The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-08-12

which he entertained any distribution Of the pfo
ceeds Of the public lands while the country was IN
debt and bills for additional taxation pehuhg pel0ie
the Legislature.
Mr.. SMITH OF Indiana, said the amendment was
fair and honest-it made th view to defeat llc
bill and the question was simply bal or no bil drm.
button distribution
Mr. CLAY, of Alabama, said his proposit on dl
NOT 90 TO The defeat of the bill, but simply 10 make
take effect AFTER the country was out OF debt
Mr. CALHOUN spoke for some time IN favor II
the amendment in which he went into the subject u
| the finances OF the country.
i Mr. CLAY replied at some length, touching di.p
the state Of the finances denying that the bl Would
bea violation of the compromise "hieh was adjusted
| with reference TO liz passage.
/ Mr. RIVES was a member of the committee, with
which the compromise org mated, and never heard ii
the understanding that the distribution OF the lands
was contemplated in settling that act, tie should
vote against the bill, unless IL was demonstrated salts
| factony that the revenue other than that arising
from the lands adequate 10 the wants OF the Co
vernment in that case, he would give his support u
the bill. He was opposed TO this amendment.
| The debate iur her continued between Messts
CALHOUN, CLAY, Of KY, CLAY, Of Alahama
SMITH, Of Indiana, WOODBURY., WRIGHT
LINN, BUCHANAN, and WOODBRIDGE:
When the question was taken on the amendment
and decided in the negative az follows:
YEAS-Mcssrs Allen, Benton, Calhoun Clay Of
! Alabama, Cuthbert, Fulton, King, Linn, McRobcrts
Mou,on Nicholson, Pierce, Sewer, Smith, Of Con
nectcut, Tappan, Walker, Williams, Woodbury.
| Wnght-l9.
NAYS-Messrs Archer Barrow, Bates Bayard
| Berren, Choaie Clay, of Kentucky, Clayton, Dixon
Evans, Graham, Henderson, Huntington Kerr Mer
rick Miller Morehead Phelps, Porter, Prenliss,
Preston, Rves, Simmons, Smith, of Indiana, Tall
madge, White Woodbridge-27
| Mr.. CLAY Of Ala, then moved to amend the bill
by inserting in the "a section, line 10, after the word
States the words "and such sums may be paid
to any Indian tribe for the purchase OF any portion Of
the public lands, Ito be deducted from the sales prior
TO the distribution
| On this amendment The question taken with
out debate, and decided in the negaiive-Yeas u,
| Nays 26.
Mr. McROBERTS moved TO strike from the bill
that clause which prevented the grant Of preempton
rights until after the surveys shalt have been made
4 He thought the clause manifcsty unjust surveys
| might be ayed improperly.
| Mr.. SMITH, of Indiana, said it was practical
question whether settlers should be permitted TO 90
| the public lands before they were surveyed. The
House of Representatives had come 10 the conclusion
in advance that they should not. He had always
voted in favor of pre-emption laws and pre-enPlmn
claims, and was still in favor of them. He thought
/ however, there ought to be some limit The SIX
teenth section reserved by compact for the Of
schools but if il declared in advance that lands
may be settled before they surveyed the set
tier could know nothing of the sixteenth section, and
his title might conflict with the reservation, and they
would have 10 grant him float or deprive him of The
benefits of his Improvements; which he was not dis
posed to do. There was no danger of that time ever
coming when lands sufficient could not be surveyed
He favor of pre-emption rights but he did not
think they ought to 90 in advance of the public sur
! veys.
| Mr.. LINN said the whole body of Missouri had
been settled by hardy and enterprlsing band long
before the lands were thought of being surveyed il
always had been so, and always would be So and if
after hese people had settled on the public lands and
made their Improvements, any attempt was made to
put these lands up at auction, because they had not
been surveyed, it would compel these people to com
Mr.. YOUNG insisted it the first time that any
such principle had been engraiied preemp-
ton bill II preemptIon rights not TO be grant
ed until after surveys were made, there might be
ceped four organized counties in the State of Illinois
where there were thousand voters. In the
section, too, he found clause excluding aliens from
the right Of preemption-an invdious distinction,
| which had never before been made
The debate was further continued by Messrs
| SMITH of Indiana PORTER and YOUNG
Mr.. HUNTINGTON argued against the amend
ment. He said the Senator from Illinois seemed to
view the subject though the rights of other par
ties were to be considered but those of the settlers
He thought enough was done when the settler was
secured IN his pre-empon right, after the lands had
been surveyed. To strike out the clause which the
Senator had moved to do, would be at all times 10 in
vite intruders on the choicest spots Of the public lands
| in advance of The surveys.
Mr.. WOODBRIDGE thought the whole West
ought to stand by the preemption principle, and that
the public surveys should be finished with much
| rapidity possible. On the whole, however, he
thought evils might grow out of the amendment.
The question was then taken the adoption OF
this amendment, and decided in the negative Yeas
23, nays "a
| Mr.. YOUNG moved to strike out the clause which
related to the exclusion Of Aliens
| Mr., SMITH, Of Indiana, explained that the bill
simply required the alien to have filed his declaration
| of intention TO become citizen, Is required by the
naturalization laws to give him all the rights under
the bill.
The question taken the amendment, and de-
cd in tho ativa
| MIR. NICHOLSON moved to exclude the proceeds
of the sales of the vacant and unappropriated lands
the State of Tennessee, renqulshed to hat State
certain conditions.
After some remarks from Messrs CLAY, WHITE,
and NICHOLSON the question taken, and
the amendment was decided in the negative: Yeas Fl,
nays 81.
| MIR. GRAHAM moved TO amend the bill as TO
place among the deductions from the net proceeds TO
be distributed any apparently due to the United
States balances of debts growing of the trans
| actions of the Revolutionary war"
This proposition debated at some length by
Messrs GRAHAM, CALHOUN, CLAY, TAP
PAN, TALLMADGE and others, and, the ques-
ton being taken 1t decided in the affirmative,
follows
YEAS.-Messrs. Archer, Bates, Bayard, Berren,
Choate Clay, OF Ky, Clayton, Dixon, Evans, Ora
ham, Henderson, Huntington, Kerr, Merrick, Miller,
Morehead, Phelps Porter Prentiss, Preston, Rives,
Simmons, Smith of Ia, Southard Talmadge, White,
Woodbrdge-27.
NAYS-Messrs Allen, Barrow, Benton, Calhoun,
Clay, of Ala, Fulton, King, Linn, Mcltoberts, Mo-
ton, Nicholson, Pierce, Sewer, Smith, of Conn.,
Sturgeon Tappan, Walker, Williams, Woodbury.
10.
Mr. YOUNG moved to add 10 the bill additional
sections embracing the graduation prime ple and the
right OF the States the public lands when sold,
instead of allowing them TO be exempt for five yeas,
az they under the present compact.
This was debated at some length by Messrs