The Madisonian. [volume] (Washington City [D.C.]) 1837-1845, 1841-01-16
VOL. VINO. 81

wage no war against foreigners. respect them when
the;r character entities them to respect well know
ter set OF husbandmen does not exist the face of the
earth honest, industrious, economical, admirable
iudges of the SOIL the best judges of land in all the
country dcvotedly attached to their familiesthat is
the character Of our German population as have be
come acquainted with it in my own immediate neigh
borbood will not now stop to speak Of the character
of the gallant Irish, whose virtues, and will add,
whose defects Of character he virtues far overballan
cling the defects) SO well known throughout the
world am not the enemy foreigners but the opin-
ion expressed by the honorable Senator from New
York. is Of immense practical Importance; for if
am not greatly msinformed President Van Buren, owes
the vote OF one State Of this Confederacy mean the
State of Illinois, the fact of unnaturaized foreign
voting at our late election and casting their votes
for him will not, however, enter on that subject,
and have adverted to it now, merely that conclu
sion may be drawn from my silence that approve or
tolerate the doctrine advanced by the Senator from
New York here publicly express an opinion deci-
dedly opposite think that the exercise Of the cleo
tive franchise always implies citizenship though citi
zenshp does not imply the right to the exercise of the
elective franchise hold that voter, whose voice
may effect change the entire policy Of the country
may alter or subyert the Constitution and laws of the
country is component part of the political power OF
the country. hold that the power over the subject
Of naturalization has been confded by the Constitution
exclusively TO the General Government, and that no
State can constitutionaly exercise that power; and
thar, therefore, no Stale can confer those privileges
and immunities or grant those rights which proceed
from naturalization This is my opinion, and adj
vance here merely as acounterprojet to that ex-
pressed by the Senator from New York. When a
foreigner has once been naturalized rregard him
brother, as member of political community, and
as entitled with sumo few constitutional exceptions to
all the rights of native born citizens, and to the proec
ton and defence of the Government at home and
abroad but until he has renounced hts allegiance to
and Hallf IN
try, cannot and will not-and was utterly amazed
to hear the gentleman from New York express diff
ferent opinionlook upon him as incorporated in our
society," and authorized by the exercise of the elective
franchise toexert influence n.unsetlng or chang
ing our entire political policy, whilst subject of a
foreign Power he lies underal his original and native
obligations. If the contrary doctrine be admitted to
be sound one, then, has been shown by calcu-
lation which have seen, the Emperor of Russia, by
proper distribution of 1900 of his sers among the
States of this Union (if the States would have per-
mtted them to vote) might have changed the glorious,
the triumphant result othe vote of November last and
have continued those in power who, by the full deci
ded and manly expression of the public will, have
been declared unworthy to be the depositaries of it
any longer
to deal-the fearful extension now proposed to be
given to the Presumption System Wehave now had
land system in operation for upwards of forty years.
Is there any thing in the practical effect of this old
and ong-tried system which should induce us to re-
pudiate it for new, untried, and wild experiment
What have been its results It commenced, about
forty years ago or little more in of the great
Western members of the Confederacy, (the State OF
Ohio) the settlement of which took place as much az
twenty years later than in the of her sister and
neghbor, Kentucky And what is her population
now From the returns of the it is found
to amount to million and half of souls--nearly
double that of my own State although Kentucky had
preceded her by such great length of time And
we then go to Indiana, still younger sister in tbs
great family of States, shall find that she exhibits
population Of between six and seven hundred thou
| sand nearly equal to that of State which was he
predecessor in the establishment of Independent Stat
sovereignty by thirty years. will not go through
the list All the members the Senate are doubles
familiar with the returns Of the late census All hes
great and astonishing results have taken place undo
/ that system which are now asked TO change. Is
wse--isit prudents it statesmanlike toreect plal
ifvni wiiioik rI0eeodtd Suct go-czB tuss g. e
untried, and, as / believe, most hazardous expert
| ment2
What is the history of these presumption laws
They arose. think, in the first instance in the cas-
of what is called Symmcs's Grant. John Cleves Sym
mes purchased from the Government large tract o
land between the Great and Little Miami rivers, II
Ohio including the spot where Cincinnati now stands
He was unable to pay for it, but finally made com
promise with the Government, and took less amour
| Of land He had, in the mean time, sold out 10 nu
merous subpurchasers who being innocent third par
ties, and having purchased in good faith, were suppo
sed to have fair title to pre-emption for the improve
ments they had made and the farms they had opene'
to cultivation, Congress, accordingly, granted Z
them right 10 purchase from the Government thu
lands they held at the minimum price prescribed b,
law. Then came the cession of Louisiana, many 0
the occupants Of which had settled on their farm
while that Territory belonged to the Spanish and thu
French Governments under grants freely made, Will
others had entered on their lands with confidence that
hal nd
country donations of land would be obtained, totally
unaware the change of sovereignty which had pass
4 ed upon the country without consulting them The
question then arose. what ought, in equity, to be dom
in their case And the American Government came
to the conclusion that all who had thus come into pos
session of their land were equtably entitled to thu
right of presumption, which accordingly EXTENDED
i to them. Next came third case--that of the hoho
kia Kaskaskia and ST. Vincent settlers in Illinois ant
Indiana. These inhabited French villages were set
tied in cases more than century ago. and were
not drawn within the action of our land system til
about so years since These people, having settet
under like circumstances to those in Louisiana, wer
held to have claim equally equitable, and pre-empoi
was granted to them also. Thus the system stood til
i 1890 under Gen. Jackson's administration Then
for the first time introduced entirely new prin
ciple and il is that which is contained in the substitute
for this bill proposed by the Senator from Vermont
There is, however, wide difference between wha
this bill proposes and the practice introduced unde
Gen Jackson's administration.
Z The presumption laws, as altered in $780, allowed
right of presumption all settlers on the public land
from specified day. who shonld assert their rights be
fore the expiration of the law the operation of which
was limited to two years. This new principle con
timed to he periodically re-enacted till some seven
eight years ago when it encountered gallant resist
ance from friends who regret is not by my side
but who has passed from this place. and, according
public lumor is destined to more useful and highe
sphere than even that Of in this body august
Il NAV be- Great frauds and abuses detected II
, the execution of the presumption laws. Spectator
freely used them Floats especially were found to
: frought with niquity With the efficient aid of M
friend, (Mr. Ewing) succeeded in arresting, for
time, these pre-emption laws We succeeded IN put
! ting an end to special and unlawful privileges w
succeeded in restoring the principle of fair equality
the disposal of the public lands But those Interests
speculative and others, which are always awake
/, always watchful, always on the alert, to get u
interruption laws under the convenient and plau
\ sible guise of beneftting the poor, made rally i
, 1888 We were then told that not less than thirt
thousand settlers had entered the Territory of lows
The Senate was assured that these persons could nc