_T,W,O DOLLARS PER ANNUM, PAYABLE -IN ADVANCE. l "OFFICE T-VEST SIDE 111-IE BI-:iDG]:_._0Vi3RHOY?rts,'sT0,RE
_g L V , v ,- y . ._.... s - -°
* Volume XXI“ nontvserr, er. wEDNi3sD.lY, JANUARY 2:, 18-11. ‘number n.
43
PIT.
;
TH is NORWALK G.A ZE_'1‘ '1‘E
Is Publis/ierl
EVERY WEDNESDAY MORNING,
B Y
TAMEIS REED, JR.
TERMS OF‘ SUBSCRIPTON. —
Village and Mail Subscribers $2
w payable in advance. _
Subscribers who live out ofthe Garrier’srlistriet
and callat the Office fortl.-eirpapers, S1 50
in advance-at the end of the year. $52 00
Companies of six. or more, receiving their pa-
pers by mail,$I 50, payable in acivance.
RATES OF ADVER/risiNG.
For one square, or 16 lines. 3 weeks, $1 00
Each following insertion, 18;’;
Exec‘utor‘s and Administrator’s Notices, 1 ()0
Cornini‘ss'ioner's notices, ' — ' 1 25
Guardians’ Notices,aiid Notices of Divorce, by
_ the square. ,
Yearly advertisers, one square, $10 per annum,
payable quarterly in advance. The priv-
ilege ofyearly advertisersis liniitedto their
per annum,
_ own immediate business.
/
casual advertisements sent to this'OfIice
(‘Vi - a o .
must, to znsure mserlzon, be accompanied
bythe cash. _ .
J ob, Pirin.ting,
I or ALL KINDS,
I/IEATLY EXECUTED AT THE GAZETTE OFFICE.
DENTAL NOTICE.
OCT. A. HILL, tliaokfulforthe patronage
_ he has received in his profession during
12_ months’ past, in Norwalk, bogs leave to in-
form tne public, that he still continues a few
doors west ofthe Bridge, in Burrall’s Buildings,
where he will be happy at any time to see his
friends, and answer all their calls. in Dental
Surgery. _
Inccrruptibletecth inserted from one to a
full set. -Also, teeth cleansed, separated. ex-
tracted. &c., and all those diseases ofthe teeth
attended to, which, if suffered to continue, are
productive of so much miscliief’.
References.—Emery Bissell, M. D.: J. D.
M‘Lean, M. D.: Hon. Thomas B. Bitler;
Hon. Benjamin lsaacs. Norwalk. Nchcniiali
Perry, M. D. Ridgefieltl. R. B. Botsford. M.
D.; Doct. D. P. Knapp, Danbury. Duct.
Howell Rodgers, Colcliestcr, Ct. VVilliani
Witter, M. D. Williamantic, Ct.
November ‘Z0, 1839. 1
CABINET FURNITUR£a.
JAMES A. TINDALL
would respectfully inform the
inhabitants ofNorwalk and its
vicinity, that he has receiitly
opened a CA BINET \VAlIl§
ROOM a few doors north of
Al
intends to keep on ham! a-.,-zntmrtgl :lsstit'lti‘iet'il.
_/rijf1*‘UR.N:li'l‘URE_. maiiiif'actti-rt.-.t‘of the
4.
UC
"/ in iterials, audio the most modern style,wliicli
he will sell on reasonable terms.
Norwalk. April 27, 1840. ,.
CABINET FURNITURE.
THE subscriber, grateful for past
favors, would solicit a continuance
ofthe same. He is constantly man-
ufacturing Furniture ofall kinds, of
the best materials, and will keep on
25
hand a good assortment, not to be excelled by
-any country establishment for cheapness, dura-
bility, or workmanship.
E A good assortment of CHAIRS constantlyon.
hand, or furnished to order at the shortest notice 0
forcash. . .
_The subscriber would also. offer Cabinet
Makers in this vicinity, and in the interior, an
opportlltllly to purchase Mahogany Lumber,
such as Plank,-Board. and Veneeriug, in ex-
change for their Furniture. He will sell this
stock at New York prices, and give good prices
for Cabinet VVare. This arraugemeiit offers to
many, who do not wish to purchase to a great
amotint, a first rate opportunity of getting their
stock. and saving expense in time and money.
Call at the Cabinet VVare Room. a few rods
east ofthe Bridge. VIM. A. BARLOVV.
Norwalk. May 16, 1840. 53
OIL.
SUPERIOR winter LAMP OIL, by the.
barrel or lessquantity; Linseed t'lO.; VVhale
do. for sale by Wit, C. S'riti~:i~:'r.
WHITE LEAD.
0. 1. and Extra Lead, for sale
pl WM. C. STILI-!l<2T.
IQ‘-Y GROCERIES.
JUST RECEIYED.
TI-IE Subscriber has on hand an
eflensive assortment of choice Gro-
. eries for families, which were pur-
lowest cash prices, which enables
him to co I te with any other establishment.
and to sell his goods very cheap for ready pay.
Old customers as well as the public generally,
will find it to their advantage to drop in satisfy
themselves. EDWIN LOCKWOOD.
0
Norwalk. May é7.i'1840. 23
FAMILIY GR OCER Y.
THE subscriber would inform his
friends, and the publicgenerally,that
he keepsconstantly on harid. 31 We
‘T " store3 doors north ofthe mlliia £000
a ssortinent of the best of FAMILY GROCE-
RIES, which he will sell on the most reasonable
terms. In his assortment may be found tne
following articles: Loaf. white and brown Ha-
vana, St. Croix, Porto Rico. and New Orleans
Sugar’; St. Croiz. Porto Rico, New Orleans.
and sugar-house Molasses;-hyson, youtig hysort.
" souchong and pnuchong Teas ; old Java.'Lagui-
ra, Cuba, and Porto Rico Coffee; wheat and
rye Flour; Corn Meal, Pilot Bread, soda bis-
cuit. butter and sugar crack s, rice, pork and
beef hams. mess and prime pork, dry and pick-
‘-ed Cod. mackerel. herrings, sotinds and tongues,
butler. cheese, lard, soap, sperm and jallow
candles, salt, starch, indigo. pepper, pimento,
nutmegs.cinnamon, cloves, mace, cit_ron, gin-
ger, dried currants, raisins, "pea nuts, almonds,
filberts, brazil ‘nuts. figs, prunes, tarnarintls, or-
auges,dlem<-iqs, lgoney,1.pepper satuce,dswpet oil,
po an pear as es,sa era us, cu an u to.
bacco, snuff, segars, shoe brushes, scrubbln§tlo.,
brooms, wrapping and writing paper, water
pails. sand, and all other articles usually found
in a grocery establishment.
4G0ULD D. JENNINGS.
Norwalk. May. 18 0'.
UG.-LR. LOAF‘ TOVl'}-—.srria_ill size, for
sale cheap. Enquire at this of-‘flee, ,_
THURSDAY, Jan. 7, 1841.
The order of the day being the bill to estab-
lish a permanent prospective pre-emption sys-
tem in favor ofsettlérs on the public lands who
shall inhabit and cultivate the same and raise
a log cabin thereon ; and the question being on
the following amendment offered by Mr. Pren-
tiss. of Vermont, as a substitute for the whole
bill:
‘ Strike ctit all after the enacting clause, and
insert the following: 'I‘ha:~everv actual settler
on any of the public lands to \\-'lll('ll the Itidian
title has been cxiciignislicd, cxct-pt such as are
hcreiiiafter reserved, being the head ofa family.
or over twenty-one years of age, who was in
possession and a ll()llSeliE‘6‘.,)Et‘, by personal resi-
dence tlzcrcon, at the time ofthe passing of this
act, and for four months next pl'f3Cf‘(‘(llll§1. shall
be entitled to .'i pre-emption in the piirclittse ofthe
land so settled upon, not exceeding one quarter
section,at the lllllll[I]UT1l’,i/l‘l(.'C established by law.’
Mr. Iliuttirigloit addressed the Senate, in
substance as follows: '
It is no pf-ll‘lZ of my present purpose to dis-
cuss, at much length, the gt llf.'l't'tl suhjcct of
the pre-emption laws ofthe United__Stat«~s.—
There are two reasons which dt-ter me from
‘such a discussion. One is, that the indica-
tions are quite apparent that a inujority ofthe
Senate will sustain the policy of these laws
in some form; and the other is, that the sub-
ject has been so often and so recently the to-
pic of debate here, that it caiitiot be expected
that much, if any thing, which is new or im-
portant appertaining to it, can be suggested.
I wish, however. to call the attention of the
Senatc——-of the friends as well as of the op
ponents ofpi'e—em ption laws——to the peculiar,
and,I ‘think, C.\ilZl't‘tO1‘(lllltll‘_V provisions con-
tained in the bill before us; provisions which,
when tti‘idcrstood,'I cannot believe will he
adopted by this hotly. _
_That this bill, in its present shape, is an
c.7:Zc2i.si0n of the pre-emption system; that it
introdticcs new principles, gives greater fa-
cilities, and holds out new encoui'ageme ts
to the settlers on the public lands, is not de-
nied. Indeed, the latter object is apparent
on the face of the bill, and avowed in Llcl)Lt't9.
That it will, in effect, produce an entire rev-
olution in otir whole system relating to the
public lands; that it is unjust to the States
collectively, and impoiitic, l[1f‘.Xp€Cll|;‘l'lI, and
fraught with serious niischicf, I have no
doubt; and Ipropose to exarnine the several
sections of the bill’ with the view of sustain-
ing the opinionjust t?Xpl‘<.’SSt‘l.l. ---._.
l’l{OSP'EC'1‘lVE PRE-EM PTION BSLL. | desirable that such an ’(t"7?.I?i'77L2.f(,’/.l0l.llt‘l‘ should
I
be made? Is it good policy to encourage
ct.-cry rlescripliori of persons to become pro-
prietors of,our soil, and to remain such (when
aliens) as long as they please to continue the
subjects of foreign Powcril Does this coin-
port with that policy which seeks to perpet-
'uate our free institutions’! or with that wis-
dom which would encourage only the hon
est, "virtuous, and industriotis to become own-
ers of lands in the nation ? But this bill is
notconfinod, as was the act of i838, to ll,t‘El(lS
of families and adults. It allows widows,
and single men over the age of eighteen
years, to participate in its benefits. It in-
vites the youth of eighteen, who is under
paternal care and -a’iitlioi‘it_v. whose duties to
his parents have not ccascd,and who is lcgaly
ii'icoinpt-tciit to make valid contracts, (except
in a few cast-~s,) to become a settler on the
public lands; to leave the service and pro
tcction of his father, and selectfor /i'i7izst-lfti
portion of the public property, and obtain ti
pre-emption right in it. Can such :1 sepa-
ration of parent and child be (lt?'€mC(l expedi-
cut? Ought encouragement to be given to
such a class of settlers ? .
Such are the personal ql.l£lllflt‘t‘tll0t']S of the
settler required by this act. I will now call
the attention ofthe Senate to the acts to he
done by him to secure to him its -privileges.
It is.only necessary that he SllOlJlI.l “ iniikc ii
s+.'ttlemcrit,” “inhabit and iinpi'ove” the lrznd,
“and raise a log cabin or other dwelling
thereon.” This language is very indefinite-.
No clear, precise nicaning is given to the
words settlement, inhabitancy, improvement,
log cabins, or other dwelling. It is certain-
tyopen to the construction, even ifit will not
ndmit of any other, that the sliglitcst improve-
ment, the ft‘-uilcst tenement, the shortest occu-
pnncy, will suffice. The bill does not pro-
vide what shall he the nature or the extent of
the improveineiit, what the dwelling, or how
long it shall be lt‘il1‘Jl)llt’(l, to coiifer the priv-
ileges sec ti red by it. The occupant may im-
prove 5‘. foot of the laiit'l—n’iay cut down :1
single trc-.e——-cl:-at‘ a few buslics—bnild a rod
of f,cnce—-crt-ct the sliglitest possible dwell-
ing, not largei‘ than is S!7.lIl(‘lt_'l’|t to contain
his pt-zi‘soii-—’rcniaiii on the land for it short
time only—t-:ntct‘ing upon it with the risiiig
stin, and departing from it when it. sets, and
then claim the benefit of pre-emption. lie
is not, by the words of‘ the act, required to
malte a borirtfrle settlement and improvement.
Vlfholly tliffei'crit was the law of 1838 in this
respect. T/tat provided that the settler sliotild
-3-.;......_ti..:._tmni=.=.Lv-of'. his !1lll‘[1QSt'_,____i_l_l_e_Slll-
The bill is p-rosgieczivc in its operations.--
sz.-curit_v ofthe
has settled. In this respect,‘ it differs front
former pre-emption laws. T/l(3]/ were in-
tended to give the industrious and enterpris-
ing settler the fruit ofhis labor and industry,
already bestowed on the public lands, by al-
lowing him the privilege ofprc-cinptiun. The
act of 1838 confined its benefits to the actual
scttler ofthese lands, who was in possession,
by personal residence on the land, atthe time
ofthe passage ofthe act, and for fotir months
next precceding. Security, in the form of
pre-emption; for settlements and improve-
ments ali'eudy mode, was the dcsign of that
and the previous acts. This bill provides
for a class of settlers. It holds otit encour-
agcmcnts to enter upon be public lands
without right or title. It declares that the
persons described in it\ “cc/10 s/tall ma./lie (L
settlement,” S-:c., shall be entitlt-:~d to a prior-
ity in the purchase. It invites to unlawful
entries tipon the public domain. It OfI€l‘S
indticcincnts to coznriiit l.l‘e$Spf1SSt’S upon the
property of the nation. It says to the settler,
in advance, that he shall be secured in the
pre-emption right '.o'lands to which he has
not the shadow of a legal equitable claim,
if he will enter upon them. It is a procla-
mation by the Congress ofthe United States,
proposing not -merely protection to those who
are already settlers, but containing an invita-
tion to the people of all nations to become
intruders upon the public lands, and offering
to secure to them the emjoyinent of the
fruits of their tresspass. Why should there
be such a departure from the principle a-
dopted in former pre-emption laws? Why
should the legislation of Congress be iii-
voked to encourage violations of its laws, un-
lawful entries upon, and continued posses-
sion of its property ? \Viiy should a gener-
al request be made to settle down upon the
best ofthe lands ofthe United States ? Has
a law holding otitsuch induceinents the satie-
tion of any just or equitable principle? Or
can it be defended on the ground of general
expediency or publicpolicy?
But to whom is this invitation given ? W/in
arelto be the objects of the bounty of the
Government? Who may claim the benefit
of this pre-emption law? The answer to
these questions may be given bylooking to
the personal qualifications required of the
settler. and the acts which it is necessary for
him to perform. iBy the law of 1838, he
tnust be the head of-.1 family, 0l‘.0\-‘Gt’ twen-
ty-one years ofagc, and a housekeeper. He
must be an actual settler, in possession by
personal residence. By the proposed act, the
settlcr must be a white person, the head of it
faniily, or a widow, or a single man over
the age of eighteen years; he must make a
settlement, inhabit ‘ and improve the land,
and raise a log cabin or other dwellings
thereon. To all such, from every quarter
of the globe, whether aliens or citizens, and
without reference to character; whether they
owe allegiance to this or some otliercountry,
whether favorably disposed or hostile to our
-free ‘institutions; whether good or_ bad
babitants; to all,‘-iridiscriminately, is the in-
vitationgiven. to become freeholders and
. owners of real estate in this country. ' Is it
This furnished" some security that
his design was not speculation in the public
lands for his own benefit, or for others; not
a fraud upon the equity of the pre-emption
law; not a mere noiriinal iinprovemcnt; of
the land and a temporary settlement upon it.
Under that law, he could not come and go
in :1 night; erect a building which would per-
-ish in less than :1 week; make a more show
of residence and iinprovemcnt, and then claim
the pre-emption. He was to have :1 fsimily,
or be over twenty-one years of age; a house-
keeper; an aclizat’ settler, and this for at
least four months,and down to the passage of
the act. If this is somewhat indefinite, it is
uitich less so than the pl‘O]1OS(-‘Cl act. It pro-
vided some test of honesty and sincerity, and,
perhaps, practically furnished, in most cases,
adequate security that the settlement was
made in good faith. It excludes minors; it
.tl€llll(°.1' broke up, nor held otit inducements
to destroy, the rclaition of parent and child,
and its legal consequences. It was the
lioiisekceper only for whom provisions was
made, and such a person. it will he expected,
would have a"comft)i‘t-able dwelling, and the
time of his residence was required to be four
months-.1‘. least, that it might appear that he
was not a mere sojourner, but that his resi-
dence was intended to be perniunent. The bill
under consideration contains no such salutary
provisions. Itopensa wide door to fraudulent
settlements, &. to the perversion of that equity
on which, it is alleged. all pre-emption laws
rest, and by reason of which supposed equity
such laws have found advocates and I"riends.
I/Vliat necessity exists for this unusually loose
legislation? \Vliy should encouragement
be given to fraudulent settlersil V'l7hut reas-
on can be urged sufficient to justify a law
which in its OpCl‘£_lilOl'l, will benefit mainly
the spcculator and rich man? Why should
those who wish to force, more rapidly than‘
heretofore, the scttlemcnt of the new States,
and to-increase, ‘in :1 still greater ratio, their
iitiinbers, cfoiintenance a project which, so
far from securing to them an industrious and
permanent population, holds out induce-
becomc _citizt1ns and residents, but to use the
lawfor the purpose of speculation, and to add
to their already overgrown wealth?
The Senate will thus perceive ’ll'Im are the
special objects of the bounty of the Govern-
ment, and what acts are required of them to
entitle them to receive it. It will be seen
that the class is exceedingly numerous, and
little else than what, is ttintamotint to a de-
wzantd ofthe boon is reqiiircd as a prelimina-
ry to its receipt. But of colic! land is the
settler entitled to the pre-emption .7 To what
portions ofthe public-land is heyconfined ?—
It would seem reasonable that‘ his right
should extend, in ordinary cases, only to t_
quartersection on which he has settled : for
his equity arises out of the fact that he has
settled tipon and improved theland,and tlicre
erected his dwelling. The law of pre-emp-
tion is founded on the assumed principlethat
it would be unjust to take from an honest
and meritorious settler the fruits ofhis indus-
try. To protect him, therefore, in the enjoy-
_ ccrity of his act of settlernent, the /i0'ri.tt',/’I7iZc.-.-“
It <l0€S 00! l00l< tnvrely i0 ll?” 1151“?-l1l'3.Q"-’ and . of his intensioii, by his being'eitliei' the lit‘:t(l
settler. who has gone alI'e:t(ly lofa family, or ovei'*.wenty-one years of age,
on the public lands, in goodlfuith, and lhadtflland also a h0u5e_](eepc,-, by pm-son,-,1|_V ye-
liis iiriproveiiieiits, and who is still lIilel'€‘,lsiding on the land at the time, and at least
with the intention of becoming a permanent four months next preceeding the passage of
resident, and a citizen of the State where he «the, act,
oftle law, which gives him’ priority in the
puryliase,‘ He should, of course, uiiless
stroig reasons exist for an exception in nar-
ticu,.«tt‘ ctises,,be1‘cstricted in the riglit to
the property on which that labor has been
bcshwcd. And sticli was the law of 1838.
l3u_ti‘n the provisions of this bill no such re-
stric ion is to he found. The settler is eti-
title “to it pre-emption in the purchase ofa
r]ua._:tz'l_7/ of r/ic public land not exceeding one
qua -{er section, in legal subdivisions,” &c.-—
He iced not confine. liiinselfto any portion
of tie: on which he has nizide a settlement,
pro _'.,tl-.‘:d he can find any public land, in any
Stall or Territory, which is open to pre-
cmpiion He may ti’nvei‘se the whole lVt-st-
ern lOl.ll‘iil‘_‘,’. select the lJtSl.qll.'.1l‘iCl' section
liecrn firid which not preoccupir-d or re-
SLrt't'--,_;T.l,’:it,:~_.d,_i;~__ the subject of pre-emption, and,
l1l'1£lv[‘l" color an-‘l by vii"uc of his settlcmciit
on ojl-‘tel’ lanrl, claim the pre eruption riglit.—
Noris he cxprt-ssly limited, in his selection,
to pit‘-ulic lands to which t-he Indian title has
livery‘extingnislietl, or which have L-(‘en stir-
vey-.l. If no SLil‘\-‘t:‘:v‘ of it has been iii.-itle, $5
per ips if the liidinn title,is still oiitstaiidirig,
l1C -_i1yscttle upoii it. The bill pi‘ov,idt-.-.~:
illitl-file settler “who shall rnuke 11 settlement
0t1:t?‘_v ofthe. public lands to which the In-
di-.in;7.itlc has lit-‘t'll or shall be e:r.’iii_.e7nT.s'/icrl.
\Vll(‘l.l!f‘l‘ the some he stiiwcyed or not." shall
be c-ntitlvd, 3:0. The laiigti.i<_re is not, (as
(it shtiiiltl he.) to which the Indian ti-
tlc shall have been extinguished tit the time
ol such scttlcincnt. ’l'his would confine him
to such lands. And this wasthc law of 1838.
ltdeclarcd that no right ofpi‘e-einptiotishould
accrue to any persons in consequence ofuiiy
settlement or iiiiprovcments made bi-fore lllf’
extiiijiiislinicnt of the Indian title to_the land
on \\‘l'.‘.lCll such si>ttlt.-merit or ll’lipl‘()Vt-‘l‘.l(“Di
was ‘.«‘flFttIltT‘;
such :2 limitation is too ohvioiis to l'(-‘C]llll‘t;‘ ar-
Q’tlmf.‘:lll.. It cannot be thoiiglit cxpcdiciit to
confer on these settlers or intruders the priv-
tilege ofgoiiig on your choicest ldll'.lS, wliicli
And the policy and justice of‘
sixty. acres. Combinatitns of pwsons, ‘in
any nuiiibcrs may be fornzed,‘ for the very
purpose of acquiring the prior right-of pur-
chase of this quantity. Eluiitlreds may as-
sociate ,fi'otn every nation upoii the t-'-tll'l.l'l,
enter upon the Stllllc qtiartci‘ section, crt cl (1
building just StlfIlClt"nl. to l‘l0l=l their pt-rsons.
improve the smallest: portion of their land,
and for the shortest time, and then each has
:i lawful claim to what is equal to :1 qtiarter
section. This‘ would indeed give an iiiclio-
ate right to ii very large quantity of the pub-
lic lands. It would Spl‘,t‘i".Cl ovci' l(I1ll'lt'l!Se
tract of national domain the beiieficiul lieu
of pre-emptionll It would look it up from
the enterprise cfothers. It would secure it,
for a limited period, from the claims of all
others, It miglit, ifcarried to its cxtretiie
limits. bind most of the valtiriblc lands of
the United States, which are subject to the
opcmtioii of the bill, with the strong cord of
pi'c-crn_ritioi'i, and which no law could brciik.
And will the Senate adopt ti ineasure pro-
dticing sticli results? ‘will they opcu the
public l2:iir..'s to odvi:iittirei‘s of any arid cvr-.i'y
L'll21l':l(‘it’l', from t-vi-iy portion of the world.
and allow l.llt;‘lll to unite in iiialtiiig a f'i':it'itl-
ubnt :"t‘lIlt'l'llt'l’ll, and obtain; as the fruits of
it, 8 (ll!dl‘tt*t‘ section for t-.-icli '2 Do our ‘i"v't-st-
crn fi‘it_=nds tlesirc siich privileges to be giv-
en, iiidiscritniiiately, to those who choose to
avail llieiii:-elves of them? \l'ill this givi-
to the new State it llt‘21llll\-’, sound, industri-
otis, and p"l'[Il3l’lt-‘Pit population? ls this for
the benefit of the poor than who st-3el:s a
home in the Fat‘ “"4-‘st, build;-i his log: Cttlill)
iniprovcs. the ground, and in good faith in-
it'llflS to becoinc J. pci‘iii:iiieut st-ttler?
This bill is open liowcvcr, to objections
even of a more serious and iiiipoit.-iiit char-
,:ictt-r than at‘._\-' wliicli have l)-_-cri rnciitioiied.
It iiiuy be (lOUl'.‘~lt'fl ivlictlicr the cxciiiption
from the i'\p(?l";‘IllOll of the bill of lands “to-
scrvi-.d and appi'opt'iatctl” is st.iflicieiitly ex-
plicit iiiid ti'0tiip't'clit-nsive to t‘t--ucli portions
ofthe public lands which ought iiot to be
are ii-it st.-bjvct to sale, and pi'cocciip_ving the
hvst qll:tl‘lB|‘ sections, and thus 7lr‘(]tlll‘lt'lg' tho
rigt of pic-eniptioii. But this bill may bk‘ so
(toiistitictl as to give this pri\'il«"'gi=, provided
he lndi.-in title sh:_ill be cxtiiigiiiisctl at any
time diiring the continuance ofthe pre-emp-
tion tiglst. ‘
'I‘l.';‘s bill coi'ifci's otlicr benefits than those
\vhit‘l:» have lI';‘t'll inentioried. It gives tlic
S(fillt.‘l' liberty to riiiilie his improvcnit.-nt’arid
S(;‘l.l.lt‘it’:t'lll on different qu:ii‘tet"sct:tions. and
in such case allows him to “ iiizikc choice of
ghc or he will t' ’t
.;ir'l‘i -~'-it l.‘(_"r'J! so )f. ivtsion,”
.I1IiIll?ll. it 'ji0t‘\'-:‘i‘
to tl~.~.-. -“"5?-l.‘,'._-' of U9.l‘it‘l‘S.
lit‘l'C :~ii ! and wliat opportuiiity is ‘.tlli)rd-
ed to Q':l'll1 priority in the purchase of the
best of the public lands! The settler may.
if be please, erect his dwelling on cliffc-reiit
quarter sections. He may selectthose wliicli
are pai‘tictil-.trly valuable in quality, or vrliicli
possess importatit water privileges or adv;-in-
t-ages. They may be contiguous to catch
other in dilll-reiit quarter sections. And
when the Pt”l'lOL'l arrives that his pre-emption
right is to be p‘6l'fCt."lt-.‘(l, he tony select an en-
tire quarter section, or inits of eaclil, shut
out all others during‘ the time allowed hitn
to malte the purchase, and thus gain priori-
ty as to one q:tc.rtct' section, 01‘ to portions of
two, at his election. Can any good reason
be given for sticli a liccns‘c as this? Vt-lliy
should he lie zillcwcd to settle on ntljoiiiing
qiiurter S(’t’?‘;lUDS, and then avail himself of
the peculiar [.‘l'l\'ll(‘g't'S of both, to the cxt'lt.i-
sioii of other equally meritorious settlers?
This bill also gives in one event, the pre-
emption in more than one hundred and six-
ty acres. For although, in the first section,
it provides that the settler shall be limited to
st.iliject to its provisions I tll"t1l} such re-
S:‘l‘\'2‘lllt)l'lS to lndi-ans l‘y trmity stipulations
,;.-is liuve been since pui'cl'iusc-l of tlicir. by the
,iUuitctl Stritcs, rim! '.\‘ltlt:~ll I am lilli.‘.l’ITlt‘(.l,
'0.'lil,tl‘;1t‘.C‘. some of the roost valtizible of our
lands. \'\’lictl’ici‘ ull t':iCsc lands are l‘t”'Sé‘t‘V-
t-~.l from sale by uctof Ct‘)Dg‘i‘t’SS, or by ordt-.r
‘of the I’i't'si-ift-tit, or l‘::l\’..‘ been appi'«.ipi'iatt-tl
for some purpose, I do not l-:now. I iiivite
lthe nttciitioii of SL‘ll-Il‘.0l'S wlio are liett:-i":ic.-:
qii.~iii'i_tt»,-tl with this part of ill-.‘ subj. ct tliun I
an’: to this provi.-sit.-ii in the bill.
lS(;‘l.il»';'lI:'.l‘t’S ‘iii.~i.:il-3 foi':h.». soft: l=iit'l‘iosi- of hen-
lvfitiiig §pt‘('tll:lit'll'S ltllil ricli int-ti. ‘-.‘-.'liiic its
lpassaigc is !:l‘g'(’f.l lioiig :1 l't‘.‘lSO.'li'tl)l{‘. and
‘just provision for i)0DJ. fidc st=ttl<~-i*s——-as cit-
ct)tti‘i'iQ'iiig the growth and pi'ospci'ity of the
ill(-‘\\-' States, and thus hciieficial to the whole
Uiiion—its provisions‘ are not confined to
such persons, nor so drawn as to produce
such results. If it should becoinc a law,
st-ttlers upon the public laiitls may avail
thciiiselves of it without any lI)’.Ollll_Ol'l of he-.
coniiug pcrmiint-nt residents. Speculators
and men of wealth ‘may ciiiploy any number
of persons to go upon these lands, who shall
have the qii.-ilificatinris and perform the acts
required by the bill, and obtain all the bene-
fits ofthe pre-emption system. hlcre intru-
ders and such mcii, citizt-ns ofotlicr States,
may coinhinc to give the lnttei‘ the privileges
iiitt-iirlcd soloy for the foruicr, and the public
lands thus become the prey ofthe Sl')PC'.lltllOl'
itistcntl of being the home of the industrious
scttlci'. No questions are zislcetl as to the iti-
/tention and motives with whicli a settleniciit
is made; no 1'-iiqiiiry is to be instituted with
t‘€f<‘.'l‘l'(‘ll(‘.€‘ to the qttcstion wlictlicr tlic settler
whole frzictioii. It will be seen that there
the quantity cannot be had entire; and ofl
course nothing to prevent, in such cases, nnl
entry in fraction; and in case of excess, a
right to more than a quarter section.
rcasoti: for confei'i'ing such a privilege.
extraoi‘dii'iai'y pi'ivilcgc is conft-i'i'ed by this;
bill on the settlers on the" public lands. By;
the law of ISS , it was enactcd_tlit'it Wilt-‘l‘t:l
otie‘quartei' section. each should‘ have an e-;
qual
any other land by virtue of that act.
policy ofthis provision is quite. obvious.
justice is equally nppireiit. By the prcscriti
merits mainly to such as have nointcntion to_| hill, iftwo or more persons shall have sct- l person 01‘ persons at any
tled on the some quartet‘ section, it soall bcl
divided between them, and the (lcficiency
made up to each out of the contiiiguous vu—l
cant ground, excluding, liowever, from that
benefit of this provision at wilful intruder on?
the known claim of another. It will be
seen that the pre-eruption right to what is e-
quivalent to a \\'ll0lO qutirter section attaches
in favor of each settler, where there is more
than one, on the same quartet‘ section; and
it is to be rerrieinhereti that there is no pro-
hibition to an amicable S(‘,tl.'lemt’.,l'lt anti’ ini-
provement, by tivoor more of the stiixir-. I
now ask the attention of the St-iiate to the
conscquonces which may follow from the ti-
doption of this provision, especially when
taken in connexion with other provisions to
which I have ndvertcd. Any number ofin-
dividuals may associate to iinprovethe same
quarter section. The head ofa family who
has several sons over eighteen years of age
may put them on such a scetion, and obtain
for himself. through them, or they may obj-
ment ofthe product of his labor is the design
the 4th sccvti-on; that where this quantity can»,
be tt-mporary, and to enable another to enjoy
Vlfill the Senate adopt such a prin-
lVill its in
corporation into our land system iiici‘easc
is no proliihition to settling on a tract, where i the wealth, the population, the l'(‘SOul’C(‘S of"
any of the new States ? Will it be just to
honest settlers, or to the States collectively?
The framers of the act of 1838 provided
land which lie claiinrd in liiscwn right and
exclusively for his own Lisa and ht-tit-ft; that.
he h';itl not. directly or lllL'lll't'Cll_V, made any
with any person or pt-‘l'S0t‘.S by which the ti-
the land or title to any
subsequent time;
making false swe:ii"ng in the premises per-
jury, nnd working ii-forfcittire of the money
paid for the land, and declaring all grants or
conveyances made in puts-uiiiice of any such
nqrceiiient or cbntrzict void, except in the
hands ofa purchriser in good faith, for a val-
uable consideration, without notice. Sticli
wasthe guard thrown round tht=Governincnt
and honest settlers, to protect both ngaiiist
these fraudulent settlements. No such pro-
tection, nor any other. is tifiordcd by this bill.
if it rsliould pass in its present form, settle-
con vcy or transfer
linents may be made, not "for the use and hen-
fit ofthose who make them, but for those
who have no other interest in the land than
to make gains by the sale of it at an advanced
price,-and who are to be encouraged in such
speculations by being invested by the Gov-
euiption. Surely su:/z log cabin setters have
no peculiar claims upon the bounty or to the
favor of Con'gi'ess."
To these objections .to the bill is to be ad
min for l.l'16l'l'I8e_l\'€S, each, one hundred and’
, .
deda-nether. ' Every question arising undei.
ernmcnt of the United States with the pre- -
win? both "of no and of rm, ..,,.,ci,,.,,_,'
tiit fthis law, the proof: of set-
tlement and improvt-mcnt, and all questions
in relationito pre-emption claims, or between
claimants to the same quartet‘-section, are
to be settled summarily and definitely,
the ragistet‘ and receiver of the dig.-lie;
agreeably to the rules which mav be p-rel
scribed by and under the direction of the
Commissioner of the General Land Office.
No judical tribunalis to hear and determine
these questions. Nocourt is toponsn-ue.-and
declare the law, and no jtirv is to passlupoii
the facts. The register and i'e='ct-iver are to
proceed. suiiimarily, and tlccidi2"filii2i‘llv__’
Ouglit such a power as this to‘he'vé.-stéd
where this bill proposes to place it? i
)Oll_f__7l)l. not the rules which are to govern in-
lthe dcterniii:/tioii of the many and various
POIDIS \‘.-'IlICll Will l’l(-‘.Cf"SSn]‘].ly arise undep
such :1 law, to be est:-iblisln-tl by Coinm-955 ,?
At lt»-ast, would it not be prudentio riinlr: some
s:<‘ttct‘:1i rcgtilatioris, which would reach most
ofthe cases which would require to be. set-
tied? Orgsliould not the power to make
riilcs on the subject (if give-11' to any. Execui;
tivc ol‘iit-er) be vested directlv in the Sccrcta=
' ry of the 'l‘:'easui‘y, to whose departirierit the
tt(lI‘tlll‘ilSil'ttllt')ll of the public lands belongs, on
on whom. rather than on any other individl
tizil, tho‘ rt-spoiisibility of p:t'SSlllg‘”StlCll reg-
ulations ongli to rest? - ~ = ' " '
This bill also provit.lt~s for it jicrnidrieni
D!‘c-vmption sys'em. It is to continue until
i'cpr-all-cl or modified by further ]t~«_rislat_ion,
It is not, like the act of 1838, limited to two
year-3. It°dov‘s not expire by its own limi.
tation, but it requires the action ofCori‘grcss
to repeal it,‘.if it should be asct-i'tainetl,' '
ex, :.—::'ic-iicc, to he productiveof l'lllSl‘l”llf3'f._ -\Vliy
,should we abandon, in llllS‘l‘(5Sp('C:l.' the path
in:irl.'t:-d out by our prctlct‘cssoi's? Es c-
cizilly, wli_v slioull we niaire such it bill as
this, containing so lll:tll_‘,-' novel provisions, 6:
wliit-ii is it new and Lltlll'lt’(.l experiment in our
landsystem,pcrmtiiient as wcl l as prospective?
I have thus, lili‘. I’i'csi..lciit, referred brief-
ly to the provisioiis of the bill now "under
,p‘0tlSl-.lL‘l'l1llOn. it is :1 bill creating a prospect'-
{iv-.:= _pi'c-t.-inptioii S_‘,‘Slt3tll; it encottrugcs in‘-
.t:':i.-:io:is on the public lands in advance, and
lJ.('iitl:5 out iiitlticenwiits to pt;-rsoiis to become
‘,S‘r,‘tllt.‘t‘S-tl;')till the public douiain without right
"and t'tj,‘1-llllit law; it gives the pre-emption
i_t'l_Qill. to minors ltS well :is adults, to alit-ns as
,'wcll as citipciis, to thc sul:.jccts of a foreign
;Prii;ct~, owing lino .ollt_-giriiice, as well as to
lmtt‘ “§tll_\'C. or nilllmlliltLl_ClllZr3l'1S; it. invites
‘ ,_£;t -?aao..L-.‘£._4...£ :>T—-L.I“'Ir*.'.' Hi ’‘i'‘'‘-‘-'-' HI-N’-‘—"~;'\v--—£l;-2--4:.1T!‘?'-3"?"3_,‘-TI:-IT: :1” F,_~‘,C‘1’ “'.,'Lh(-,u[- rcspcct
ll not pl‘tE’]ll(llClZ-il’l it cvc-ii lZ't’Olt’SS to oiloru, uizv 5‘-.“Clll'll‘. l.lgf“.lil5i e t"(V,|l)l'll."‘_" to lm,-_.,,,-_.,,. .-,,;,3,,,.1L._m,SOjou,. So” . ;,_
I . -- -- - . . - ' ‘ ' I ' y
l't’_:('jllll:'f‘S, pt-_i'h:ips, only the form and shape
,0! .1: t.-.vclting to be erected, ltlip'r0t'('i1ion[ofa
,sni:i l portion of the land, 21 residr-rice of :1
jlciy hours only, to entitle the settler to the
-pi‘iority, of ti ptirclinse; and of land other
,tli:in the qiirtru-t‘-scctioti on which he has
'st_-ttlctl , and possibly of land to which the In-
pliuti title may not have been extin_
gtiislicd at the tune of the sct‘t'temcnt; it
gives him the important privilnge of select. ,
ing portioiis of two flllitl'it}r-‘sections under
'C(3l‘idlt'l ('ll‘CUmSlftl‘.C(“S, ‘and of more than one
hundred and sixty acres in specified cases;
tit confers the right of pre-ciitption to one
"iiundrt~d and sixty aci‘_cs on cacti one of anv
‘number, however grettt who may settle
on the same quartet‘-section, it is doubtful
, wlit-thcr valuable lands are cxciiipted from its
lopcmtioti, to which it ought not to applv; it
-.ufl'ords no security agaiiist frriiidulcnt stittle-
-,ii'iciits, but __3,‘l\'CSI(_) the individual who set-
itlcs, for the benefit aritl at the iiistigation of
ltlie speculator and the rich man, the same
‘privileges which are ccnfi-rred on the bond.
gfitle settler, who enters solely for his own
lbcncfit, and mtcltisivclv in his own right; it
a quantity tint exccrdirig “ one quarter scc- : goes upon the hind for his own benefit or for E 1-L-(C.-5 ,3,-cry (l[_1(-Sljon (gr 1,1“. and fact. in the
tioii, in l«_>gail stibdivisioii.-‘,” it declares, iiilthc l.)!‘l1t‘fl[()fl1ll0lllE‘l‘. lf ho is Cml)l':‘.CC(l by ‘,(',()n_:_'_i‘|](;[jQn um] m,-L-Curio“ ofthe ],-m:' to the
‘the description in the first section of the bill, l1~L._.;i5.,g',. and ,.,,,_.,,iv,_,,., ,0 be d,,cid(,d summgé-:;""
not be had entire, the entries may be m{‘t(I8il.llC i'iglit of pre-t-iitptioii ottaclics, ziltlir.-uitli rilv and llllfllly by them, under rules estaliliil
in .ti'-acts of eighty acres, or forty acres, or j he declares that his l'CSl'.l<‘llCt‘. is intciided to lislied by the Comm‘issionci' of the Gcne’ri‘IIl
fractions; and whcri the fraction shall be. I "
more than the quantity l‘GC[t]ll'O(l to complt-te,the benefits of the act through such :1 settle-
the pro-cmption,._ the excess shall be paid for, ment._
and the prc.-.-emption riglit sliallextend to the ,-ciple\in any pre-emption lav.-".3
iLan<l (:‘)fficc; and such a bill as this is to be
iadc a permniiciit law. ,-
If it should become a law, unless I greatly
jZ'l"ill5l.fll(C,li will produce some orall these re-
rsu ts:
It will operate_injui'iotisly upon the inter-
‘alone the friends ofthe bill seek to protect.
I.
csts of the honest f)07t(L fidc settler, whom "ii"
It will greatly encourage and enrich specl ,
Itt against the iiiiscliicf to which I have called ' ulmors and rich ,m.,,_
would he difIicul_'t to assign a satisfactory_tlic attention of the Senate. That act l'C- . It will givethe selection ofthe best lands
llllllled of ill” ll""5°“ ‘5l“l”‘l“3 llle l"-‘f‘”t‘fil Ola to those who have no interest to become act-
Anothvr unusual, unriecessary, and niostlit, to make oath that he entered upon tlie,u;,] '['esj(]pntS_ '
It will encourage frattdtilcnt nominal
settlers.
l
i
l It will eventually abolish the sales oflands
, .
‘more than one pr:'soi'i bud st=ttl"cd upon any 1 ugrccirieiit or contract in aipy wnyor manner ,3, -_,u¢[;0n_
It will convert the system of cash sales into‘
share in it, but should have TlO_Cl:llmlO:llt*, he mi_r_rl'it acquire from the Govci'niiictit;5;,],.5 ._,,,,m C,-,.d,[_
’Tlic'of the Inited Suites should more to the, use,
Its: or h-uiiefit of anyioiie except htnisclf, or to ; pnmic lamjs, and mus u,«,_,._,S,;y d,_.p,.i,.e the
It will grc;itly reduce the proceeds of the
,Union of the full value of its property.
’ For such ii bill (even were I in favor of
any pi’c-vinptioti law) I cannot and shall not
= vote. And now, Mr. President, having ad-,
‘-verted to the pioiriiiiciit fcattires-of the bill,_
and strttetl my ol ligations to its provisions, I
‘have only to add that I shall vote for the
amcndmcntof my friend from Vermont, (ML.
Prcnliss,) because it reaches and obviates
some of these objections ; and when that
aineiidnicnt is disposed of, I shall ofier other
ziinendiiir.-nts, with the yiew of carrying out
more fully the dt-sign an-fl object which those’
who are the fl‘lf'nLlS of_ this bill propose to
accomplish by its passage, viz: the cncour.
agemt.-nt of.lionest bn7i(t_firlc settlers on the
public land, by giving them a prc-cniption
right‘ in a qtJ.'tTtt;‘t‘-S('Cll0t) of land on which
they have svttled.
A wolf, sa_vs'Plutarch, happening to put
his head into ii but where some shepards
were regaling themselves upon a leg ofrnut-
ton, exclaimed——“Alil what a clamor you
would --have raised had you caught me at
stich ahanlquet l” ~
Norwalk Chronicler