CHAPTER XXX.

PUBLIC LANDS: GRADUATION OF PRICE: PRE-EMPTION SYSTEM: TAXATION

WHEN SOLD.

For all the new States composed territory belonging, or chiefly

so to the federal government, the Congress of the United States

became the local legislature, that is to say, in the place of a

local legislature in all the legislation that relates to the primary

disposition of the soil. In the old States this legislation belonged

to the State legislatures, and might have belonged to the new States

in virtue of their State sovereignty except by the "_compacts_"

with the federal government at the time of their admission into the

Union, in which they bound themselves, in consideration of land

and money grants deemed equivalent to the value of the surrendered

rights, not to interfere with the primary disposition of the public

lands, nor to tax them while remaining unsold, nor for five years

thereafter. These grants, though accepted as equivalents in the

infancy of the States, were soon found to be very far from it, even

in a mere moneyed point of view, independent of the evils resulting

from the administration of domestic local questions by a distant

national legislature. The taxes alone for a few years on the public

lands would have been equivalent to all the benefits derived from

the grants in the compacts. Composed of citizens from the old States

where a local legislature administered the public lands according

to the local interests--selling lands of different qualities for

different prices, according to its quality--granting pre-emptions

and donations to first settlers--and subjecting all to taxation as

soon as it became public property; it was a national feeling to

desire the same advantages; and for this purpose, incessant, and

usually vain efforts were made to obtain them from Congress. At

this session (1837-'38) a better progress was made, and bills passed

for all the purposes through the Senate.

1. The graduation bill. This measure had been proposed for twelve

years, and the full system embraced a plan for the speedy and final

extinction of the federal title to all the lands within the new

States. Periodical reductions of price at the rate of 25 cents

per acre until reduced to 25 cents: a preference in the purchase

to actual settlers, constituting a pre-emption right: donations

to destitute settlers: and the cession of the refuse to States in

which they lay:--these were the provisions which constituted the

system and which were all contained in the first bills. But finding

it impossible to carry all the provisions of the system in any one

bill, it became necessary to secure what could be obtained. The

graduation-bill was reduced to one feature--reduction of price; and

that limited to two reductions, bringing down the price at the first

reduction to one dollar per acre: at the next 75 cents per acre. In

support of this bill Mr. Benton made a brief speech, from which the

following are some passages:

"The bill comes to us now under more favorable auspices than

it has ever done before. The President recommends it, and the

Treasury needs the money which it will produce. A gentleman

of the opposition [Mr. CLAY], reproaches the President for

inconsistency in making this recommendation; he says that he

voted against it as senator heretofore, and recommends it as

President now. But the gentleman forgets so tell us that Mr.

Van Buren, when a member of the Senate, spoke in favor of the

general object of the bill from the first day it was presented,

and that he voted in favor of one degree of reduction--a

reduction of the price of the public lands to one dollar per

acre--the last session that he served here. Far from being

inconsistent, the President, in this recommendation, has only

carried out to their legitimate conclusions the principles which

he formerly expressed, and the vote which he formerly gave.

"The bill, as modified on the motions of the senators from

Tennessee and New Hampshire [Messrs. GRUNDY and HUBBARD] stands

shorn of half its original provisions. Originally it embraced

four degrees of reduction, it now contains but two of those

degrees. The two last--the fifty cent, and the twenty-five

cent reductions, have been cut off. I made no objection to

the motions of those gentlemen. I knew them to be made in a

friendly spirit; I knew also that the success of their motions

was necessary to the success of any part of the bill. Certainly

I would have preferred the whole--would have preferred the four

degrees of reduction. But this is a case in which the homely

maxim applies, that half a loaf is better than no bread. By

giving up half the bill, we may gain the other half; and sure

I am that our constituents will vastly prefer half to nothing.

The lands may now be reduced to one dollar for those which

have been five years in market, and to seventy-five cents for

those which have been ten years in market. The rest of the

bill is relinquished for the present, not abandoned for ever.

The remaining degrees of reduction will be brought forward

hereafter, and with a better prospect of success, after the

lands have been picked and culled over under the prices of the

present bill. Even if the clauses had remained which have been

struck out, on the motions of the gentlemen from Tennessee and

New Hampshire, it would have been two years from December next,

before any purchases could have been made under them. They

were not to take effect until December, 1840. Before that time

Congress will twice sit again; and if the present bill passes,

and is found to work well, the enactment of the present rejected

clauses will be a matter of course.

"This is a measure emphatically for the benefit of the

agricultural interest--that great interest, which he declared

to be the foundation of all national prosperity, and the

backbone, and substratum of every other interest--which was,

in the body politic, front rank for service, and rear rank for

reward--which bore nearly all the burthens of government while

carrying the government on its back--which was the fountain of

good production, while it was the pack-horse of burthens, and

the broad shoulders which received nearly all losses--especially

from broken banks. This bill was for them; and, in voting for

it, he had but one regret, and that was, that it did not go far

enough--that it was not equal to their merits."

The bill passed by a good majority--27 to 16; but failed to be

acted upon in the House of Representatives, though favorably

reported upon by its committee on the public lands.

2. The pre-emptive system. The provisions of the bill were

simple, being merely to secure the privilege of first purchase

to the settler on any lands to which the Indian title had been

extinguished; to be paid for at the minimum price of the public

lands at the time. A senator from Maryland, Mr. Merrick, moved to

amend the bill by confining its benefits to citizens of the United

States--excluding unnaturalized foreigners. Mr. Benton opposed this

motion, in a brief speech.

"He was entirely opposed to the amendment of the senator from

Maryland (Mr. MERRICK). It proposed something new in our

legislation. It proposed to make a distinction between aliens

and citizens in the acquisition of property. Pre-emption rights

had been granted since the formation of the government; and no

distinction, until now, had been proposed, between the persons,

or classes of persons, to whom they were granted. No law had yet

excluded aliens from the acquisition of a pre-emption right, and

he was entirely opposed to commencing a system of legislation

which was to affect the property rights of the aliens who came to

our country to make it their home. Political rights rested on a

different basis. They involved the management of the government,

and it was right that foreigners should undergo the process of

naturalization before they acquired the right of sharing in the

government. But the acquisition of property was another affair. It

was a private and personal affair. It involved no question but that

of the subsistence, the support, and the comfortable living of the

alien and his family. Mr. B. would be against the principle of the

proposed amendment in any case, but he was particularly opposed to

this case. Who were the aliens whom it proposed to affect? Not those

who are described as paupers and criminals, infesting the purlieus

of the cities, but those who had gone to the remote new States,

and to the remote parts of those States, and into the depths of

the wilderness, and there commenced the cultivation of the earth.

These were the description of aliens to be affected; and if the

amendment was adopted, they would be excluded from a pre-emption

right in the soil they were cultivating, and made to wait until

they were naturalized. The senator from Maryland (Mr. MERRICK),

treats this as a case of bounty. He treats the pre-emption right as

a bounty from the government, and says that aliens have no right

to this bounty. But, is this correct? Is the pre-emption a bounty?

Far from it. In point of money, the pre-emptioner pays about as

much as any other purchaser. He pays the government price, one

dollar and twenty-five cents; and the table of land sales proves

that nobody pays any more, or so little more that it is nothing in

a national point of view. One dollar twenty-seven and a half cents

per acre is the average of all the sales for fifteen years. The

twenty millions of acres sold to speculators in the year 1836, all

went at one dollar and twenty-five cents per acre. The pre-emption

then is not a bounty, but a sale, and a sale for full price, and,

what is more, for solid money; for pre-emptioners pay with gold and

silver, and not with bank credits. Numerous were the emigrants from

Germany, France, Ireland, and other countries, now in the West, and

especially in Missouri, and he (Mr. B.) had no idea of imposing any

legal disability upon them in the acquisition of property. He wished

them all well. If any of them had settled upon the public lands, so

much the better. It was an evidence of their intention to become

citizens, and their labor upon the soil would add to its product and

to the national wealth."

The motion of Mr. Merrick was rejected by a majority of 13. The

yeas were: Messrs. Bayard, Clay of Kentucky, Clayton, Crittenden,

Davis, Knight, Merrick, Prentiss, Preston, Rives, Robbins, Smith,

of Indiana, Southard, Spence, Tallmadge, Tipton, 15. The nays were:

Messrs. Allen, Benton, Brown, Buchanan, Calhoun, Clay, of Alabama,

Cuthbert, Fulton, Grundy, Hubbard, King, Linn, Lumpkin, Lyon,

Mouton, Nicholas, Niles, Nowell, Pierce, Roane, Robinson, Sevier,

Walker, Webster, White, Williams, Wright, Young, of Illinois, (28.)

The bill being then put to the vote, was passed by a majority of 14.

3. Taxation of public lands when sold. When the United States first

instituted their land system, the sales were upon credit, at a

minimum price of two dollars, payable in four equal annual payments,

with a liability to revert if there should be any failure in the

payments. During that time it was considered as public land, nor

was the title passed until the patent issued--which might be a

year longer. Five years, therefore, was the period fixed, during

which the land so sold should be exempt from taxation by the State

in which it lay. This continued to be the mode of sale, until the

year 1821, when the credit was changed for the cash system, and the

minimum price reduced to one dollar twenty-five cents per acre.

The reason for the five years exemption from state taxation had

then ceased, but the compacts remaining unaltered, the exemption

continued. Repeated applications were made to Congress to consent

to the modification of the compacts in that article; but always in

vain. At this session the application was renewed on the part of the

new States; and with success in the Senate, where the bill for that

purpose passed nearly unanimously, the negatives being but four, to

wit: Messrs. Brown, Clay of Kentucky, Clayton, Southard. Being sent

to the H. R. it remained there without action till the end of the

session.

Thirty Years' View (Vol. 2 of 2) or, A History of the Working of the American Government for Thirty Years, from 1820 to 1850 · 第 30 / 202 章