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Juss 13, 1834.]

Pre-emption-Actual Settlers.

[U. OF R.

lemon Dickerson, David W. Dickinson, Dunlap, Felder, Mr. CLAY, of Alabama, after a promise of brevity,
Forester, Fowler, W. K. Fuller, Gholson, Gillet, Gilmer, proceeded first to remark on the letter from Mr. Graham,
Joseph Hall, Halsey, Hamer, Joseph M. Harper, Harri-late Commissioner of the General Land Office, to which
son, Hathaway, Hawkins, Hawes, Henderson, Howell, Mr. VINTON had referred, and which he insisted had
Hubbard, Abel Huntington, Inge, Jarvis, Richard M. reference to a bill somewhat like the present, but in a
Johnson, Noadiah Johnson, Cave Johnson, Seaborn Jones, different shape. The bill, as now reported, was free
Benjamin Jones, Kavanagh, Kinnard, Lane, Lansing, La- from all important objections.
He denied that its opera-

porte, Luke Lea, Thos. Lee, Leavitt, Loyal, Lyon, Lytle, tion would be to introduce again the credit system, and Abijah Mann, Joel K. Mann, Mardis, Moses Mason, Mc-quoted the law to prove the assertion.

Intire, McKay, McKim, McKinley, McLene, McVean, Mr. VINTON said the settler was to be allowed two Miller, Henry Mitchell, Robert Mitchell, Muhlenberg, years to make his payment for the land: was not this a Murphy, Osgood, Page, Parks, Parker, Patton, Patter-system of credit?

son, Dutee J. Pearce, Peyton, Franklin Pierce, Pierson, Mr. CLAY referred to the fourth section of the prePlummer, Polk, Pope, Schenck, Schley, Shinn, Charles emption law of 1829 and 1830, by which it was expressly Slade, Smith, Speight, Standefer, Stoddert, Sutherland, provided that the bill should work no delay in the sale of William Taylor, Francis Thomas, Thomson, Turrill, Van-the land. If the settler did not avail himself of his prederpoel, Van Houten, Wagener, Ward, Wardwell, emption right before the President should advertise the Wayne, Webster, Whallon, Campbell P. White-118. land for sale, he lost his right; and the President might NAYS.--Messrs. John Quincy Adams, Heman Allen, do so at any time. The law he had quoted expressly conJohn J. Allen, C. Allan, Archer, Ashley, Banks, Barber, tradicted the objection, too, in reference to the lead Barnitz, Barringer, Baylies, Beaty, James M. Bell, Bin-mines. Those lands were reserved from sale; and the preney, Briggs, Bull, Burd, Burges, Cage, Campbell, Cham-emption law did not extend to lands reserved. The letbers, Chilton, Choate, Wm. Clark, Clayton, Clowney, ter, therefore, which the gentleman had read, did not Corwin, Crane, Crockett, Darlington, Warren R. Davis, even raise an argument against this bill. It had been Deberry, Denny, Dickson, Duncan, Evans, Edward read when the former bill was under consideration, and Everett, Horace Everett, Ewing, Fillmore, Foster, Philo had no effect to prevent its passage. So had the letter C. Fuller, Fulton, Gamble, Garland, Gordon, Gorham, of Mr. Currie. It had at that time been stated to the Graham, Grayson, Grennell, Griffin, Hiland Hall, Hard, House, openly, that this Mr. Currie was a land speculaHardin, James Harper, Hazeltine, Heath, Hiester, Jabez tor, whose interest it obviously was to obstruct, and if W. Huntington, Jackson, William Cost Johnson, King, possible prevent, the passage of the bill. As to the other Lay, Lewis, Lincoln, Love, Martindale, Marshall, Mc- objection, it had reference only to a certain district of Carty, McComas, McKennan, Mercer, Milligan, Moore, Alabama; and were all the occupants of these lands to be Pinckney, Potts, Ramsay, Reed, Rencher, Selden, Au-deprived of their little cabins, and driven from the homes gustine II. Shepperd, William Slade, Sloane, Spangler, they had earned, because certain disorderly individuals Steele, Stewart, Philemon Thomas, Tompkins, Turner, had resisted the law in four or five townships of one State? Tweedy, Vance, Vinton, Edward D. White, Frederick The gentleman had suggested that these lands would Whittlesey, Elisha Whittlesey, Williams, Wisc, Young-bring into the treasury a million of dollars; and yet the

98.

So this resolution was also ordered to lie upon the table. PRE-EMPTION--ACTUAL SETTLERS. The bill to revive the act entitled "An act to grant pre-emption rights to settlers on the public lands," approved May 20, 1830, being again taken up

rich cotton lands in the counties of Perry and Greene had brought but a trifle over the minimum price. This was easily explained. Capitalists flocked to every land sale, and, by mutual agreement, obtained the lands at the Government price, or very little above it; and, as soon as they had the title, turned round and levied 100 per cent. upon the poor settler who had gone into the wilderness and subdued it. All gentlemen from the Alabamas, Mississippi, and Florida, knew this to be so.

Mr. VINTON opposed the bill. He observed that the Government had extinguished the Indian title to large bodies of land, and had paid for Indian improvements In reply to Mr. V.'s arguments, that pre-emption laws thereon great sums of money, averaging, probably, not retarded the sales of the public lands, Mr. C. referred to less than 15 dollars per acre, (some had been appraised returns, which he read, and from which it appeared that, at 30 dollars, and some at 2 or 3 dollars,) and now it was immediately after the passage of the last pre-emption law, asked that the United States should part with these lands the amount of sales had risen rapidly, and in an unpreceat $1 25 an acre. If any bill of this sort was ever per-dented degree. Under the auction system the lands in mitted to pass, it ought to be accompanied with guards Indiana had brought but one mill over the Government of the strongest kind to prevent abuses. As matters now price; in Illinois, six mills; and in Missouri, five mills. stood, any man might go on these lands, and whoever This had been the state of things in 1826, '7, and '8, bewas so fortunate as once to obtain possession, even though fore the pre-emption bill had passed. The gentleman it should be a tract with improvements appraised at 30 had spoken about cotton lands being worth ten to fifteen dollars an acre, could get the whole at $1 25. With a dollars an acre; and yet, in sales which embraced three view to test the sense of the House upon the bill, he millions of acres of such cotton lands, the price realized should move to strike out the enacting clause. If that was only one dollar and twenty-seven cents, out of which motion should fail of success, he should then move that was to be taken all the expenses of the sale. Now, he the bill be recommitted, with instructions to have the would ask every gentleman to put it to his conscience to amount confirmed to each occupant restricted to forty say, whether such a petty advantage as the difference to acres. Then there would be some correspondence be- this nation between one dollar and twenty-five cents and tween the provisions of the bill and the reasons advanced one dollar and twenty-seven cents per acre was a sufficient in its support. Let the privilege of the settler be con- inducement to suffer the actual settler, whose improvefined to the land he has actually settled, and also to landsments have earned him a home and given value to the brought into market. This would remove the most soil, to be thrown upon the tender mercies of the land serious objections to the bill. At present it might be speculators? Was any gentleman prepared to say this? denominated a bill to aid and abet the designs of specu-Yet this was the class of persons for whose benefit this bill lators. was intended. The man who wanted a lot of eighty or He moved to amend the bill by striking out the enact-one hundred acres of land was not to be presumed a rich ing clause. man, but, ou the contrary, a poor man, whose object was,

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Pre-emption-Actual Settlers.

by labor, to earn himself a comfortable little farm, or which to support his family and rear his children.

lature.

[JUNE 13, 1834.

lands, and there to labor, in the hope that, when these lands should come into market, they might be able to buy a little spot for themselves at the Government price. With a view to obviate one principal objection to the bill, he would, as soon as it should be in order to do so, offer an amendment, which, he believed, had the approbation of the chairman of the Land Committee, [Mr. CLAY.] It was to add a proviso, that the person claiming the right of pre-emption should make oath that the land was for himself, and that he had made no secret or other agreement to transfer it to another.

Mr. WHITE, of Florida, said that this bill was interesting to all the new States and Territories in which the United States held public lands, and to none more than to the Territory of Florida. The principle and policy of the bill was well understood, and had been fully and elaborately discussed in the year 1826, and repeatedly since. The House had been at least six or seven times favored with the same speech of the gentleman from Ohio, [Mr. VINTON,] with the exception of some novelties introduced, doubtless, in odium upon the settlers and occu- Mr. CLAY said he had no objection to such a proviso, pants for whose benefit it was now proposed. What and hoped the House would permit it to be considered as is the principle of this bill? It proposes to give to ev-a part of the bill. ery poor occupant who has settled upon the public Mr. LEWIS, of Alabama, said that, as this amendment lands the right to purchase one quarter section, including might do away objections to the bill, he was entirely wilhis improvement, for the Government price, (one dollar ling that it should be added. He observed that the porand twenty-five cents the acre.) It extends the provis-tion of country he represented was deeply interested in ions of an expired law, and revives the right, conferred the fate of this bill. He asked no boon; he solicited for by Congress upon former occupants, on the same terms. his constituents no donation. All he asked or desired The gentleman has never been able, in his often-repeated was, that they should enjoy the same advantages which speech, to convince Congress that this policy is incorrect had been extended to others, and which experience had in principle or prejudicial to the public. Whether his proved to be most conducive to the public good. He did threat to vote against certain internal improvements will not ask any donation of land; he asked merely for protecdeter gentlemen interested in them to vote against it, tion against speculators; for protection against a system remains to be seen. But he could not persuade himself which had already cost the people of Alabama from two that such an argument, for such a purpose, could meet to four millions of dollars. What had been the practical with the favorable consideration of an enlightened Legis-operation of the auction system? A poor and industrious man had gone into the wilderness and made himself an It has been shown that no pre-emption can be made of improvement. The land speculator had gone after him, lands reserved for lead mines or for any other purpose. and surveyed his improvement; and, at the time of the The act of 1830, which is the basis of the one under con- sale, he attended, in company with his coadjutors, holdsideration, excludes these lands from this mode of sale. ing among them a vast capital, (Mr. L. had known as The gentleman has caused a letter to be read, in rela- much as from two to three millions of dollars to be tion to combinations to prevent some sales in Alabama, brought to one of these land sales,) and he determines to by some disappointed speculators, who could not extort get this poor man's improvement. The poor settler had from the honest and indignant settler a douceur or "hush- no means by which to compete with such odds; and his money," not to bid for his improvement. For what object only resource was to compound with the speculator, and was this introduced? Cui bono? Does this practice, right pay him four or five dollars an acre for what he might or wrong, refer to any provision of this bill? These were otherwise have got for one dollar and twenty-five cents. combinations to prevent the sale only to a confederated Was this a wholesome policy? The gentleman from Ohio company! Now, sir, this bill is intended to prevent these [Mr. VINTON] had spoken of cotton lands being worth a very combinations complained of, by placing at the dis- large price. Mr. L. admitted their value; but, he asked, posal of these worthy and excellent pioneers, who have when was that value ever obtained by the Government? penetrated the forest, made roads, and constructed Whatever the land might bring to individuals, the United bridges, and improved the country, giving a value to all States never got but a trifle over the minimum price. the surrounding public lands, the right to purchase their What difference did it make to the Government that the little homes at the Government price, without the fear of laborious settler got the land, or that the greedy speculaspeculators. tor got it? The Government received alike from both. These settlers are stigmatized as "trespassers and And was it not better that the man who had labored for squatters." He had said before, in this House, and now a home should possess it, than that the overgrown capirepeated, that there was no law of the United States for-talist should get possession, and then extort upon his bidding settlements upon the public lands. Where is necessity? The plan was not new; it had been tried, such a law to be found? Let the gentleman show it if he and it worked well. As to the gentleman's objections, The act of 1807 forbade taking possession of lands they were old acquaintances in that House. He had under pretended titles; but there was in that law a pro-made, in substance, the same speech over and over again, vision by which the registers and receivers were author- and had again and again brought up this same letter of ized to grant permits of settlement. That act referred to Mr. Graham's. The letter was not against the principle the floating titles supposed to be held, or fabricated, after of pre-emption rights, but only against certain details of the Louisiana cession. It originated and expired with the a bill to which it referred. The bill had, nevertheless, settlement of the titles under that cession. gone into a law, and had in practice been attended with The truth is, that this law is intended to protect the none of the evils apprehended. It had not enabled any poor against the rapacity and oppression of heartless body to get reservations worth fifteen dollars an acre for speculators, who combine to force from them money, to one dollar and twenty-five cents. The reservations had prevent their bidding for their improvements. Against been expressly excepted from the operation of the bill such a system, Mr. W. said, he always had and always a redundant revenue had immediately flowed into the would continue to protest. treasury from the public lands; while the people had Mr. MCCARTY asked, what new settlers, of small been protected from the hardship of paying tribute te means, were to do, should the bill be rejected? They speculators, to the tune of eight hundred thousand or a could not purchase land in the old States, for there was million of dollars. The Government had realized a none to sell; they could not purchase at second hand in good a price as when there had been no pre-emption the new States, for they could not pay for the improve-granted.

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ments. They had no resource but to go upon the public Mr. L said he knew the Mr. Currie whose letter hat

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[H. OF R.

been paraded before the House. He was a land specu-though, rather than pass these temporary acts, he would lator; one of those who valued these improvements of pass a general law. Even to protect the Government the poor industrious settler; and it was not in the least against the combination, either of settlers or speculators, surprising that such a man should be strongly opposed to effectual laws should be passed. These temporary acts, the bill. Its effect would be to defeat his plan of opera-he contended, were unjust to the distant States. tions. Was this the language of a settler? No: it was the language of a speculator.

Mr. DUNCAN said he felt called upon by the opposition which had been made to the bill, to offer a few reMr. L. said that he was not opposed to the auction marks in support of it. He hoped the gentleman from system, if it was confined to lands not improved or occu- Ohio, [Mr. VINTON,] against whom so many fires had pied; but, if applied to these, it subjected the settlers to been directed, would pardon him for giving him, and his a grievous oppression. The object of the bill was protec- opposition to the bill, a passing notice. He had no objection; all he asked or sought was protection; protection, tion to urge to the gentleman's course, which was uninot against the Government, but against the speculators. formly to oppose every pre-emption and other bill_tendMr. POLK regretted the length of the discussion; and ing to favor settlers on the public land, because he beshould have pressed for the consideration of the appro-lieved the gentleman was the representative of a very priation bills, had it not been for his unwillingness to in- large land interest, called the Ohio Company, who ownterfere with a measure in which a large portion of the ed, or had owned, most of his district. It was the inpeople beyond the mountains had so deep a concern, and terest of persons owning large tracts of land to oppose which was the first Western measure which had yet been all settlements on the public land, in order to favor their under discussion. The bill only revived the former law. own speculations. He did not doubt that the gentleman Here Mr. VINTON interposed, and reminded Mr. P. [Mr. VINTON] was truly representing the wishes of his that it contained also a clause allowing claims which had constituents, as their interest was directly opposed, not been rejected by the Secretary of the Treasury. It con- only to the poor settler, but the sale of all other land tained a new principle, and embraced a new class of except their own.

cases.

Mr. VINTON here interrupted Mr. DUNCAN, by say. Mr. POLK resumed. In all the cases provided for by ing the gentleman from Illinois was mistaken; his (Mr. the bill, the settler was required to pay to the Govern- V.'s) constituents were no speculators, and did not merit ment $1 25 an acre. The bill did not injure the Gov- the personal allusions which had been made. The indiernment, nor did it relate to the lead mines. The House,viduals composing the Ohio Company were men of high for six years past, had constantly heard this same speech character; they were revolutionary soldiers. The million from the same gentleman in opposition to the doctrine of of acres of land they had once held, and which had pre-emption, and the House had always differed in opin- nearly all been sold, was taken for debts due them from ion from that gentleman. He trusted it would on the the United States; this land only composed one-half of present occasion. The principle was plain and simple; his district; the other half was public land, situated exso much so, that this bill had passed the Senate almost actly as that represented by the gentleman from Illinois. sub silentio. He trusted there would be no protracted He disclaimed all such influence as had been charged discussion upon it. upon him and his constituents.

Mr. H. EVERETT said he doubted the policy of bills Mr. DUNCAN replied that he made no personal or of this description. The alleged necessity of passing unkind allusion to the gentleman or his constituents; he this bill arose entirely from our former legislation. We only stated a fact, to show that the gentleman, though had from time to time passed temporary bills, giving pre- from one of the new States, represented an interest toemption rights to settlers, and by them encouraged per-tally different from the great majority of those States. sons to intrude on the public lands, under an expectation This Ohio Company had once owned a million of acres of that future acts would be passed for their relief. Every land. He presumed, however honorable they might be, argument in favor of the policy of this bill applied equally that they were like other men; and he did not doubt to a general law. If this bill is passed, in a year or two they looked to their own interest, which they could do we shall be called upon to pass another and another. If justly and without reproach; and he hoped the gentlethis is to be done, why not at once throw open all the man would allow him to look also to the interest of his public lands for a general scramble, and abolish the auc-constituents. He said he represented a very different intion system? Bu1, he asked, is any one prepared for this? terest: his constituents were no speculators; those who Why, then, are these partial temporary acts advocated? settled on the public land were generally poor men, or To him, it seemed that they gave a decided advantage to men in moderate circumstances, who live by their honest those in the vicinity of the public lands, and to the preju-labor, and had no other view in settling than to secure dice of those at a distance, and enabled them, from their an independent home for their families. They were no proximity, to take up all the good lands. The terms of trespassers. They had been encouraged to go on and the act were vague. What shall be deemed a settlement improve the public lands by the repeated acts and setwithin the act? The blazing a few trees; the raising a led policy of the Government-a policy well known to patch of potatoes? He did not know which construction be as favorable to the sale of the lands and the public had been given to former acts. He had supposed it to interest as it is just to the settler. It was owing to this be loose and indefinite. wise policy of inducing the hardy sons of the West to There was one view in which the settlers were, how-encounter all the privations and hardships incident to ever, entitled to consideration, as connected with the such an enterprise, that the seven new States in this land speculators. If settlers are to be encouraged to en Union owe their unexampled prosperity. Who, be askter on the public lands without purchasing them, he ed, ever heard of a wealthy man leaving case, luxury, would protect tiem against the speculators. But it seem-and society, and going into the forest, as our enterpried there were combinations of the settlers as well as of sing settlers had often done, at every sacrifice, encounterthe land speculators; the one to defend their possessions, ing the wild beasts and savages, and depending for the and to prevent, by force, persons from bidding on their first year or two upon the rifle for a precarious subsistlands; and the speculators, in turn, combine to prevent ence? He never knew an instance; and he believed if all competition; and the result was, that, between both the vast valley of the Mississippi had never been settled combinations, the public lands were sold at a nominal ad- until those able to purchase the land should become the vance only over the minimum price. He was not for pioneers, that it would not have reached its present state throwing open the public land to a general scramble; of improvement in a century to come. He considered it

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Pre-emption--Actual Settlers.

[JUNE 13, 1834.

No one

the interest of the whole Union to adopt a liberal policy and contemptible in the eyes of gentlemen on the other in disposing of the public domain. To build up great side of the question, had not gone there the year before, and prosperous communities, he said, was infinitely more and opened tracks into the interior of the wilderness, important than all the gain that ever had or would be erected cabins, and prepared bread and meat for the received into the treasury from the sale of these lands. convenience and sustenance of the surveyors, land ofliBut, he said, his friend from Alabama [Mr. CLAY] had cers, and land purchasers? Without them the country plainly shown that nothing had been gained for many would not have been surveyed at any thing like a reasonyears by selling the lands at auction; it had added no expense. Without the preparation made by them, the thing to the treasury, though it had sometimes been the same quantity of land could not have been sold, and those means of oppression to the settlers. He said he consid-lands sold would not have brought so large a price; the ered the present as a question whether this Government country would not have been examined so minutely as to is willing to sell the poor man's improvement to the high-justify the capitalists in laying out their money. est bidder, and put the profits of his labor into the public knew better than the honorable Speaker and himself, the treasury, which is now full to overflowing. He could difficulty of obtaining shelter for their heads, and provisnot believe honorable gentlemen, understanding the sub-ion for themselves, at the Chocchuma sales last fall, even ject, could ever consent to such gross injustice. Much with the aid of those enterprising settlers who had been objection, he said, had been made to this bill on account there one and two years, and made crops. He (Mr. P.) of an idea which had been suggested, that some persons being in bad health, procured a shelter in a log cabin, might make speculations by taking up mill-seats, ferries, with a dirt floor, to sleep in; but the Speaker, [Mr. BELL,] &c. He had no doubt some instances of the kind might he believed, camped out altogether, under cover of a occur; but, in all probability, if this advantage was not large tree. If it had not been a fine fish country they secured to the settler, it would be reaped by a combina- must have suffered for eatables. tion of speculators, who generally contrived to pay no more than $1 25 per acre to the Government. Mills and ferries, he said, are necessary to the settlement of the country, and those who first establish them are entitled to great favor; and no improvements could be of more benefit to the public. The gentleman from Vermont [Mr. EVERETT] had said that we had as well do away with the auction sales entirely, as pass this bill.

Mr. D. thought the auction sales were wrong; they have not, at least for many years past, by the amount received on sales over $1 25 per acre, paid the expense of the auction. He had proposed to abolish those sales at the first of this session, at the same time that he submitted a proposition for granting pre-emptions, and did not doubt that it would be adopted before very long, as he believed it would be found best for the interest of the Government and permanent improvement of the country to allow the settlers to select and purchase their homes as soon as the lands were surveyed.

By means of these pre-emption claimants,, the large capitalists, speculators, and men of wealth and fortune from Virginia, Georgia, and the Carolinas, were enabled to follow their trails in their carriages, with their families, into the wilderness, one and two hundred miles remote from the old settlements. By their enterprise and industry the advantages and resources of the country were opened to their view. By their being permitted to locate there, on public lands, the property of the Government was enhanced in value fourfold. He then appealed to the justice, liberality, and magnanimity of gentlemen, and asked if it was right, equitable, just, or expedient, for these hard-working, laborious, enterprising, and meritorious individuals, to be compelled to go into market, and contend for their own labor, and, if unsuccessful, their wives and little ones turned out of house and home, after having toiled with their own hands, by day and by night, to erect an humble cottage to shelter them from the chilling winter's rains and the heat of a scorching Mr. PLUMMER was in favor of the principles of the summer's sun? The settlements were confined to poor bill, and made an argument at length in its support. The lands, or those of a middle quality. Very few of these question was not a new one, now for the first time to be occupants were on first-rate cotton lands. The gentlesettled. It had become engrafted into the land system. man from Ohio [Mr. VINTON] was mistaken in supposing He called the attention of the House to the origin and that large capitalists, or cotton planters, were in the habit history of the pre-emption laws. The idea advanced by of opening plantations on public lands. Many of these the opponents of the bill, that it would benefit the large settlers had, on their arrival, but one horse, a few head capitalists and cotton planters exclusively, and not the la- of cattle, and the means of purchasing but a few months' boring portion of the community, was erroneous. He provisions. To deprive them of their homes was unspoke of the practical operations of the law in his own grateful, ungenerous, and impolitic. They ought to be State, which he professel to understand. The settlers encouraged. He would not put in for them a plea of on the Choctaw lands did not go there in the capacity of poverty. He did not ask the extension of the pre-emptrespassers or intruders. It was true, there was a clause tion privilege to them as an act of charity. He claimed in the treaty of Dancing Rabbit creek, prohibiting white it as a matter of right. Hundreds of them were deprived persons from settling in the country until after the fall last year of the benefit of a pre-cmption law, passed exof 1833, the time fixed for the completion of the removal pressly for them, by the erroneous decision of the land of the Indians. It was also true, that the Secretary of officers, which he hoped yet to get reversed. War issued orders, in 1832, for the removal, by a military Mr. P. discussed at length the merits of the bill and force, of all those who had settled there in violation of its various provisions, and pointed out its practical opethe provisions of the treaty. Before the order was execu-rations, which would benefit a valuable portion of his ted, he (Mr. P.) remonstrated. On a representation of constituents, and probably not keep five hundred dollars the facts, made in behalf of the Choctaws as well as the out of the national treasury. settlers, the orders were countermanded, and the occu- Mr. CLAYTON said he should not have taken any part pants allowed to remain, and others invited by the Choc- in this debate, were it not that he was a member of the taw chiefs to move into the country. By the enterprise Committee on Public Lands. He should say but a few and industry of these pioneers, roads were opened, and words. It was manifest that the settlers must, in any event, bridges but, for the benefit of those who followed. get their land; and the only question was whether they They settled there with the approbation of the officers of should get it directly from the Government, on the payGovernment, for the benefit of their followers and the ment of the minimum price, or be left to purchase it General Government as well as themselves. What, he from the speculators. Was it not better that the Govasked, would have been the situation of the country, at ernment itself should extend to them the right of prethe time of the sales last fall, if these pioneers, so odious emption, than that it should turn them over to the tender

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[H. OF R.

mercies of the speculators? In the name of all that was a quarter, he could not understand why they would not just and all that was creditable, let the Government ex-sell at an advance now, as well as formerly. And it was tend its protecting hand. Why should it suffer its lands a main objection against the bill, that it operated a virtual to pass into the hands of those who, paying no more into repeal of the law requiring the public land to be first the treasury than the poor settlers themselves, would offered at public sale, and had the effect of bringing thus purchase the power of oppression? Mr. C. said he down the most valuable lands to a level, as to price, with had investigated the subject; and the result of a careful what the gentleman calls "the refuse lands." And, he examination had satisfied him that the auction system had again repeated what he said when up before, that, if the brought into the hands of Government but a few cents bill passed, it was a virtual sacrifice of all the valuable over the minimum required by law; and would the House, lands and improvements, bought of the Indians at high for such a contemptible gain as this, throw an enterpri- prices, of the Red river and other valuable cotton sing and industrious class of men into the absolute power lands yet to come into market, and of the mineral counof those whose sole end was gain, and whose tender mer- try in and above Illinois. cies were cruel?

Mr. VINTON said it was not his intention to reply to the many answers, as each gentleman had denominated his own speech, to the remarks made by himself when on the floor before. He could not, however, help saying it was somewhat remarkable that from half a dozen to a dozen gentlemen have felt themselves under the necessity of replying, with great zeal, to what they have been pleased to call an old speech. He could not but think it had something in it, old as it might be, or it would not have been considered necessary to repeat at least a dozen answers; and, so far from being satisfied, there are apparently yet a dozen more repetitions of it to come from other gentlemen.

Mr. V. said he should not have risen at all, but for an aspersion, as he deemed it, cast upon a part of his constituents by the gentleman from Illinois, [Mr. DUNCAN.] That gentleman had informed the House that my district was the property of a company of great land speculators, who had an interest in keeping squatters off their lands, and were therefore naturally opposed to granting them favors. He had explained to the gentleman at the time, that the proprietors of the Ohio Company's purchase, to whom he had allusion, did not buy on speculation. But the gentleman had thought proper, notwithstanding, to repeat that they were speculators. Now, sir, this bill is nothing to them. You have no power to put settlers on their lands; and if you do, they have means, beyond the It might, however, be proper for him to notice one reach of your authority, of putting them off again. The fact adduced by the gentleman from Alabama, [Mr. Ohio Company's purchase was no land speculation. It CLAY, and urged by him to show that the Government was a tract of country sold, at an exorbitant price, to the will lose nothing by this bill. He read a statement from officers and soldiers who had fought the battles of the the General Land Office, that the sales of the public Revolution, as the only compensation they could get, or lands, for eight or ten years past, had averaged only about you had the ability to give. As the only chance of getting 2 1-3 cents beyond $1 25, the land office or minimum any thing for their claims against you, they were comprice. Now, sir, that gives no information at all upon pelled to leave the abodes of civilization, at the close of the subject under discussion. It will be recollected that the Revolution, and plant themselves in the very heart of the public lands are never exposed at public sale but the wilderness, and in the midst of danger, hundreds of once, and ever after they are subject to sale at a fixed miles in advance of your population. There, with arms price. In the State of Ohio, for example, very little, if in their hands, they cleared up and cultivated their fields, any land, was offered at public sale during that time; it and gave form and being to a system of laws and social had all been offered at an earlier period. The sales in organization which have extended to the gentleman's that State, and the great mass of the lands sold in the own State, and whose influences will go down to the other States, during that time, were of lands that had latest posterity. The gentleman could not expect him been offered at public sale, and were sold at the fixed to sit silently by and hear him deal out any opprobrious price. The statement exhibited by the gentleman ag- insinuations against the Putnams, the Butlers, the Greens, gregates into one mass all the sales at public auction and and other venerable names, which took the lead in that private sale, and finding the average of the whole to association. If the gentleman regards land speculators exceed the dollar and a quarter by only about two per as opprobrious, then he furnishes the measure of estimacent., he thence infers that two and a third cents is all tion in which he himself is entitled to be held, as he had the advance that is obtained on the land actually sold at understood the gentleman was a land speculator. auction. Instead of the statement exhibited, the gentleman should have brought here a statement of the sales at auction, and of them only, and shown their average. The fact then would have been worth something. How does the fact which he exhibits show that the lands actually sold at auction do not bring an average of five or ten dollars? Is it not a fact, that before the pre-emption policy obtained, the cotton lands in the gentleman's own State (Alabama) sold at auction at ten, fifteen, twenty, and at all prices, as high as seventy dollars the acre, and that these sales were very large in amount?

[Mr. CLAY explained, and said those sales were under the credit system.]

[Mr. DUNCAN explained, and said he did not intend to use the term in an offensive sense; but used the fact of their being large holders of land for sale to show they had an interest in preventing the passing of a bill which would have the effect to depress the value of their lands. ]

Mr. VINTON said the explanation of the gentleman showed he was as ignorant of the condition of the country about which he had undertaken to speak as he was of the men who owned it. There never were any great land proprietors in that district of country. About a million of acres, at the time of the purchase, near half a century ago, were divided into near a thousand equal shares, intended for settlement. And the natural changes Mr. VINTON said that made no difference. The law and subdivisions since that time have brought about a which required the public lands to be offered at auction state of things as far from land monopoly there as in the in the first place, before they were sold at the fixed Atlantic States. He would say, in conclusion, that if the price, had undergone no change when the credit was effect of the bill would be, what its object was said to abolished, or since. It is true the price was reduced be, to enable poor people to get little homes, who had seventy-five cents on the acre when cash payment was not the means of going into the land offices and buying required, but that had no bearing whatever on this a little tract of land, he should be reconciled to the bill, question; and if lands worth ten, fifteen, or twenty dollars per acre, were set up at auction, instead of being given up to those who took possession of them at a dollar and

however he might doubt its policy; for he professed to entertain towards that class of people as much good feeling and kindness as other gentlemen. But two years ago

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