?33 .!(> Y H r REMARKS OP RICHARD M. YOUNG, OF ILLINOIS, O N T H E f BILL TO GRADUATE AND REDUCE THE PRICE OF THE PUBLIC LANDS. SENATE OF THE UNITED STATES, JANUARY 8, 1839. WASHINGTON: PRINTED BY BLAIR AND RITES* 1839 * ' y: • ■ T ■ * Tt ■ o * .. 1 " ! ’I • - • • • *•? * t . • • - . • ■: - . * • * T * v ► . ■'- r i ai ?*a iiTA'tf r ,?,r - - V < V; c r. :. *; - ? r ?•- n ■ '''''' . • , ' <* H25TOFUCAL SURVEY - - • . '' ‘ P r * * . REMARKS. Mr. YOUNG of Illinois, said, in reply to Mr. Crittenden of Kentucky: I rise not, Mr. Presi¬ dent, for any purpose of crimination or recrimina¬ tion, or to impugn the motives of any, on this or the other side of the Chamber, much less inten¬ tionally to misrepresent what may have been said by honorable Senators here, in relation to this all absorbing subject, of the public lands, of which we have heard so much at the past and present ses¬ sion of Congress. I have no feelings of ill will to gratify—no personal dislikes to induce an unkind expression towards any Senator who may have ta¬ ken part in these discussions; but I desire, as a duty I owe to the people I represent, to defend them against unjust animadversion, and to put some things right in relation to the debate of the last and the present session, that they may know and judge for themselves who has, and who has not been mis¬ represented in respect to these debates, and the course which has been adopted and acted upon by honorable Senators here in opposition to the lead¬ ing measures, which, whether well or ill directed, have from time to time been brought forward to facilitate the settlement, and expedite the growth of that interesting section of the country which stretches along the immense valley of the West. Much has been said, Mr. President, in the progress of the debate now going on, relative to the attitude assumed by the able Senator from Kentucky, [Mr. Clay,] in reference to the inhabitants of the new State?, who have settled upon the public lands; and as his honorable colleague [Mr. Crittenden] has undertaken his defence against the charge of hos¬ tility to the West, denies that there is proof to sus¬ tain the accusation, and says that his colleague has been misrepresented bytho.se who are deter¬ mined to have him nolens volens an enemy to the new Stales, 1 will attempt to show, that although language may have been attributed to him which he did not use, some of which I have myself seen in the public prints, that still enough and more than enough remains to sustain all the material allegations that have been urged against him. The Senator [Mr. Crittenden] asks, why it is, that his colleague [Mr. Clay] has, alone of all others, been singled out as the object of vituperation by the friends of this measure; why the whole foun¬ tain of bitter wafers has been poured out up¬ on his devoted head; and why it is, that he alone is to be offered up as a sacrifice upon the altar of western interests, for having done what he con¬ ceived to be his duty in respect to the greater in¬ terests of the whole Union. Sir, if the Senator from Kentucky [Mr. Clay] stands conspicuous as the object of attack in this debate, I would ask his honorable colleague, [Mr. Crittenden,] who placed him in that condition? Has he not, above all others, at all times, and upon all occasions, when the subject of ihe public lands has been the topic of discussion, taken the lead in denouncing these lawless intrusions upon the public domain, as he is pleased to term them? Has he not, in fact, to u-e bis own express on, battled it for days to¬ gether, “solittry,” if not “alone,” against our pre¬ emption and graduation bills, when scarcely a man of his party would venture to the rescue? These things considered,Mr. President, and how can it be matter of wonder or surprise to the Senator [Mr. Crittenden] that his colleague should be met by the Senators from the new States, upon the ground he himself has seen fit to occupy, so far in advance of his asssciates, as to have left them almost en¬ tirely out of sight behind him? Mr. President, du¬ ring the progress of the debate ©n the pre-emption bill, at the last session of Congress, the honorable Senator from Kentucky [Mr. Clay] indulged in ex¬ pressions towards the settlers of the new Slates who had gone upon the public lands for the purpose of procuring homes for themselves and families, which, in my opinion, they did not deserve; and as they were repeated on mere than one occasion du¬ ring the course of that protracted debate with the utmost deliberation, I took note of some of them at the time that they were uttered, in the precise terms employed by the speaker as I understood him; and as I wish to recur to these expressions, for the pur¬ pose of showing how far, in this respect, the hono¬ rable Senator [Mr. Clay] may or may not have been misrepresented, as is supposed by his honora¬ ble colleague, [Mr. Crittenden,] I will refer to them as I took them down, and leave the Senate to judge whether we of the new States, or the honora¬ ble Senator’s colleague, has had the most cause to complain of misrepresentation. The honorable Se¬ nator [Mr. Clay] said, when discussing the merits of the pre-emption bill, and of those who were to be benefiited by its provisions, in the debate of the 27th of January last, according to my memoran- d im, that he knew of no law or principle of pro¬ priety, which authorized us to give away the pub¬ lic lands as a bounty to the poor; as a bounty for a violation of the law; that he viewed it (the pre¬ emption bill) as a license to a set of lawless intru¬ ders to go upon the public domain, and prevent its sale in the manner prescribed by law; that he looked upon the whole system of pre-emptions as a system of boundless, heartless, scandalous, fraudulent spe¬ culation; that it was full of fraud, abominable, ex¬ ecrable fraud; a system that tainted, corrupt'd, ar.d putrified every one who touched it; that these men (the settlers upon the public lands) might, with equal propriety, seize upon our forts and arsenals, our ships upon the ocean, or plunder the public money in the Treasury, and appropriate the spoils among them, as thus to seize upon the public domain, and hold it against the just demand of the Government. Such, Mr. President, are some of the expressions in which the Senator from Ken¬ tucky [Mr. Clay] indulged at the late session of Congress towards the settlers of the West. But it is said that he has been misrepresented, intentionally misrepresented; and that language has been attri¬ buted to him on the occasion referred to which he never uttered. This, sir, to some extent, may be true. I have seen some newspaper reporis of that debate which contained expressions which I do not remember to have hear^ in the terms supposed to have been employed; but the inferences drawn were, nevertheless, in most instances, correct logi- I cal deductions from the premises, as admitted to 4 have been stated in the debate. As, (or example, the Senator [Mr. Clay] did not say in so many words that the settlers upon the public lands were pirates , but he did say that they might, with equal propriety, have seized upon our ships upon the ocean, and hold them against the lawful right of the nation, as thus to seize upon the public lands, and defeat, by unlawful combinations, a just competition at the public sales in the manner prescribed by law. And what is this but a charge o [piracy? And what else is a man who commits an overt act of piracy, such as the Sentator [Mr. Clay] has described, but a pi¬ rate? He did not say that they were robbers, but he characterized them as robbers, by assimilating their supposed offences to a seizure of the public forts and arsenals—to a plundering of the public Treasury; and what is this but robbery or larceny, according to the circumstance of force or no force, in despoiling the Government of its property? Mr. President, we have a class of speculators I could mention, who are well known in the new States, who are, perhaps, justly obnoxious to the Senator’s charge of piracy; but they are not the pre- emptioners, or the squatters on the public lands, who have gone there without injury to any one, for the purpose of providing homes for themselves and children, and who expect to pay a reasonable price for them as soon as they are brought into the market. No, sir, it is an antagonist interest. The land pirates 1 speak of are certain gentlemen who make it their trade to go about the country seeking whom they may devour—who visit this city, and the other cities of the Union, purchasing up ad¬ verse claims to land at a cheap rate, long since abandoned and supposed to be worthless by their holders—buying up old musty patents, for ten or twenty dollars each, to lands that have been sold for taxes many years ago, and long since passed redemption; ay, dealing in all sorts of claims, which have coler enough to alarm the fears of the bona fide settler, and force him, howeverreluctantly, to the alternative of an unjust compromise, or that which is infinitely worse, a course of ruinous liti¬ gation. Yes, Mr. President, in this way stripping the honest settler of his hard earnings, and expos¬ ing him anew to all the hardships and privations incident to the life of a squatter when he first en¬ ters upon the wilderness, and scarcely knows to clay on what he is to subsist to-morrow. Sir, so much was said to the disparagement of the.^e set¬ tlers upon the public lands, that the honorable Senator from Massachusetts, [Mr. Webster,] not now in his place, who had just before that time returned from an excursion to the West—who had seen them at their humble homes, and partaken of their hospitality, rude though it may have been, felt himself constrained to stand forward in their de¬ fence. He did defend them; and in the ac¬ count he gave of them here in his place, he did them ample justice. Sir, I will say no more on this branch of the subject, except to add, without intending any disparagement by the comparison, that so far as intelligence, industry and enterprise are concerned, that the people of Illinois possess these attributes in as high a degree as the people of Kentucky, or any of the old States; and that they would be as far from knowingly committing an offence against the laws of the Union as the Sena¬ tor’s constituents, or the constituents of any other gentleman upon this floor. No, sir: they never have believed that in going upon the public lands they thereby became lawless intruders, and despoil¬ ers of the public properly; and our whole course of legislation, in reference to the settlements upon the public lands, since the year 1813, justifies them in this position. I will now proceed to quote some passages from the Senate journal of the last session, in relation to the pre-emption bill, and see how far the hono¬ rable Senator’s course is reconcileable with West¬ ern interests, in proposing and voting for amend¬ ments which were evidently intended to embarrass the progress of the bill, and ultimately, if carried, to defeat its passage. There is something more in these amendments, Mr. President, than mere opposition to a measure of pre-emption, such as was proposed by the bill of the last session—some principles involved which I cannot subscribe to; an import and tendency on their face, fraught with much mischief, if they had been adopted. Hence I desire to speak of them, and expose, if I can, their deformities to the Senate and the people. On the 27th of January, 1838, the Senate resumed, as m Committee of the Whole, the bill to grant pre¬ emption rights to settlers rn the public lands. The honorable Senator from Maryland [Mr. Merrick] proposed, as an amendment to the bill, the follow¬ ing proviso: “Provided, That the right of pre-emp¬ tion granted by this act, or the act hereby revived, shall not accrue to any other persons than those who were, on the 1st day of D ecember, 1837, citi¬ zens of the United States; and such citizenship shall in all cases be established by leeal and competent testimony, to the satisfaction of the register and receiver of the land district in which the lands may lie, prior to any entry thereof by virtue of the pro¬ visions of this act.” On the yeas and nays being demanded by the Senator from Missouti, [Mr. Benton,] the follow¬ ing was the vote: “For the amendment, Messrs. Bayard, Clay of Kentucky, Clayton, Crittenden, Knight, Merrick, Prentiss, Preston, Rives, Robbins, Smith of India¬ na, Southard, Spence, Tallmadge, and Tipton—15. Against it, Messrs. Allen, Benton, Brown, Bu- c anan, Calhoun, Clay of Alabama, Cutbbert, Fulton, Grundy, Hubbard, Kin