The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-06-29

bate, should they suppose them called for by tho ecca
sion.
The principal question upon which the committee
was called upon To express opinion was, whether
the nett proceeds of the sales of the public lands should
be distributed among the States IN just and eqnaoie
proportions The answer 10 this question: IN the opn
ION of the committee must be in the Affirmative ms
believed To be in accordance with the rghts
OF the States and most fully sustained by public opn-
ion. Under our form of government Congress may
in the absence of constitutional barriers, he considered
as the honored agents OF the states and people, TO
mould their will into the form OF legal enactments.
Concurrng in sentiment with public opinion, as re-
CARDS the consiitutonalty, well the expedency
Of the proposed measure the committee cannot recon-
mend too strongly 10 the favorable consideration of
the Senate Having arrived at the conclusion, that
the measure of distribution should be adopted the at
tenlon of the committee was directed 10 the form Of
the bill referred them that subject; and after
careful examination of its provisions they Of the
opinion that its main features equitable and proper
but that in points II Is susceptible of improve
ments They have therefore proposed some amend
ments among the principal OF which is which
strikes those parts of The bill which direct the OBJ
iects to which the grants and funds distributed shall
be applied by the States The committee submit that
these provisions liable to be construed into an as
sumption the part of Congress of a guardianship
the States to which the general government has
claim, and which 1t Is not necessary in this case
she should exercise if she had. The committee are
tributed shall be appropriated to be selected by the
States directly interested doubling but that in the
appropriation such objects will be selected by them
the best interest of the States and people, and their
experience shall, from time TO time, designate.
The committee have also stricken from the bill the
limitation as the time the shall continue in force
leaving that matter to the action Of subsequent Con-
gress, should the measure meet the just expectations
OF its friends and secure the appreciation OF the nation
when its operation shall have been ana felt 10y the
people, will of course remain the law of the land;
on the contrary, should the antcpaons and forebod
ings Of its opponents be realized, and public opinion
demand its repeal, it will be but the work OF day TO
pass an act for that purpose; il may not be improper
here to remark that sound policy requires that our
legislation should in all cases, assume as settled form
as pos possible. ,.o,,.., u,.,,,,,.,,
that will eectuay place the States hereafter adj
mted upon footing with the other new States
These the principal amendments that struck the
committee necessary to be made TO the form OF the
bill so far the distribution principle was concerned
The committee were instructed TO inquire into the
expectancy OF Incorporating the presumption principle
with the provisions of the BILL and after much reflection
they are of the opinion that the subjects not
incongruous but sufficiently german TO be united
in the same bill. The committee therefore, DESTROYS
of guarding the interests and consulting the wishes of
as large portion of our ellow-czens possible and
of granting the pioneers of the west such privileges
as may do them ample justice in providing and Sc
curing the nselv and families freehold homes have
proposed to amend the bill, by the incorporation in
district sections of presumption measure, which they
hope may be found to contain the necessary provisions
restrictions and limitations to TO the bona tide
actual settler who alone is entitled to consideration,
the benefit of his settlement and improvement upon
quantity of the public lands not exceeding one hun
bred and sixty acres at the minimum price, and cxcu
ding every possibility of the prescription privileges
nurng the benefit of any person other than the
tual settler. The amendment proposed it is believed,
contains some new and valuable provisions, which
may render it acceptable to who have opposed
former pre-emption laws, while its utility to the
honest settler will not be in the least impaired
The committee have noticed all the material amend
ments they proposed to the bill The proposition sub
mitted by resolutions of inquiry by Senator from
Mississippi and the Senator from Tennessee the COM
mttee have not thought proper to act definitely upon,
except the presumption principle proposed by the former
Surprising that their merits would more appropriately,
at the proper time, be brought before the Senate in
separate bills and believing that the hill for the distrbu
ton of the proceeds of the sales Of the public lands
sufficiently important in itself to exclude from it all
mendmens calculated to prevent distinct expression
its merits. The pre-. emption principle, like that of
distribution is not It has received the sane
ton of Congress repeatedly, and public opinion has
ratified the measure; hence it is believed that the
connection of the two measures cannot embarass
either The committee, therefore, report the bill with
the proposed amendments for the action of the Senate