The daily union. [volume] (Washington [D.C.]) 1845-1857, 1851-01-26


earnestly demonstrated against its continuance. III the
stem had been carried out 10 It's iul extent not
dependent treeholder-ihe owner OF his homestead
would have been ioa"a on Inc % an acre
State authorities while The burdens oil the enforce
m-nt OF the law, the execution OF police regua-
lions and the administration OF justice over the coun
Try, would have been unavoidable. The government,
becoming the landlord OF a wide spread community,
would have received in rents the prohis OF their
labor. and would have built up within the bosom OF a
Stale system with the genius OF our institutions,
the prosperity OF the settlers and thy independence OF the
Stale. ~
whole system at repudated, and return was
had 10 the simple and unconditional sales required by the
general laws on the subject VI the tendency OF those
general laws promote the harmony and best interests
both of the Union and OF the several States, no doubt is
entertained.
tend invariably to prevent the settlement Of the country
The enteprsng citizen would not buy lands under such
restriction Hewll seek the prosperity which free titles
will to him. and refuse to settle where he cannot
procure them. Such conditions have also the effect
to reaId Improvements OF country They are Testrc-
tive of lis business and its industry IT. as proposed by
this bill farm could exceed 100 acres oil land upon
branches OF industry the restriction would be found
q most serious check. In the wheat growing country
such farm. with aoper alienation OF crops. and the
necessary reservations for pasnrage and fuel would be
found small In cotton and sugar grow
ing regions the restriction would amount almost to
The effect OF conditions such as are proposed upon the
value of property also perfectly apparent Ii the State
settled under this tenure. let me ask, where would
eats area Of %e slate being into ams of
acres each, all the owners OF these aotments would
be prohibited by the law from purchasing more: The
upon the transfer would materially affect the
value OF property and prevent permanent improvements
upon II. fa#8
MIR. President, the numerous propositions recently
made to terms and conditions to tenures OF land
such as have never been presented before, give i'm
portance TO this consideration of the subject.
Now, sir, little attention to the history OF tenures IN
thon
settlement Of the country to the present time the great
struggle has been strike of all conditions to make free
the transfer OF real estate 70 prevent Its descending IN
any particular ne to make the holder OF il free to keep
dispose OF his domain at his pleasure and by methods
nearly simple those which apply to personal prop
ery Sir we have obtained our sn9res from the French
the Mexican government Now, sir, among all these
there scarcely single class that be named that was
free and untramme edscaTcey any OF them that were
unconditional tenuresand yet the government has never
req red the performance OF those conditions On the
contrary, the course OF action the part OF govern
men has been strike them OF wherever they have been
found exist Under the French tenures known seg
n,rles, there annexed most provisions The
grantee must carry his grain to be ground to the public
posi-. In one grant which have examined be was re-
quired the first Of every May, to erect maypole be
fore the house OF the principal officer OF the village he
must transfer his property without his consent.
enter into trade without permssion and from certain
kinds OF business he was forever excluded The Spanish
also contain condon. of an onerous character Many
x
o. Eng and OF pastoral life, have conditions annexed
10 similar, IN many respects, to those above named
The property cannot be transferred except BY OF
certain authorities, and upon paying fine The premises
subject under certain circumstances to be entered by
individuals for the purpose Of cultivation the cung Of
timber, and the taking OF minerals
The OF the government IN relation to these con-
ditional titles has been uniform. On the acquisition
of the territory which they extended this govern.
the purpose Of enforcing the condnons for
pose OF claiming reverson through breach OF them,
but for the purpose of srky of all the restrictions a
giving free and perfect title Whenever the seal OF the
United States has been attached patent confirming
such grants, has carried with it title absolute
conditional, and indefeasble Sir the whole course OF
the this matter has exhibited anxiety to
abolish all such conditions. and to make free and indie
pendent every who is the owner OF the soil.
The older States Of the Union have also legsa.sd for
the same purpose. Many OF them have specifically
provided by law for the abolition of every condition
that annexed to the tenure OF real estate within
their borders Thus New Work IN 7s passed an an
still more sweeping act, they provided that all the
lands in ha, State should be held in indefeasble
tate, whatever may have been the original tenure The
terms annexed The grant by the former government
The repeated action of the States on this subject exhibits
clearly how important has been always regarded. under
government, abolish every such condition. The
anxiety 10 accomplish the same great object prompted
the abolition OF the enailmen OF property SO mid was
the first action in departing from the old system OF English
law this subject that Massachusetts, in renqnshing
provided for double portion Of the estate to the eldest
son OF the proprietor This nvidous discrimination WAS
after abolished and the unrestricted descent among
all the heirs adopted in IFS stead
An examination OF the legislative acts OF the several
States OF the Union would show a constant effort,
from the earliest organization, to abolish all such cond
TONS and TO establish tree and unranmeled tenures II
may well be the policy of arbitrary and monachical gov
prescribe conditions which tend TO power
10 the few, and eventually return the property TO the
hands OF The sovereign but with US different interest
prevails. The benefit of all is found in the independent
condition OF the many in presenting the widest field Tor
industry, energy and talent TO secure It's just rewards,
and in establishing that freedom which makes the man,
in the best sense OF the word, man.
certain, Mr.. President that il senators will
slider this NATTER they will upon full investigation
to the conclusion that the land system which have
adopted here, the principles OF which II IL proposed
by this bill TO abandon. has done than almost every
They will find it, to be the parent of the great
blessings and the origin OF many of most ds,in
gushed national characteristics
In lis SIMPLE yet efficient operation II has attracted the
attention OF foreign governments, and by the liberal
minded has been regarded with admiration. More than
nation has caused its details be examined by their
represe here, with view apply the principles,
permit in the management and disposition Of their
public domain. Such examination has uniformly resulted
in the highest commentator OF the system.
IL will not do, therefore, according TO my impression OF
the matter, for US 10 renQuish H. With occasional
amendments, suggested by experience, II has stood The
test OF sixty years II has built up States; il has
aroused the energies Of this nation has entered the
wilderness and founded republics III ronghout the
country it has peopled the States with yeomanry more
independent, more industrious more prosperous, and
more bery loving than any other people existing on the
face of the earth.
few years ago. the subject of the public lands in her
provinces received the careful attention of the British
--rs ~ ~ l.