The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-08

honorable from MISSOURI mat land
tered and after the warantee obtains certificate OF
entry, this bill permits him to dispose OF the land but
OF the warrant. Every sale made under the warrant is
void but gives him the power OF dsposng OF the land
when il becomes his property would merely sugges,
10 the distinguished senator that his proposition will
authorize the heir TO the land, though II may
have been sold by the waantee after he had obtained
" BENTON. Tin his seat) Yes, sir. he can.
Mr.. SHIELDS, And that the heir can recover the
land any period Of time. although the sell the
land after il had become his property.
N!r. BENTON, (in his seat Yes, SIR
although he may sell IT, yet when he dies, his heirs may
come in and the land Is that the object may
sEHToS Il NJ 5Snoffss ,Ss oD, Mr.
follow out the words Of Mr.. Jeferson"6y n0jaggls Of
the iai0'that homestead ought TO be secured 70 the
can be taken AXE from them "by no iuxse oi Tue law
These bis words They strong, descriptive, and
emphatic. They suit the case "By no juggle Of The
vision for tho man, and for his family, we'll him
isI e. 81 ! ~ e e : g; sa'y = T5 v 8,s
sailor is We know that the issuing OF the patent makes
no difference to him. Youmay make as many provisions
about the patent as you please and they will al amount
ss
design IS to secure the benefit permanently to the soldiers
and their families.
tainly eectuaes that design as understand it do not
know but that the object excellent but then
the question after the land becomes the property Of the
warantee-his actual propertyaer he has lived on il
Tor ten years, and may lind il necessary for his
safety, and the safety OF his family to dispose oil that
land-he question 49, should you compel him TO retain
the land, and transmit i by inheritance to his family
after his death The policy may be good one; lean
not tell. twill certainly benefit the heirs. And more
than that i will compel the warrantee to reside on the
land the remainder OF his lifetime.
Mr.. DAVIS, OF Massachusetts. Mr.. President, wish
to say word on this subject. When established
land titles in this country and got clear OF what is called
DrimOgenlturP.
great fundamental doctrine and il there anything
that distinguished US from the privileged classes existing
on the other side OF the Atlantic il this leading fea
ue in our institutions II great fundamental prin
cipe Of our SYSTEM that estates should be ansmssibe
according to more equal law And probably this country
owes more OF It's prosperous condition and OF the happ
OF its people to that consideration than to any other
Now, sir this going back to the feudal principle of in
hibng against the right and prohibiting the legis-
aiure against the right OF making laws designed TO reg
ulae and make convenient the TRANSMISSION OF property
from person to another 1t is direct violation Of
that great and fundamental principle OF our institutions
Bur, sir. do not propose to discuss that point now
want to say word or two in relation TO the practical ef
feet OF adopting such principle as this If comprehend
it at ALL is added to the bill the form proposed,
not for the purpose OF making just and equitable dsr
button of the public lands among those who have served
in the army and other persons for whom il provides but
the bill gives lands to such persons may be disposed TO
where the lands are, and settle upon them That is
the character of the bill il is now developed You
propose to give lands to that class OF men and to none
others. Now, sir, you are going to reward the soldiers
who served in the war OF 1912, who are now old men,
do you expect them to pull up stakes. is termed,
and go into the country and settle these lands,
that their age condition will permit Of 1t may be
that some will 20 but is obvious that IN Tar the larger
number of the land you propose to give would OPP
crate nducement upon men thus situated TO change
their residences Therefore you make principle OF dis
elimination in this bill that substantially depnves large
portion and probably as merorious portion as any
other, from receiving any benefit whatever from IT.
The honorable senator from Missouri says that unless
the settles there he does wish him TO have the
benefit of the bill Now. sir, let say to that senator
a.. Cd lturp vhn
are in needy circumstances and nfrm health, who would
be benefited il they could convert this land into money
or if they had the privilege given them OF disposng o
this bounty Of the government In the exercise OF
LIBERAL humane, and equitable principle how can you
justify discrimination OF this sor unless we are sitting
here tor The o. passing . WS. hs po8s
posed throw encouragement whatever in the way
of the settlement Of the States, rapidly the case
will Justify, am not disposed to hold out bounties to men
10 20 there am not disposed make determinations that
odous in their character in order to induce men TO
go and settle in the new States II seems to me,
sir, without dwelling on this subject that this proposition
which is made is unjust towards large portion OF the
citizens OF this country Allow me to say that all these
measures which are proposed from ,me to tune to tram
mel and tie up the rights of individuals to whom you
gran, portion OF the soil, Indicate, in my judgment, an
unwise policy You propose to give bounty 10 the sol
ee We'll give 10 TO- h s ana a. are as 10
besow grauity man in tts manner, do u IN ib-
eral and humane way; do II in way that viii be bene
fetal 10 him What advantage is there IN throwing OBJ
staces in way OF transferring real esates OF what
IT. except TO expose the individual who takes II TO
incon venence and great expense There must come
point OF time when he dispose Of it. The more en-
barrassment and the more obstacles You throw in the
way the less valuable you make the estate 10 the ndi-
vidua Now, am for giving the bounty IN form IN
which may be useful, and TO me there can be no
objection issuing land warrants according to the prac-
ce OF the government in the very outset They issued
land warrants individuals upon whom they bestowed
the bounty and gave them the locate at their own
pleasure upon any oil the public lands that were open to
entry. Now there great convenience IN mat method
The party may hold the warrant al his own pleasure or
if his exigences require IT, he may se IT and he Is not
obliged until he does locate to take patent and pay taxes
Permit me to say that the who lives in the State oil
venience If he has 100 OF land In the West, to
devise mode by which he pay the taxes upon IT.
He is put not only to great Inconvenience, but also to
great expense to do IT, IL s one OF those things ne can
not manage with any convenience 10 himself whatever.
Ii you give him warrant authorizing him to locate
quantity of land his pleasure, where il is open to
public entry, such you designate, then he can d's
pose OF that warrant when his exGences demand 1t
when his interests require IT, II he wishes TO turn INTO
Now, what can be the objeciionto that arrangement
The honorable senator from Missouri Mr. BESTos says
the Spectators will get hold Of these warrants sup
pose they will TO certain extent; suppose this will be
the under any regulation that be adopted unless
it may be the law Of primogenure, denying to individ
uals the right transfer the land at ALL This will fol-
low necessarily II you leave to the individual after
he has got the patent then the difference betw cen the
warrant and the patent will be that you nhibt hlm
against negotiating the warant-aganst an assgnmeat
of itagans sale of that piece OF paper but when he
gets the patent, you permit him to make sale and con-
veyance of the land When he gets the patent ne ~
open to the mpositons of specuafors and II will be IN