Vermont watchman and State journal. [volume] (Montpelier, Vt.) 1836-1883, 1841-02-01

REMARKS OF MR.. PREM TlSS OF w.
On The Presumption Bal-ln Senate Jan. s.
r. Mr. Prentss said he did not intend to enter at all
into The general policy of presumption laws. lie
deemed il altogether unnecessary tn do So be-
cause that question had been discussed at great
length, and very fully, on former occasions, and
every member must have MADE up ms ninu
decisiyey upon it. His object WINS merely TO State
and bring distinctly to the notice Of the Senate,
the main narticnlars which distinguished this bill
from all other laws which had been passed upon
this subject, and which, in his opinion, rendered
it singunrly aud exceedingly Objectionable
1t was well known that he had not looked upon
pre-en,ption laws with much favor; that lie hai
been opposed to the whole system, and had uni
formIy voted against every bill of the kind, bellev-
inc. as he did that the system was wrong in prin-
chile unsound in policy, and Incompatible with
the public interest as well with every consider
alton of Justice. But il he had entertained dit
ferent opinion, and had given his assent to The
laws which had been previously passed, he could
not be prevailed upon to yield his support to
MEASURE of SO extraordinary u character as the
present one.
The first and most essential particular (snid Mr..
P) which distinguished this bill from all former
laws was that it was prospective and permanent,
holding out an invitation TO persons from all quar-
tiers of the world TO settle upon the public lands,
anu 10 endure LOT All tllilc w NoHN' nv '"''
heretofore enacted had been entirely retrospective
in their operation confined to of past settle
ment and had proiessedly held out no encourage
ment 10 future intrllsions upon the pubic domain
Mr. p wished to know whether the Senate was
prepared to depart from the policy hitherto inva-
riably acted upon, and TO carry 1t to the exraoI-
dipary extent concentrated by this bill. For one,
he must say that lie was unwilling to make the
public lands an object Of scramble and plumber,
not only by our own citizens, but by aliens and
foreigners.
Former laws have been framed in such q way
us to guard against frauds, and TO etfectuate the
proessed intention of the laws. The act OF 1850
defined what should constitute settlement. Il
required a possession by personal residence Of
the land at the time of passing the act and fo
four months next preceding. The present bill
gave the right Of pre-emption generally TO all per
sons who should inhGbit and improve The land ant
raise a log cabin hereon,' without specifying VIVA
Should amount to an iahabitancy or Improvement
or containing any Limitation as to the extent OF th'
improvement or the duration OF the lnhabitahcy
The BILL in this respect, was exrmely vague ant
indefinite and it was difficult to perceive wha
there was to prevent any one who should erect [
tempory cabin, plant perhaps rod or TWO o
ground, and camp upon it week or so, from Sc
curing to himselfa title to the exclusion OF all 9th
ers. 1t was obvious that the facilities TO irau'
would be great aud it required no uncommon
rather than bona fde actual settlers. would receiv
the principal benefits of such very liberal legisla
ton Slight acts of settlement would answer tn
purpose, and nothing would be easier than 10
capitalists men of wealth, TO plant hordes OF squat
tiers upon the public lands, one here anu anoihe
there, and in that way monopollze TO then'seive
the choicest and most valuable tracts in the whoh
eytent of the public domain. The last pre-emp
ton law which had been passed was carein
guarded in this particular. IL required from eve
~ person claiming the benefit of the law an affldn
Wit that he entered upon the land exclusively 10
his own use and heneht, and not Tor the use
benefit of any other person, ana 'hat ne iiad ~
yey or transfer it to any other person. The pref
emf bill contained no provision OF that sort, or u
deed any security whatever against abuses, 81
left the way open and unobstructed 10 the prae
,ice of the most extended fraud and Speculation
II was further TO be observed that there was Il
limitation as to the time Of payment Tor the ian
and the settler might hold and enjoy his right
il mt only for MANY wears, under credit who
interest bul il might be for an indefinite l'eriod
time. The interests of the United States were ~
properly or sufficiently secured IN severai ONT
resnects which might be mentioned but 1t WI
hardly worth while 10 go further into details:
The bill MR. p. said was "A measure, IN h
view, ola new and very extraordinary characie
Ii was not only prospective and permanent, d
most extensive in its operation. 1t covered Il
whole public domain. 1t extended TO lands 81
viewed and unsurveyed. 1t exposed the rch'
portions of any and all to be picked ana se'ec'e
10 be seized upon and taken up AT the incohs'
erable price OF dollar and a quarter an acre.
well to crafty the avarice and cupilii'y OF greet
rapacious spectators, as to satisfy the wants
the needy but hard laboring and merltor'ous CT
tivator. 1t would supersede aud put an end 10 !
whole land system a system almost coeVu W
the Government, which had been IN success
operation nearly half a century, had been test
and approved by long experience, aud the Der
fetal effects of which had been seen and ielt
all. To measure of such tremendous lmp'
involving consequences SO much at variance "
public policy, SO seriously affecting one OF
great intel ests of the country, NJ L. would feP'
he could not give his consent.