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Bloomington Post (Newspaper) - July 6, 1838, Bloomington, Indiana MïmmmimMmm ^rnm "WS SEEK xrornnro whzob must bb won bt shbüuno." VOIi. 3. BLOORIIIVCSTOIV, FRIDAY JULY 6, 1838. IVO. EDITED AND FUBLKHED EVERT FRIDAT BY M. L. DEAL. OFFICE ON MAIN CR08S STREET, FIRST DOOR WEST OF MAJ. HIGHT'S EDITED AND FUBLKHED EVERT FRIDAT BY M. L. DEAL. OFFICE ON MAIN CR08S STREET, FIRST DOOR WEST OF MAJ. HIGHT'S TERMS. Two dollars in advance, two fifty in six mouths and throe at the end of the year. No paper will bo discontinued until all arrearages are j>aid up. I ):f7-AvEUTisEMF.XTs ol ten lines or tees, will be published three weeks for one dollar, and 25 cents for each additional inKonion. All advertiseiiienls must be marked with the number of insertions, or they will be inserted till forbid and charged accordingly. The CASH nuiBt invariably accompany advertisements from a distance or they will not receive attention. All letters and communications addrcsse I to the editor must bo fcee of ¡lostagc. No variation whatev-fr need bec.\[iectod from these terms. LIST OF AdilNTi?. The following guntlrmen are reijuentcd and authorized to act a« agents: lo rcicrivc Subscriptions, \Volk,^dverliHi!lg kc. and receipt for thosame. Thomas C. Johnson-, S|)oncer, lu. II. II. TiiHuoi', Will (irove, la. h!AMUEt. 11. S.MYTH, Ko'.vliiiii<irecn, la. John rARH, Ftciio:iia, Indiiiiia. Wm. IIeuoh, E.sij. Colutiibiis, Ja. <j. WAV.uan, Mariiiisliuri;;, la. D. A. llAur.iN'.s, New Alhiiiiy, la. J. S. IKW IS, I.oiiiilc, Ky. «ii;i)in.r. AI.w, I'.ukeiHlnnn, Montgomery Co. la N. Pioi:!;!;'!'-, I^n]., IS::HliVille, la. l»r. I. 1!. Al.\;.\vi I.I., i-'iMiikl'ort, la. .Ir.HN I!at'ii:i!T(i\, (I'roeiiriiMli-, la. <o.(ij:i.k •;) l»i .n\, F.mj. I'rdtlnl, Indiana,CüNíniESSIONAL. TIII'usday, JUO 7, 1830. rillvK.MPFlON FILL. 'Flic House, on irolion of Mr. FAlIIFIELD, of Maii.c, Wfiii iiiîo Comiiiitteu of llio Whole on the stale of lilt: riiiiiM. (Mr. Craiji, of Virfiiiiia, in the i liai' .) A hiiiiíIk.'.'u¡ j^'iiUlt'moii rose to move in favor (jf(iil'iert;iii hills, hiii .M r. < ¡a r Ian.1, of Louisiana, siicceLu.'d in catcliiii;^ llit; cyu of the i hairmun, and iii'ived !o ial>(; »ip the bill Irom Uio Senate to grant pr(^-eiii|itioM Id settlers en public lands. The biM WHS reu I. 'Fho reading of tho act uiiich the hill is intciiiled lo continuo in force, being lulled for, il was read as follows: ACT OF20ih May, 1C3Ü. AN ACT to grant ()rc-einplion rij^hts to settlers on the public lands. lie it enaclcd hi/ Hie Senate and House of Ilrjyre-. ^rnlalives of the (,'nited Statca of America in Congress a.<;xem,')i( (l, 'J'hat every settler or occupant of ihc public lands, prior lo the passage ofthis act, " who is now in |)o.ssession, and cultivated any part thereof in the year one thousand eight hundred and shall be, and he is hertiby, authorized to cuter, wiih the register uf the iuiid oHieo for the district in which such lands may lie, by legal suIaIIn isiiuis, any number of acres, not more than one hunihetl and si.viy, or a quarter section; to mcltidi; his iiiiiM-ovement, upon paying to the U. ytates t!ie thi;ii i.iiiiiimiin price ofsuid land: Provided, liomwer, 'I'liat no entry or sale of any land shall Ih} made, under tho provisions of this act, which shiíH have been rc.sorved for tho use of the United States, or either ol the several Slates ia which any uftlio public lands may he situated. Sec. Aiui be il ful/ier enactcd, That if two or more persons be settled upon tho samo quarter section, the same may bo divided between tho two first actual seltlorii, if, by a norlh and south or easi and west line, tho seltlcmont or iu)provomont ofeach can IjC mcluded in a halfipiaiier section; and in such case the said selliers shall each be entitled to a pre-emption of eighty acres of land elsewhere in Kiid land district, so us not to interfere with other bottlers having a right of prcleience. S.'X. 3. j]i:<l he il further muelcd. That prior to any enti les being mmle uiuier tho privileges given by this net, ¡)roof ofbetllemeiit or improvement shall'bo made to tho saii.->fuclion of tho register and receiver oí the land district in which such lands may , lio, agreeably to tho /ules to bo preMîribcd by tho Ciinunissioner of the Cieneral Land Ollice for that purpose, which register and receiver shall each be entitled to ret;eive lifty cent.s for his services therein. And that all assigmnents and transfers of the 1 ight of pre-emplton given by this act, prior to the issiiunce of patents, shall be null and void. Si.c. 4. And be il further enucled. That this ' act »hall not delay the sales of any of tho public lands of iho L'uitcd Slates beyond the lime which has been, or may bo, appointed for that purpose by tho i'resident'a proclamation; nor shall any of the provisions of this act be available to any person or persons who shall fail to make tho proof and. payment re(iuired before tho day ap|>ointed for the cuinmcncemcnt of tho sales of lands including the truel or tracts on which tho right of pre-emption is claimed; nor shall tho right of pro-omption,contem-¡(lated by this act, e.\tend to any laud which is ro-served from sale, by act of Congress, or by order of thel'residentjOr which may have been appro-pri.ited for any purpose whatsoever. Si;c. 6. And be il further enacted, That Xhi» act shall be and remain in force fur ono year from and ui^er its j)assa^e. The lollowuig is a copy of the bill, with the nmendmonts whieh hud l)ecn reported from the (^oninntti'U on tho I'ublic Lands. [Tlio amendments ^I'o printed ill (/«//(ti, uml iho part piopobcd tobe Klrieken out is included in bruekels. AN ACT togrant preeinp:ion rights lo seltlere on the public lunds. Be U enacted by the. Senate anil House of Reive-scnlalives of the United States of Auierica in Von-gress a$sembled. That every actual sottlorofthe 'public lands, being the head of a family, or over twenty-one years of age, who was in possession, and a housekeener, by porsoual resiJeiuu thuioon, on or before the fust day of December, eigliU en ii.;udicd and thirty buvou,shall bo entitled lo ail the grant pre-emption rights to settlers on the public lands," approved May 29th, eighteen hundred and thirty; and the said act is hereby revived and continued in force two years: Procu/cd, That, where more than one person may have settled upon and cultivated any one quarter section ofland, each of them shall have an equal share or intest in the said quarter section, but shall have no claim, by virtue ofthis act, to any other land: And provided ahoay^. That this act shall not be so construed as to give a right of pre-emption to any* person or persons in con-sequence of any settlement or improvement made before the c.\tinguishment of the Indian title to the land on which such settlement or improvement was made, or to the lands lately acquired by trenly with the Miami tribe of Indians in the Stale of Indiana, of which jtroclanuUion was made by Uw President of the United State» on the——day of Dec or to any land specially occupied or reserved for town lots or other purposes, by authority of theU. States: And jfTovidedfurther, That nothing herein contained shall be construed to aflcct any of ihe selections of public lands for the purposes of education, the use of salt springs, or lor any other purpose, which may have been or may be made by any State under e.\isting laws of the United States: but this act shall not be so construed as to deprive those of tho benefits of the act who have inhabited according to its provisions, (certain fractions oi iIhj public lands within the land district of Palmyra, in the Slate of Missouri, which were reserved from sale in consequence of the surveys of Spanish and French grants, but are found to bo without the lines of said grants,)] ccr/auj fractions or regular legal subdivisions of the public lands, which lutvc been reserved from sale in consequence of the filing of a claim to a French or Spanish grant or donation, which was fouiul, or which hereafter may he found, an actual survey or location of such claims, to be without the limits of said claim, or any other reservation, except as is hereinbefore specified. Mr. Boon Chairman of tho Committee on Public Lands, addre.sscd the Committco in an c.Yplnnation and support of the bill. He adverted to the prejudices entertained by some against pre-cmptioners, who had been denominated land pirates, and that in a quarter tho least expected. Ho went into a general eulogy on the character ofthis class of settlers, of whom he had hirnselt been one, having entered Indiana 27 years since with a wife and four children, and in circumstances which did not enable him to pay for a home: he had therefore settled on the public domain, where hostile Indians were his nearest neighbors, and where the bear earth was his hearth and floor. He insisted that the Government lost nothing by giving its lands to the squat-tors at the minimum price; for the auction sales averaged but G cents over that amount—Was this a sudicient inducement for the Clovernment to drive these poor people from their homes? If the preemption system was abandoned,¿the hardy sons of tho West must content themselves with inferior land else pay an advanced price to speculators. Mr. D. went into some statistical statements lo show tho large portion of the moneys paid for public lands which came from non-residents, but said he was not in the habit of making speeches for Dun-combe, and therefore would not prolong his remarks, lie moved to fill tho blank in the resolution with tho 22d of December, 1837. Mr. Evviiig did not rise to make a speech for Bun-cumbe, nor ta entertain tho House with his own biographical history. When he undertook to give that, ho would give it entire. Ho understood jilr-Boon's allusion, land pirate as aimed at a distinguished individual elsewhere; but said that he had himself been present when the s|»cech alluded to had been delivered, and it was utterly false that the settlers had been designated land pirates. 'Fhat individual was incapable of heaping abuse on that class of cilizcns, having himself done more to benefit tho population of tho now States than any other man now living. Ho would pronounce no eulogium on the settlors; their own conduct was their btist eulogium. 'Fhey hud never been wanting to tho coun try, and would not bo uanling to themselves. If tho system of |)re-emj)lion were now about to bo introduced, .Mr. E. should oppose it as inexpedient &i injurious; but it e.xisted, and he should vote lor the bill. He wished to olU;r an ainendment, however, which should enable his state lo get her just due, and thereby aid her in those iioblo schemes of internal Improvement in whieh she was engaged. Mr. Ewing then moved to amend the amendment by granting to tho state oflnuiana the right of preemption to tho Miami reserve luiids, except to those already settled. Ho understood thero were but six settlors in tho situation described, so tho proviso would give but six pre-emptiun rights. Mr. .Martin, of .\labama, impured whether tho a-mciidmont was in order, as the bill e.\cludcd the lands in the Miami reserve. Tho Chair decided tho amendment lo bo in order. Mr. Muriiu expressed his hope that tho gentleman would withdraw it. It only tended to embarrass tho bill, and had no connection with the subject. Mr. Ewing expressed amazement at this opinion insisting that the subject of the amendment, and that of tho bill, were so intimately connected, that they could net bo separated. Mr. Herod, of Indiana, was in favor of both branches of the proviso, but asked for a division that the question might bu first put on graoliag the preemption right to tho state, and then oo the residue. Mr. Johnson, of Louisiana, opposed the amendment as containing an entirely new prinolple. No pre-emption bill had ever been passed conferring a pre-emption right upon a state. Other states wore ;ed in internal improvements as well aa Indiana, & might, with equal propriety, claim the samo privilege. If the geotleman wanted hia roeaaure to tho minimum price, not man .deserving the character of a statesman would rvfuse to ofler. Such an arrangement would save millions from peculation «Si speculation. Indiana had asked this by a re.solu-tion of her Legislature; and if it were refused, he hoped that none of the delegation would vote for the bill. Mr. Dunn advocated the amendment. The General Grovernment never could realize more than the minimum, but the state government could & would. The Treasury was need of money, and tho state would pay the whole amount at once. Mr. Pop(>said the plan was somewhat new, and not strictly connected with the bill. He should not, however, oppose it, but thought, if the slate entered' any part of the lands, sho ought to enter the whole. Mr. Rwing said that was just what the state desired. Mr. Underwood objected to the amendment as introducing a novel principle. Pre-emption was not lo be given to the settlers, but to tho state over their heads. It furnished a very fair illustration of the whole system. Tho amendment virtually admitted that tho land was worth five dollars, but that speculators, by hook or by crook, would manange to get it from the United States at $1,25. They could not, however, come round tho stale in that way. She was able and willing to look after her own interest. He was opposed lo this. Jf thhi-e lands are to be re.served for settlers, he should say to the stale, hands olF. Mr. Dunn said that tho general principle of pre emplion rights consisted in the equity of rewarding those who had gorio in advance of civilization, and encountered hardships and privations in subduin tho wilderness. to lie wiiliont 111«' limiiii of 8;iiil claitn, or any other rtservation, oxccptas is hereinbefore .'!pecified." Mr. Undorwood suggested that no pre-emption right ought lo be granted, e.xcept on tho affidavit of tho settler that ho had not obtained a previous preemption on other lands. Mr. Linctdn pro^ oicd an amendment in the shape of a proviso, that pre-emption rights should not extend to any individual who had obtained the same bpnellt before, Mr. Underwood af:kod how this was to bo ascertained? Mr. Lincoln said the rnodo of proof had alwayc beoii .settled by u rule of the Department. .Mr. Underwood preferred an afHdavit, and offered an amendment to that eilect. Mr. Lynco'nohfxted tw this, as holding out too strong a temptati-jn to perjury. Mr. L. then went at largo into a general discussion of the policy of the: bill, ill wiiieii he adverted to tho very limited re,)reseuiatio!i of the old States in the Committee on Public Laml.s, and tlio tcndcncy of such a stale ofthings to throw into tho hands of the new States a larger [lortion oi'lliu common domoin than they were I'jirly iMilitied to. Wo ho(»e to present a !ull report ofthis Sjcech hereafter.] .Mr. .^Iay of Illinois, moved nn aineiidment to extend the litw grunting pre-emption rights to any peisons wiio ma\ now, or sliali hereafter, havo lived twelve moiiilis on the public lands. lie vindicatcil the character of tho scltlerg, dc-fonrlcd the coursc of this State, and corrected what ho held to be a misunderstanding us to the present i'.xecuiivc Icing the friend of tho pre-emption system. it was true tha J'resiuent had recommended But that principle had no applica-j ii.j.,. ^¡¡1, but it was to w i:id up the sy.stcm, and pre-tiou to settlors on the Mmmi reserve. They had vent its continuance for the fiuure. Tho executive, cleared no wilderness, but had settled on a fertile track in the heart of the state. They had, thorc-foro, no equitable, claim, but tho state had expended large sums of money in the construction of a canal and rail road. Mr. Williams, of North Carolina, agreed with Mr. Underwood in his objections to the amendment. Tho true principle of pre-emption was tho protection of settlers against speculators. To give this right to a stale did not affcct that object. He should reserve any general remarks ho had to make on tho system to a subsequent discussion. Mr. Herrod thought that the opposition to the a-mendment arose mainly from a want of information as to the true jwsiiion of these lands. This reserve hud been until recently in the possession of the Indians. They had rolinquished their title by the treaty of 1834, which treafy, however, was not rati-iied until 1837. It was true the settlors would not be benefited by the amendment, but they were not entitled to any benefit. They were not on the lands at the time uf tho treaty. Refusing tho preemption right lo tho state would not secure it to tho seltlera; otherwise he should feel reluctant to vote for the amendment; but it proposed no injustice to any, while it would confer a great beneiit on the slate. He admitted that these lands wore very valuable; ho wished that the few settlers who had been on the land by the sullbranco of tho Indians at the time of the treaty, should be provided for. 'Fhey were industrious and harmless men—his neighbors, and his own immediate constituents, lie was well acquainted with them, and it was to save their interests that he had called for a division of the qes-tion. The question was now put on Mr. Ewing's amendment which was rejected. The question then recurring on the amendment proposed by tho Committee on Public Lands. Mr. White, of Indiana, pr< riviiog« ■uccced, let him introduce it in an indepeodent form and let ii be referred to the Committee oa RomU & Canals. Mr. Ewing denied that the principle waa a new ono, and protested ogainst the idea of giving to ia-dividuul settlers what was ruliised to a slate. And as 'o all «lutea havin" an equal clain> 'f they oil of- presented his views on the subject, which wo h0i)0 lo give hereafier. Mr. Casey opposed the amendment, aa going to embarrass the bill. Mr. Boon, though not strenuous in its favor, thought it ought to pass. Mr. Goode then moved to amend tho amendment, Ly granting the reserved alternate suctions at the price of $2,60 per acre, on tho Miami canal line, in that state, to tho state of Ohio, oxce{)t those sections now settled anJ improved. Mr. G. said he oiierod this ainendment in couse (jiience of an ex|>eciution which had early Ixien entertained that these lands would be thrown i:i!o market. He had, at an early period, oileicd a resolution proix>sing that these alternate bcctions should bo sold to the state of Ohio at an acre, by which the United States would realize the priee of tho whole at $1,25. The grants to Ohio and Indiana for the constriction of those canals wci c u! great benefit, for which the States wore duly gia c lul. Yet the elfect had been grjatly to reiai«! the settlement of tho country. Tho lands withhtn.l from sale wore among the best in the state; t)!iR> now asked that they should bu brought into iuui !:in by the United States. There were, indeed, a tlu^ meretorious setllers, for whom reserve ou.^hi io k made; but these wore, in all, prultabiii'y, less twenty. Mr. G. olfored this mnendmeni in pursuance of instructions from his state. A pie-emiJiion right was not, indeed, the shapo which he should prefer; but it would secure the object in view. Mr. Snyder opposed the amendmont. if that measure must paas, ho honed it would be introdueod in a separate bill. The fiends of the present blli wished it to proceed on broad and general principles, extending equally to all citizens of tho Uniied Stales. He waa opposed to spcial grants whu-h departed from the general principle, and espociull.« opposed to groDting land ia masses to a staio to speculate upoii. The question waa now pulon Mr. GooJo^santond-ment, and it waa rejected. The amendnMOt proposed by the Cominittee on Public Lands was briAy advocated by Mr. Wiltiauid, uf North Carolina, and agreed to. The following auiendmunt, moved by tho Committee ou Public Londa, was aloo agreed to: Strike out all after the word '*proviuiou," as printed in brackota, and assert'*cortain fractions or regular legal subdivisions, tho public lantis, whii-h havo bean ruBurvud from sale in coiiso<iueuc«« oi .......... of It claim to French or Spanish grantor donitiioi, which Witt found, or which hcroulicr la.iy ic ii'u . far fiom being u friend lo the syslein, wished it liimlly iibolished. Mr. Cushnian said something in vindication of the President, which could not be l»eard by tho reponer. Mr. May, in reply, produced a list of votes given hy the President, when in the Señal», in oppoai-tion to Western measures, on the ground of which he ascertained that the President waa no friend of the West. Mr. M. now withdrew his amendment until that of Mr. Lincoln should be disposed of. Mr. Boon defended the votes referred to as proof of Mr. Van Burenes fidelity lo his own State of New York. He thought tho gentleman from Illinois bad paid the President a very high compliment. He scouted the idea that there was any necessity for an affidavit to prevent 1 man's obtaining many pre-emption rights. Such a thing had rarely happened; but if a settler wished lo dis|K)8eof the home be bad got by a pre-emption, and to remove into another Slate, why might he not, inequity, obtain another pre-emi)tion right? Mr. Lincoln said that tho man then ceased to be a settler and oecome a spcci'lator. .Mr. Boon said he was willing to accept the offer which was made by Mr. L. to amend the bill oo as to requiie a sottloinent and cultivation of four months to entitle a man to a pre-emption. Mr. lioomis, of New York, waa in favor of the bill, but not approving all its provisions. He offered a lengthy amendment, by way of substitute, to tollovv the enacting clauve. Mr. Lincoln expres.sed his assent to the offer of Mr. Boon, and proposed that thedatein the aniend-mcnt should ho changed to the 1st of June, 1838, d* the inhabitation and cultivatioo to be four moatba previous. The committee now rose. Ordered, That this bill, and also that of 1830, to which it has reference, together with all the amendments, be printed. Nashville.—The Banner of the 15ih says: A-midst the pressure of tho times and in the face of double prices for almost every thing, our city is iiiij)rovmg, more than for several years past. New buildings are going up, old ones undergoing additions and repairs, and our streets and side walks (t) assuming les« of a break-ncck character. Seven u.iiipiku rouds, linishod and untiDisbed, radiate tVuui the city in all directions. Wo have an ubun-duiit su|H)ly ofcoal, and the water-works distributo a wholi.some tluid to every section. We have lnr¡j;e capitalists, an aciivo t-cmmorce, an inexhaustible I'vriility <d' .- i'il rouudubout, a navigable river, in shuri, ilie elements of a great capital are here con-cenii.ite I, and ilie city is advancing by steady yet sure r.)Mi>'i i to ilie wealth and grandeur, to which her udmi.uwle leeutioii evi.'eully points. Liinsfiilf Ciiy Gazelle. .; ' r breiui and rmiving a shmc.—'I'he Alian \ I'.wi. i:,; Jouiiial siaies oiio of the ciuelest 1 iluil il Im i ever lieeh our lot to hoar of. One ot iho lu ,r"ni'y re.'ii'urs in Noiih Go'haiu, having served laiiiiiiiiiy lor u l^ng limo iii t/ie ranks of the party, lately ilioii' lit a nUmt iimo to have an alot-iiiont of some )>oriioii ot'the spoils uud ho accordingly wrote ID hU friiiiid Silas Wright, for un appointment ill the -New Voik Custom Hou-o. Ho very soon received a leitci leariug tho So.iator's frank, \vhich he broke open in thu full as.suranco that it contained tlioapiioiuti^'nt ho hud asked for. Any iHKly, however, ai-quamted, a« Sum Wellor aaya, with '•hamuli iiutur, ' muy judge of hi< feelings and his physiuguomy, when iu-^tead of hii commission» he lound a c 'py of one <f itealuii^» Spjechet. Ce.vkkal llAKRtso.N.—The Albany, N. Y. Daily .Advertiser contains tho following. Tho editor .s|ienks C4jneetly: " Wc have li tie doubt that with a niiijoriiy of tho yoomanry of tho ataw. VVilliam Hcniy Harrison is the most popular eondidale for the next presidency. An intollifont geleman from the county of Montgomery informs ua that the warmth in supiKjri of llariiaon, iu that county, ia surprising.—Among the farinera nearly aU the Whigs give him their decided perfrenoe, and ve-.liirKsoii t,i( II have declared their icadinr-s to 11 tíene'uí lliu i IX 11 I'loiii t'lrt same iiiipuF^es i.ili.t-d thjin uHiud MiJ Hi' ' } " ;