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of the property would consequently be diminished. The incentive to make permanent and valuable improvements, promoted now by the free ownership, unconditional descent, and full power of alienation of the farm, would be diminished, if not abrogated.

It has been the pride of this nation that the conditions, services, and restrictions on the titles to land which have grown up under the monarchical governments of the Old World, are here unknown. In almost all the States direct legislation has been had, in order to abolish every vestige of feudal tenures, strike off every condition, and bring titles to real estate, with the most unrestricted tenure known to the law, within the power of every citizen. Can the idea that the most perfect title, the greatest freedom of alienation, the most unrestricted right of all, by their industry and means, to acquire real estate, and to alienate or devise at pleasure, best secure the interests of a free people and promote the prosperity of the nation, be a mistaken one?

It should not be forgotten that most of the causes which operate in the Old World to accumulate large landed estates in the hands of individuals or corporations, and to perpetuate them, do not exist under our institutions. Sales and conveyances of land are here made with almost the same facility and frequency as of personal property. Free from entailments, on the death of the owner it is divided among all his heirs; or, before his decease, it is given without restriction, by his will or his deed. It changes owners by sales on mortgages, or by virtue of legal process for indebtedness, or for taxes, or for the recovery of fines and amercements. Having few or no corporations under perpetual charters, the limited quantity which may be held by such institutions must be conveyed during the brief time of their chartered existence, or, at the close of that time, revert to the prior owner. No statute of mortmain is needed to prevent accumulations of property in the hands of such institutions. Natural causes soon dissipate the largest estates, and distribute them among the industrious and the enterprising.

The committee, having thus referred to the provisions and object of the plans presented for their consideration, cannot but believe that the radical changes proposed in the tenure of this property would fail to secure the good results which are sought by their advocates. That there may be, and are, evils attending the present arrangement, as well as all others, will not be controverted; but as a system, applying to the great landed interest of a great nation, under a government which seeks to open the broadest field for the enterprise of the individual citizen, and to protect him in his legal rights, the committee believe the present state of things to be far preferable to that proposed.

Senate bill No. 35, also under consideration of the committee, proposes to reduce and graduate the price of the public lands according to the length of time which they have been in market. It presents a system which has heretofore received the attention of Congress, and has been the subject of much commendation. For lands which have been in market not over ten years, it proposes to retain the present minimum price of $125 per acre.

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By the report of the Commissioner of the General Land Office, made in January, 1849, it appears that, of 154,680,233 acres offered for sale, there were sold of land which had been in market less than ten years 44, 133, 589 acres.

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More than 20 and less than 25 years

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Leaving for sale, at the end of the last period, 78, 046, 077 acres; all of which quantity would be subject to sale, if the bill in question should become a law, at the reduced prices above stated.

The principles proposed in this bill are, in the opinion of the committee, much less objectionable than most of the propositions now before them, and, under a state of things different from that which at the present time exists in reference to the public domain, would strongly commend themselves to their approval. But it seems to them that, however favorably it might have been regarded when first proposed, there are reasons for not adopting it at the present time.

The principal reasons urged for the adoption of this system were founded on a desire to increase the income to the treasury from the increased sales which it was believed would be effected by reducing the prices, and the supposition that the lands which did not find an early sale, after being offered in market, must be inferior in quality, and of little value.

It is believed that the idea that a diminution of the price would so increase the sales, that the amount received at the less price would exceed that which would be derived from the same lands offered at the present minimum, is deceptive. We have already referred to the uniformity of the demand for lands, and the little effect on that demand which a gratuitous grant of it would have. The reduction of price would not, in the opinion of the committee, have the effect proposed. Occasionally a farmer might add by purchase to his premises, but the demand would not be increased so as materially to affect the sales.

The leading idea in support of this proposition is, that the land remaining for a long time unsold, is by that circumstance proved to be inferior in quality and of little value; and that the length of time during which it has sought a purchaser in vain, is a criterion by which to determine its value. When, however, it is recollected that government does not limit the quantity of land brought into market to the demands of purchasers, nor withhold the offer of new tracts until those previously offered are sold, but, as the new districts are surveyed, annually offers the domain in quantities much larger than the annual sales, it is apparent that large quantities must remain for years without finding purchasers. If every acre of it was good land, this must be the case. And the fact that land has been some years in market, is by no means evidence that it is worthless, or quite inferior in quality. This is apparent from the tables above referred to, where it appears that, of the class of lands pro

posed to be sold at 40 cents an acre, there have been sold heretofore at the land offices no less than 2,371,756 acres at the minimum price of $1 25; and of the lands proposed to be sold at 60 cents, 3,691,066 acres have been sold; and of that proposed to be sold at 80 cents, 8,730,822 acres have been sold; and 17,706,923 acres of that which, under the provisions of this bill, would have been sold at $1 per acre.

The committee are fully aware that there is a large quantity of land which, from its being low, swampy, and unproductive, or subject to inundation, or other causes, is not only uninviting for settlement, but often injurious to the health or comfort of the neighboring settlers. Much of this may be ditched and drained, or secured by embankments from overflow, and thus be rendered desirable for cultivation. These necessary improvements the government, as a proprietor of the soil, cannot make; and it is certainly desirable that the lands should fall into other hands. Instead, however, of adopting a new system of sales, and different prices, depending upon a criterion at least very uncertain, it seems more reasonable for the government to divest itself entirely of this class of lands and confer them on the States in which they lie. With a view in part to this object, the committee have reported a bill, at the present session of Congress, ceding to the States the lands within their respective limits returned as swamp lands. These, as originally reported, aimounted in the twelve land States to over twenty millions of acres; and although many have been heretofore sold or granted to the States, the quantity yet remaining is large. In several of the States where these lands are situated, the necessity of adopting some general system to reclaim them has long been urged upon Congress. On the lower Mississippi the health of the community and the safety of their property require it, and Congress has already granted the overflowed lands to the States in which they lie, to aid in the work. Many of these lands, when reclaimed, become fertile and valuable, but in the hands of the government they are of no importance. Apportioned among individuals, in small quantities, they would be of no sufficient value to secure the necessary improvements. The States are the only safe depository of the title-having the power to adopt such measures in regard to their sale, improvement, and reclamation as a just regard to the best interest of all concerned may dictate.

This portion of the public domain not valuable for settlement, and therefore not sought by purchasers, can be retained by the government only to the detriment of others; and it better accords with the relations existing between the land States and the citizens thereof on the one part, and the general government on the other, to cede these lands to the former, than to dispose of them for nominal amounts to individuals. The duty of the general government to promote, by grants of land in these States, the means of communication and transportation for the benefit of settlers and for the increase of the sales of the public domain, is recognised by numerous appropriations for that purpose, and there is on the table of the Senate a bill for additional grants for that purpose to several of the States, making them equal to others which had received larger grants in proportion to their several areas. These bills, together with others which have passed the Senate, granting alternate sections for specific works, will, if they become laws, cede to the States a large portion of the land of which the price would be reduced under the graduation bill.

The acquisition of immense territory to be administered by the govern ment in California and New Mexico, and the extensive region of Oregon not yet open for sale, admonish us of the extent of our land system, and of the necessity of adopting and maintaining rules of the greatest simplicity and most practical utility. With the great and embarrassing labor consequent on the management of a domain so widely extended, with which such important interests are connected, and in the conducting of which so many difficulties necessarily occur, the complication of the system would lead into great if not fatal difficulties.

The principles which, in the opinion of the committee, should govern the action of Congress on this important subject, are few and simple, and may be thus stated:

1. One uniform price should be fixed for the sale of the public domain, as under the present arrangement. This price should be such as the best of lands ought to command, and so low as to make the burden of pur chase light. The distinction now made in favor of the actual settler should be kept up, and, if found in its practical operation necessary or expedient to do so, should be made still more favorable to him; and in the territories not yet exposed for sale, the most liberal policy towards the original settler should be adopted.

2. All lands which cannot be well administered by the government, or which require labor or expense to make them useful, or which, from want of fertility or any cause, cannot or should not command the minimum price fixed by law, should be granted to the respective States in which they are located, to be disposed of by them, and the proceeds, if any, to be applied to useful purposes.

3. Grants of land to aid in constructing the improvements necessary for internal communication in the land States should, from time to time, be made to the States as the exigency of the case and the dictates of sound policy may require.

With these general views on the subject, the committee cannot advise, at the present time at least, the adoption of any of the systems proposed; and therefore recommend that the said bills do not pass, and the com mittee be discharged from the further consideration of the said petitions, memorials, and resolutions.

1st Session.

No. 168.

IN SENATE OF THE UNITED STATES.

JULY 19, 1850.

Submitted, and ordered to be printed:

Mr. FELCH made the following

REPORT:

The Committee on Public Lands, to whom was referred the petition of Peter Holcer, alias Holser, William Rierden, Leonard Cameron, James Tucker, and others, praying for the confirmation of certain lands in Missouri claimed by them severally, on the ground of concessions from the government of Spain and of settlement rights acquired by themselves, or other relief in lieu thereof, respectfully report as follows:

The claims presented to the committee may be arranged in five classes, and will be so considered in this report.

1. The first class embraces the claims of the following petitioners, viz:

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These claims appear never to have been acted upon by any board of commissioners appointed to examine the claims of the settlers in the territory ceded by France to the United States, nor of the courts to which authority was given to adjudicate in specified cases. The claims of these petitioners rest exclusively on settlement and cultivation of the land, without proof of any right under concession, grant, or other official act, by competent authority, previous to the cession of the territory to this government. Numerous acts of Congress have heretofore been passed extending the most liberal provisions to the settlers in Missouri. The committee have carefully examined the facts presented by these petitioners, and are satisfied that they do not bring their claims within any of

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