Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1841-01-21
rwENrY-sIxTH CoNGREss---2d SESSION.
PERMANENT PROSPECTIVE PRE- EMPTIoN LAW
DEBATE IN THE sENATE.-[CosrlsuzD.l
Wcdnesdau, Januarn6, !


DEBATE IN THE sENATE.-[CosrsuED.
Wednesday, January6, 1911.
The order Of the day being the bill to establish per-
manent prospective presumption system III favor OF set
tiers on the public lands who shall inhabit and cult
vate the same and raise log cabin thereon; and the
question being the amendment offered by Mr. Prem
ss of Vermont a substitute for the whole bill, as
follows
s,rike out all after the cnacting clause, and insert
the following: That every actual settler on any OF the
public lands TO which the ndnn title has been extin-
guishcd except such hereinafter reserved, be-
ing the head of family, over twenty-one years OF
age who was in possession and housekeeper by per-
sonal residence thereon, at the time of the passing oi
this act, and for four months next preceding, shall be
entitled TO presumption IN the purchase oil the land so
settled npon, not exceeding quarter section, at the
minimum price now established by law
Mr.. TAPPAN Of Ohio first Offered, by consent, the
| following amendment:
".1nd prorided further, That person, being the
Of land in any State Territory, who shall quit
Or abandon his residence his land to reside on
public land in the same State or Territory shall &C
quire any right Of pre- .elnption under this act"
Mr. NORVELL expressed himself MS opposed TO the
amendment and demanded that the question on 1t be
| taken BY yeas aud nays.
Mr. BENTON made few remarks inaudibe 10 the
Reporter hut believed to have been in favor OF the
amendment
Mr. LINN approved the object Of the amendment,
lndugHl nc SHOuiu Solc u, uut ~
would be great practical difficulty in carrying il out
lie stated that when section new land was attached
the State Of Missouri oil It's northern border, men
who held large property in the more settled portion OF
the State abandoned IT, and went TO settle IN this new
district, that they might obtain Prescriptions snch
aad never been the intention Of the law. Its bencfi-
cent obec. was to secure home To the poor man who
had none and not TO hold out encouragencns to The
wealthy t" upon the public lands The dilhcui-
" would be in carrying out the amendments ana Mt.
4 -, a., In r.d mt
Whatever gentlemen might say, thing vas certain:
| was impossible restrain the people 1t the West
rom going on the public lands Gentlemen might a.
we'll attempt TO stop the course OF the rivers or The
winds. The !aw in fact, was dead letter ana 'nsl so
.cnain whether presumption laws were passed or not
II was not he sure, matter oil cntIrr ih"t;er"cr
or there were some settlers who did not wish to vto-
ate any law Of the land hn', whether snch laws
ycrc passed not there were those who would enter
the public domain. The whole force Of Tie United
States were ten times greater than II -, could never
,revcn, il. Why not then pass general pt"mp;lon
aw and provide for the as Il existed The laws
-estraning settlement could not hr enforced They
ne yer had BEEN and Mr. L. thanked God tha, thry had
iut. But II Congress should refuse presumption
law, what would be the practical result; linz naigh.
n"rs who had made their settlement would toge
Their with their rifles the dry of public sa.r and the
spccnalor, who there for The purpose Of buying
their farms their heads, would receive very in.
,ellirible intmation that his absence woud ne more
aprrrl6P lldn HIS EOINpdHI W
was in every case very promptly obcycd. liz thought,
therefore, that The amendment would be imperative.
\ man might ne required to swerr lin, lc had
not removed from settled home 10 the pub
lie land, but in Eow many various shapes would such
an oath be cvadcd Still, if the mover would
div the amendment to require the oath
rty. Mr. l.. ready 10 vote for il.
Mr. FULTON, of Arkansas, said that he was rep
resenative Of The log cabin interest and il their
poicy t.imprare every foot of Tho public land tnsL
as possible When the object Of tic I'll was 10 enable
hp hardy pioneer, To get lis little farm al twn
three cents an acre lower than if he purchased il II the
public sale, could il possibly hr object with the Sc
nate to prevent him? And, surprising man had made
Improvement, was tina; any reason hr should he
prevented from making another: He mig have earned
one home for himself, was that ANY reason a. might
not wish TO obtain another for his son:
The question being put on Mr.. Tappans amend
mcnt, adopted BY yeas and nays as follows: Yeas
20, nays Is.
Tie question then recurring the substitute for tie
bill proposed by Mr.. Prent,ss Of Vermont,
Mr.. SEVER demanded the yeas and nays which
were ordered
Mr. PRENTISS then went into brief explanation
of the amendment, which from the fecblcr"ss Of his
voice was but partially heard by the Reporter. lie
was understood ohjecting TO the bill before the Sc
nate as being both prospective and applying &c lands
SURVEYED and unsurveyed. As it held cut an invita-
,ion not only citizens, but 70 aliens from
every land TO come and settle without any condition,
effect WOn,u ne 10 NiHht oucCL
of general scramble. When former pre-cEiption bills
aassed, they always required The land 10 hive heen
first surveyed and before haG il beer proposed 10
make them prospective III their operation. The evils
that must follow were inconceivab!e Tie 5' went,
in fact TO surerscde the whole land system. J. was
totally new aud untried experiment. such one rs
the Government never had sanctioned, and he hoped
never would The whole PTc-enpton policy was OF
very doubtful expediency, even when m1de RETROSPECT
tive in lis operation. But this bill proposed an entirely
scheme, and one utterly opposed 10 the true interests
Of the country. Mr. F. had moved substitute byiway
Of test of the ints ntons OF the Senate.
nIr. CLAY, of Kentucky, now rose aud addressed
the Senate nearly as follows:
The amendment now offered by my friend from Yer
mont by drawing line between The Legislation hereto
fore pursued with relation 10 Prescriptions, and the
new comprehensive, and in;ermnable Legislation pro-
posed BIZ the present BILL opens the whole question for
discussion; and avail myself Of the opportunity thus al
foded to present the Senate OF lie general views
have aiken of this subject and invite, the outset
the serious and would say, the solemn attention Of
the Senate 10 the bill before it, Before, however, pro-
coed 10 Famine its provisions allow me, IN passing, 20
notice most novel and surprising doctrine advanced
Yesterday by the Senator from ~ (slr Wrght) not
that purpose discuss at this time, The position lie
assumed but that NAV here enter my pubic protest
against il, lest, should | remain silent, it misht be
thought by any that yield my assent TO It. The Sc
nators position s that it is competent 10 State, nm
der the Constitution, 10 admit an nnnatura!:zed TO-
repner 10 vote in our elections. wage no war against
foreigners | respect them when their character cn
lies them to respect we'll know especially the value
Of the German yeomanry; better SC, Of husbandnen
does not exist the face Of the Garth honest indus
trinus economical admirable Judges of the soil the best
Judges of land in all the country devotedy attached To
Their iaues--that is the character OF our German po
pulation as have become acquainted with IT IN my own
immediate neighborhood will not now stop TO speak
Of the character of The gallant Irish, whose virtues and
| will add whose defects Of character Uhe virtues far
ovebalancng the drfc,s well known throughout
the world. am not the enemy of foreigners; but the
opinon expressed by the honorable Senator from H. Y.
is one of immense practical Importance; for, If am
no, greatly msnormed, President Van Buren, owes the
vote of one State of this cnnfederacy, mean the State
Of Illinois 10 the fact Of unnatra;zcd foreigners vot
ing in our late election, and casting their votes for him.
Will not, however, enter on that subject, and have
adverted ii now, merely that no conclusion may he
drawn from nv silence that approve or tolerate the
doctrine advanced by the Senator from New York.
here publicly express an opinion decidedly opposite