REMARKS

On the Passage of the Bill to grant Pre-emption Rights to actual settlers on the Public Lands, made in the Senate, January 27th, 1838

MESSRS. WEBSTER, Bayard, and Fulton, having concluded their remarks, Mr. Calhoun said :-]

He had remained silent during this discussion, from the conviction derived from the experience of the last session, that all opposition would be unavailing. Nor did he rise now with the least expectation of changing the vote of a single Senator-but simply to state the grounds of his objections.

If the passage of this bill would terminate the Pre-emption System, he, for one, would not object to it; for he felt, with the Senator from Massachusetts (Mr. Webster), that, under the influence of the passage of similar bills, many persons had made improvements on the public lands, of which it would be almost cruel to deprive them; and he regretted that the Senator, who had turned his attention to the subject, and who was so well qualified for the task, had not incorporated some provision in the bill, to terminate the system, as he was as much opposed to its continuance as himself. Had he done so, the bill would have received his support; but, as it is, he was compelled to vote against it.

Considering it, then, as a continuation of a system of passing acts, from time to time, to give to the occupant a pre-emption in the sale of the public lands, he would askwhen and how the system is to terminate? The passage of every additional bill but confirmed and strengthened it. The same exigency under which this is passed, would in

crease the necessity of passing another hereafter-and that, a subsequent one-until it would terminate in the surrender of the public domain to those who could first seize on it; unless some means should be adopted in time to terminate the system. Now, Sir, if this surrender would be to the poor, but honest and industrious settlers-giving to each the one hundred and sixty acres of vacant land on which he might settle first-to be a home for himself and family-he would have no great objections. But would this be the end? Would it benefit the man with many children and but little money, who might desire to emigrate to the West, in order to improve the condition of himself and family? His opinion was, that its termination would be directly the reverse. Instead of benefiting the poor and honest emigrant, the system would operate, in the end, to the almost exclusive benefit of the rich, the strong and the violent. Let it be once firmly and universally fixed in the public mind-as it surely will be under its operation-that the public lands belong, of right, to those who can first seize on them; and the result will be that, the moment a treaty is held to extinguish the Indian title to a tract of land-and long before it is submitted to us for our ratification-an armed body of men, acting for themselves, or with speculators, will rush into it, and make themselves masters of the country; and will exact more from the poor and peaceable emigrant for the liberty of settling, than the United States would for the quiet fee-simple of the soil.

If he was correctly informed, the Iowa country had been already seized on by a lawless body of armed men, who had parcelled out the whole region, and had entered into written stipulations to stand by and protect each other—and who were actually exercising the rights of ownership and sovereignty over it-permitting none to settle without their leave -and exacting more for the license to settle, than the Government does for the land itself. In confirmation of this, he

would ask the Secretary to read a letter which he had received from an emigrant to that region with a view to settlement-and how he fared there, the letter would show. In desiring it to be read, he had no expectation that it would have any influence over the votes of the members. His object was to turn the attention of the Senate to the actual state of things in that quarter-in the hope that something would be done to provide against the evil in future, and to put an end to a system that led to such results.

[Here Mr. C. handed the letter to the Secretary to be read; but after various objections to it, unless the name of the writer was given up,-which Mr. C. refused to do, from the hazard to which the disclosure might expose the writer, he finally withdrew it.]

He said,—as the reading of the letter was objected to, without the name of the writer, he would not press it, but would give a very brief summary of its contents. He (the writer) stated, that he emigrated with a view to make a settlement; that the country consisted of a small portion of woodland to a large portion of prairie; that the latter was only valuable in connection with the former;-that the woodland had been seized on by large bodies of armed men, who had marked out and designated their respective possessions, and entered into written stipulations for mutual protection. He says further, that he was driven about from place to place, without being permitted to form a settlement;—that he finally offered to purchase a place, for which a most extravagant price was asked,—and was, at last, compelled to purchase at a rate far beyond the Government price. The individual wrote like a man of intelligence and sense. that his life had been menaced;-and that he had been informed that the lives of several intruders had paid the forfeit.

He stated

Whether these things were so or not, he did not vouch; but he felt a certain conviction that such must be the final

.termination of the system, if it has not already arrived at this stage; and on these grounds, among others, he was opposed to it. He had no objection to people emigrating to the West, in the hope of bettering their condition; and if it were possible to pass a prospective law,-giving to every man who might desire to settle on 160 acres of land, with a view to improve and cultivate it, a pre-emption right,—without opening a field for speculation and violence, he knew not that he would object to it. It would be almost unnatural in him to be opposed to the brave and hardy pioneers. He was the immediate descendant of one who spent all the active and vigorous portion of his life on the frontier, and won his home by his courage, from the savage enemy; and he had, therefore, a feeling in common with those whose interests were the proposed objects of this bill. He objected to it, because it would not effect this object.

He had another and strong objection to perpetuating the system. So long as it continued, it was impossible to prevent questions in relation to the public domain from running into and controlling the party politics of the day. The stake was too great to be drawn into party struggles; and ought to be withdrawn without delay;—or, otherwise, it would, in a short time, be gambled away by the combatants for power. The system, as it stands, operated well enough in the infancy of the Republic,-when the new States constituted so small and unimportant a portion of the Union. When he first entered into public life, there were but three new States, including Kentucky and Tennessee with Ohio; --but now there were nine ;-excluding the two first,—which now might be considered as old States. These young offsprings of ours have already eighteen out of fifty-two Senators on this floor; and, with the co-operation of eight more from the old States, had one-half of the Senate. Instead of repining at this state of things, he rejoiced at it. He gloried in their wonderful and unparalleled growth. They

are our descendants; and he considered the vast and mighty. West, but as the inheritance of our posterity,-bestowed on us by a kind Providence, for our settlement and improvement. But he could not close his eyes to the fact, that this mighty and still rapidly progressing change made a thorough and radical change in our land system indispensable. So long as the present state of things continues, you will have eighteen solid votes from the new States for a continuance of the pre-emption system, with the whole weight and influence of the public domain constantly bearing perniciously on our party struggles. Of this he became fully convinced, during the discussion on the Land Bill at the last session; in which he took an active part. The result then, satisfied him that, so long as the present state of things continued, it was impossible to prevent the incessant agitation of the subject of the public lands, or the passage of any particular law, which either the new States, or party considerations might bring forward. It was useless to complain or resist. It grew out of the nature of things, and must continue so long as that continued.

Under these impressions, he turned his attention, at the last session, towards a remedy; and, after careful investigation, he could discover but one; and that was, to place the new States in such a condition as to the public lands within their respective limits, as would identify their interests with those of the old; and for this purpose, he introduced a bill to cede to them the public lands within those States, under certain conditions which were intended to secure the rights and interests of the old States, and to place the whole system under a solemn compact between the Government and the new States, in order to give it stability and uniformity. His reflections, and the additional experience derived from the present discussion, had satisfied him that there ought to be no delay in effecting a change; and he thought the one he then offered was the best that could be devised. But he was