benefits Of such very
liberal legislation Slight acts Of settlement would
the purpose and nothing would be easier than
for capitalists, of wealth. to plant hordes of squat
tiers upon the public lands here and another there
and in that way monopolze to themselves the choicest
and most valuable tracts in the whole extent Of the
public domain. The last pre-emption law which had
been passed was carefully guarded in this particular
1t required from every person claiming the benefit of
the law affidavit that he entered upon the land
cusvely for his own and benefit, and not for the
use or benefit of any other person. and that he had
transfer it to any other person. The present bill
contained provision Of that sort, indeed any
curity whatever against abuses but left the way open
and unobstructed to the practice Of the extended
fraud and speculation. 1t further to be observed
that there limitation to the time of payment
for the land and the settler might hold and enjoy his
right to it not only for many years, under credit
without interest but it might be for indefinite pc
Rod of time The interests of the United States were
not properly sufficiently secured in several other
respects which might be mentioned, but hardly
worth while to go further into details.
The bill (Mr p. said) measure, in his view
of new and very extraordinary character 1t was
not only prospective and permanent, but most extern
sive in its operation. 1t covered the whole public do
main. textended to lands surveyed and unsurveyed.
exposed the richest portions of any and all to be
picked and selected, TO be seized upon and taken up
at the inconsiderable price of dollar and quarter an
acre. well TO crafty the avarce and cupidity Of
greedy rapacious spectators satisfy the wants of
the needy but hard aborng and meritorious cultiva
tor 1t would supersede and put end to the whole
land syseem; system almost coeval with the Govern
ment, which had been in successful operation nearly
half century, had been tested and approved by long
experience, and the beneficial effects of which had
been and felt by all. To measure of such ire
mendous import, involving consequences much at
variance with public policy, seriously affecting
of the great interests of the country, Mr. p. would
repeat, he could not give hs assent