Weekly national intelligencer., 1851-02-01

in that upon individuals upon communities and upon Gov
ernmens and be viii admit that there connected with the
of real estate influence which, beyond almost every
thing else mouds and forms the characteristics of people,
and makes their happiness Where in its progress
did this system pass that did crush civil liberty
and establish vassaiage Where did fail elevate the
powerful few, and humble in the dust the great To
check subdue its claims to break its oppressive bonds and
the free enjoyment and Independence Of unncum
bered real property has been the great labor of modern times
The duty OF the Government, in my humble opinion IN
the disposal Of the public domain clearly marked out IL
requires sales to be made Unfortunately ALL and the
granting Of the most perfect title to the purchaser Il rejects
all embarrsssmens services, and conditions II requires the
purchaser to be endowed with the most perfect freedom from
all restraint connected with his title with the of the
sale Of his property When these sales made. and States
organized in the Territory the power of Legislation
on all subjects not yielded to the United Statesby the
sftuton vests In the State authorities No greater injustice
could be committed than to attempt to curta the free action
of the Legislature, impair the unembaased enjoyment
and transfer of property, influence the character Of their
Stae poiy by restrictive conditions the title of their
lands The undenabe duty Of administering the public do
main in reference to the States be formed by
the settlers upon them requires that the landhode shall be
the free and independent CITIZEN and that the community
shall be built up in the spirit Of true liberty.
Hitherto the general action Of the Government 10 the dis
position of the public lands has been in accordance with this
view Of the subject. Ia few instances have unortu
naey departed from these principles but in every such
the has been discovered and return speedily e
fected. Thus in the eadbearng lands Of Missouri and
q
continued for years. proved fruitful II EN-
barrassmen difficulty, and expense, and was ultimately abo
ished In the northern part Of my StateMichigan
by the action Of of the Departments, although without
the authority Of Congress- similar system put into ope
ration Before single settler had placed hsfoot upon that
peninsula of land had been sold, permits
issued for the selection Of the valuable copper mnes and long
leases with rights Of renewal granted These leases
have placed inconsidersbe part Of Michigan the hands
Of the tenanty Of the United States The manifest injustice
Of such method Of administering the public lands
parent and the evil consequences evident that the State
earnestly demonstrated against its continuance If the sys
had been carried its full extent not ndepend-
en eeholdethe of his homesteadwoud have been
found the peninsuanot Of land would have been
subject taxation under State authorities while the burdens
Of the enforcement Of the law the execution Of police regua-
ons and the administration of justice the country,
would have been unavoidable The Government becoming
the landlord Of widespread community, would have recev
ed 10 rents the profits Of their labor and would have built up
within the bosom Of State system at with the genius
Of institutions the prosperity of the settlers, and the nde
pendence Of the State
Sir, when this matter presented to Congress, the whole
system at repudiaed, and return had to the
simple and unconditional sales required by the general laws
the subject Of the tendency of those general laws 10 pro-
mote the harmony and best Interests both Of the Union and
of the several States doubt is entertained.
But again. all restrictions by conditions upon enures,
tend invariably prevent the settlement Of the country The
enepsng citizen would not buy lands under such resrc
ton. He will 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 reard i'm
provemens Of country They restrictive Of its bust
and its industry. IT. proposed by this BILL farm
could exceed 60 Of land upon branches Of in
dustry the restriction would be found most serious check
In the wheat growing country such farm, with proper al
enaon OF and the necessary reservations for Pastu
age and fuel would be found inconvenently small In cot
ton and sugargowing regions the restriction would amount
almost to prohibition.
The effect Of conditions such proposed upon the
value of property is also perfectly apparent If the State
were settled under this tenure let me ask where would the
owner Of land desiring to sell find purchaser The entire
Of the State being divided into farms of 60 each,
all the owners of these aotmens would be prohibited by the
law from purchasing The restrictions upon the
fer would materially affect the value Of property and prevent
permanent improvements upon it. .a ..@s
Mr. President the numerous propositions recently made to
terms and conditions TO enures of land such have
never been presented before, give importance to this consd
Seration of the subject
Now, sir, little attention to the history of tenures in this
country will show any that from the earliest settlement
of the country to the present time the great struggle has been
to strike off all conditions, to make free the transfer of real
estate prevent its descending any particular line, make
the holder of tree to keep dispose Of his domain at his
pleasure and by methods nearly simple those which
apply to personal property Sir have obtained ten
ures from the French Government the Spanish the British,
and recently from the Mexican Government Now sir,
among all these there is scarcely single class that be
named that free and any of them
that unconditional tenuresand yet the Government
has required the performance Of those conditions On
the contrary the of action the part Of Govern
men has been to strike them off wherever they have been
found to exist Under the French tenures known seg
nories there annexed most provisions The
grantee must carry his grain to be ground to the public MILL
He must perform certain services at the military post In
grant which have examined be required, the
first of May 10 erect maypoe before the house of the
principal officer of the village He must transfer his
property without his consent enter into trade without
permission, and from certain kinds Of business he forever
excluded The Spanish also contain conditions Of
character. Many grants in California designed originally for
the purpose of grazing and Of pastoral life have conditions
annexed to them sma in many respects, to those above
named The property cannot be transferred except by
sent Of certain authorities and upon paying fine. The pre-
misses subject under certain circumstances be entered
by individuals for the purpose Of cultivation, the culng Of
timber, and the taking Of minerals.
The course of the Government in relation to these cond
tiona titles has been uniform On the acquisition of the
territory which they extended this Government has
proceeded at to investigate themnot for the purpose of
enforcing the conditions for the purpose Of claiming
reverson through breach Of tbem but for the purpose Of
title Whenever the seal of the United States has been at
tached to patent confirming such grants has carried with
title absolute, unconditional and indefeasible Sir the
whole Of the Government in this matter has exhibited
anxiety to abolish all such conditions ard to make free
and Independent every who is the of the soil
The older States of the Union have also egated for the
purpose Many of them have specifically provided by
law for the abolition of every condition that annexed
the tenure of real estate within their borders. Thus New
York, in 1857, passed abolshing all military
And in 1880, by still more sweeping act they provided that
all the lands that State should be held ndeeasbe estate
whatever may have been the original the terms an
Al - mn