The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-02-04


be conceived of still voted 10 require the declaration
70 DC made In writing before the prescription shall OPP
crate cannot agree with Senators who think there
Is great danger Of this class of foreigners oyerturnng
or inunng the Government by their votes Or other
wise. Sir let me tell Senators that this Is not the
class OF men from whom danger is To be apprehended
these are honest Woodworking, industrious men, who
support themselves and families by the sweat OF their
prows--men who attend TO their own business, and
not the concerns of the public They are not Of
the class OF political foreigners who hang around your
seapors and the suburbs of your large cities making
politics Their trade, preaching agrnrian and iocQfoeo
doctrines IN the daytime, and Lighting ioceoc9 match
es and rotng at night-the Jewellers down, because
they cannot level up-men who do not betake them
selves to honest cangs for livelihood, and who arethe
enemies OF thoss who do these aie the men you may
watcn. But when you foreigner take his ianiiy
into the Western country settle down piece OF
wild land, commence his little improvement, sur
rounded and aided by his wife and children you may
rest satisfied that you have nothing TO fear from him.
ne IS OF the useful class of foreigners that ultimately
become our best citizens The spirit that prompts him
TO acquire property will induce him to protect and de-
end IT, The other class not affected by pre-enp-
ton laws for they would not cultivate and improve
the new lands il you would give them the privilege
free OF cost have many ofths tss IN the West,
as well as in the East, and have y yer seen one OF
them claiming emp,ion privileges. The other class
usually apply for the benefit of naturalization
laws, and become citizens at the earliest period posi-
BILE; they good members Of society and desre to
give tnein all ie encouragement can, COnsisttHNy
with the provisions Of the constitution
During the discussion OF this question: the argu-
ment was pushed further than called for by The
provisions of the bill; and questions start
ed, or rather sprung upon us; one OF which, being an
important one, am not disposed to let pass without
brief notice 1t has been contended that the States
bava the power to confer the rights of citizens, in
other words, citizenship. on foreigners, notwithstand
ing the constitution of the United States that sub
ject Others have contended that this only be
lnn thua 81 at
passing naturalization laws the part of Congress,
heard these opinions advanced by distinguished Sc
majors and confess thought at the time that both
wrong that those who conended for the first OF
these positions clearly and wholly mistaken and
that those who admit the power in the States in the
absence of the exercise of the power by the Federal
Government, had taken ground that could not be
maintained. ! supposed the whole power to be
exclusively in Congress, and that in case, under
circumstances could the States either of them,
ercise il and find consulting high authority,
(Story on the Constitution that / was right. will
read 10 the Senate what that learned commentator
says On the subject Sd vol. Commentaries, chapter
10, he says
PRE-EMPToRS.
Secondly il is objected that the principle grants ex
elusive privileges to class of men who rush in adj
Of civilization and seize upon the public property,
and il mas even been suggested that trey might be
strained by the action OF the Government. To this
would say that legislation should always adapt itself
to the condition Of affairs We must look at things
they are and not they might be supposed to be,
or we egisate for supposed and not real state OF
things That spirit of enterprise and discovery, which
is characteristic of the anglo Saxon that spirit
that animated the Pilgrims, and the first settlers ut
jamestown that spirit that prompted Boon, Clark
and kenton, to penetrate the western wllds and en-
counter and overcome the peTs that surrounded them;
that spirit which fired the early settlers of the West,
induced them to leave the peaceful homes OF their IA
th0rs, and brave the savage Iifle and tomahawk 10
settle new country;-I say that same spirit is still
npelling our people onward the tide that commenc
ed rising and flowing West from the shores of the AT
antic, is still rolling on and can only be arrested by
the of the Pacific. Our people are already set
Ting beyondth Rocky Mountains and in few years
there will be nation OF our citizens IN that re-
gon. You need not talk of airesting this spirit it
forms noble trait in character, and it should be
provided for. The privileges granted are those OF Sc
Letting, occupying cultiyating, and paying for at the
minimum price, quarter section of Government land
securing the settler the fruits of his industry in
exclusion Of oil others II is said that these lands il
sold at public auction would bring higher price than
the minimum. This may be so in many cases; but
here again look at the matter in its true light
consider the preempion laws merely declaratory of
the custom or common law Of the settlers II you
make your public sales, and put up lands thus I'M
proved, the settler will become the purchaser at the
minimum price No will bid against him; no
honest would take from a poor man the improve
mens he had made a piece of land, and no disho-
nest man would dare to do it, Previous TO sale, all
the settlers in the district have perfect understanding
that each is to have the piece of land he lives upon
and they will 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
land. Sir, who could do il Who would dare TO do
in Whose conscience would suffer HIM to do II =
And here let answer position assumed by the
Senator from North Carolina, Mr. Mangum; he spoke
OF the bowie knife and the rife settling the question
Of pre-emption between the settlers themselves
know the Senator would not make the statement, I'M
less he believed the consequences he fears would grow
out OF such conflicts but let me assure him he is
wholly mistaken. One pre-cmptor has just as much
regard for the pre-emption right Of another he has
for the personal property Of his neighbour as the CT
tzen land holders Of the old States has for the real
estate OF others TO which he has no claim OF title or,
in other words, the occupancy and cultivation OF land
by settler secures to him the right to purchase that
land in exclusion Of every other settler etleciualy,
by the custom of the settlers, as if presumption laws
ruarded his claim. | may here be asked, why pass
IRE emption law thenl My answer Is the same That
would be given to the passage of decaratory statute
to leave no doubt on the SUBJECT IN The MIND OF any,
and to provide for possible case that might occur
While am on this point, must say one word as to
the general character of these pioneers may he par
doned for supposing that have had some oppottunl-
ties of Judging that Senators who have spoken
have not. More than twenty years of my life have
been spent on The frontier. have seen my State IN
her infancy with the faTes and largest portion OF her
territory in the possession of the Indians. have seen
her pass through the different gradations Of improve
men until she has arrived at her present high grade
in the comparison with her sisters. have seen the
first rude hut the first log cabin erected by the first
cupant of the wilds of what is the most beautiful
and highly improved portions of my State have
seen heard and conversed WITH the early settler; and
let me Senators, he is the last man that would
willingly do injustice to his country and the very first
in times Of peril TO bare his manly bosom, and nerve
his strong arm ia her defence. And although he may
he as rough and rnde his log tenement, his
heart beats with patriotic emotions for his country nc
Is warm friend kind neighbor ever hospitabc TO
strangers and still better an honest man; his power
~ and his enterprise with the hope Of lettering his
condition and providing for his family stimulate him
to leave his old friends the homes and the graves OF
those who are dear to him plunge into the wilderness