WHEN arrested in the
progress of my remarks yesterday, I was about to say that I approved of the
main object of the bill reported by the Committee on Agriculture, and which had
been advocated with so much zeal and ability by the gentleman from Tennessee
[Mr. Johnson]. I was about to say that my judgment approved the policy of
supplying, by some appropriate means, a home to every citizen.
Ours is essentially
an agricultural community. The national prosperity of this country, more than
any other, depends upon the production of its soil. Whatever tends to increase
that production, enhances the national wealth, and, by consequence, increases
the national prosperity. The first care of this nation should be to promote the
happiness and prosperity of its citizens; and acting on this hypothesis, it has
been my constant aim to promote the passage of all laws which tended to
ameliorate the condition of the toiling millions.
I have always
thought, and now think, that some salutary reform in our land system, by which
a fixed and permanent home should be placed within the reach of every citizen,
however humble his condition in life, would promote the national prosperity,
add to the wealth of the states, and give fresh impetus to the industry and
perseverance of our people.
I repeat, sir, that
I am for giving to every man in the United States a home—a spot of earth—a
place on the surface of God's broad earth which shall be his against the
demands of all the world—a place where, in the full enjoyment of all his
senses, and the full exercise of all his faculties, he may look upon the world,
and, with the proud consciousness of an American citizen, say, This is my home,
the castle of my defence; here I am free from the world's cold frowns, and
exempt from the Shylock demands of inexorable creditors. These, sir, are my
sentiments, long entertained, and now honestly expressed; nor am I to be
deterred from their advocacy by any general outcry. Call these sentiments
Socialism, Fourierism, Free-Soilism—call them what you please—say this is the
doctrine of "vote yourself a farm"—say it is anti-rentism—say what
you please—it is the true doctrine; it embraces great principles, which, if
successfully carried out, will lead us on to higher renown as a nation, add to
the wealth of the separate states, and do more for the substantial happiness of
the great mass of our people than all your other legislation combined.
Congress has been in
session nearly eight months, and what have you done?—what have you been trying
to do? More than six months of that time has been expended in attacking and
defending the institution of slavery—the North depreciating and trying to
destroy the sixteen hundred millions of dollars invested in this species of
property; and the South, forgetting for a season her party differences, banding
together for the defence of this vast interest. Sometimes the monotony of this
tedious drama has been relieved by a glance at other matters,—a member has
appeared to advocate the manufacturing interests, or possibly to put on foot
some grand scheme of internal improvement. But, whatever has been said in all
our discussions, or by whomsoever it has been said, "the upper ten"
have been constantly in view. No one has thought it worth his while to take
account of the wants of the millions who toil for bread. The merchants and the
manufacturers, the mariners and the speculators, the professions and the men of
fortune everywhere, have their advocates on this floor. I speak to-day for the
honest, hard-fisted, warm-hearted toiling millions—I speak here, in the
councils of this nation, as I speak in the midst of my constituents; and whilst
I do not object to the consideration which you give to other interests and
other pursuits, I stand up here to demand even-handed justice for the honest
but humble cultivator of the soil.
I cannot forget my
allegiance—I know the men whose devotion sustains this government—I know the
men whose friendship sustains me against the attacks of slander and the
malignity of the interested few. For them I speak, and by no senseless cry of
demagoguism, will I be turned from my purpose of vindicating their rights on
this floor.
Talk, sir, of your
lordly manufacturers, your princely merchants, your professional gentry, and
your smooth-tongued politicians. The patriotism of one simple-hearted, honest
old farmer would outweigh them all; and, for private friendship, I had rather
have the hearty good will of one of those plain old men than the hypocritical
smiles of as many of your smooth-tongued oily fellows as would fill this
Capitol from its dome to its base.
It is my fortune to
represent a constituency in which is mingled wealth and poverty;—whilst some
are wealthy, and many possess more than a competency, there are many others on
whom poverty has fixed his iron grasp. All, I hope, are patriotic. But, sir, if
I were going to hunt for patriots who could be trusted in every emergency;
patriots who would pour out their blood like water; and who would think it no
privation to lay down their lives in defence of their country, I would go among
the poor, the squatters, the preemptors, the hardy sons of toil. Though I should
expect to find patriots everywhere, I know I should find them here.
Sir, in the great
matter of legislation, shall men like these be neglected? I invoke gentlemen to
forget for a moment the loom and the furnace, the storehouse, and the ships on
the high seas, and go with me to the houses of these people; listen to the
story of their wrongs, and let us together do them justice.
Men in affluent
circumstances know but little of the wants of other men, and, unfortunately,
care less for the miseries of the poor. Rocked in the cradle of fortune from
infancy to manhood, they do not understand why it is that some men toil with
poverty all their lives, and die at last in penury. Let gentlemen picture to
themselves a man reared in humble life, without education, and with no fortune
but his hands; see him going into the wild woods with a wife and a family of
small children, there, by his unaided exertions, to rear his humble dwelling,
to clear the forest and make way for his planting. See him after the toils of
the day are over, returning to that humble dwelling to receive the smiles of
his wife and hear the merry prattle of his little children. Watch him as he
moves steadily and firmly on from day to day; fancy to yourself his heart
buoyant with hope as he marks the progress of his growing crop, and pictures to
himself the happiness of his wife and little children when he shall have
gathered the reward of his summer's toil, sold it, and with the proceeds
secured this his humble home.
Look, sir, at this
scene; gaze on that sun-burnt patriot, for he is worthy of your admiration. Now
go with me one step further, and behold the destruction of all these fairy
visions; blighting seasons, low prices, disease, a bad trade, or some
unforeseen disaster has overtaken him. His year of honest industry is gone-the
time has come when government demands her pay for this poor man's home. He is
without money—government, with a hard heart and inexorable will, turns coldly
away, and the next week or the next month she sells her land, and this man's
labor, his humble house and little fields, are gone. The speculator comes, and
with an iron will, turns him and his family out of doors; and all this is the
act of his own government—of a government which has untold millions of acres of
land. Now, Mr. Speaker, let me ask you, can this man love a government that
treats him thus? Never, sir, never. To do so, he should be more than man, and
scarcely less than God. Treatment like this would have put out the fire of
patriotism in Washington's breast, and almost justified the treachery of
Arnold.
Instead of treating
her citizens thus, I would have this government interpose its strong arm to
protect them from the iron grasp of the heartless speculator. By doing so, you
encourage industry, promote happiness, develope the resources of the soil, make
better men and purer patriots. In a word, you perform a vast amount of good
without the possibility of doing harm.
Not having seen the
bill reported by the committee under circumstances which afforded an opportunity
for a critical examination, I am not prepared to say that its details meet my
approbation.
I am disinclined to
give to the settler an absolute title to lands. I am so, sir, because I would
secure him in the possession of his home against his misfortunes, and even
against his own improvidence. If he is an honest and industrious man, he should
have a home where that honest heart could repose in peace, and where the hand
of industry could find employment. If he be dishonest, give him a home where,
in the bosom of his family, he may hide his shame, and where they may find
shelter from the frowns of a cruel world. If he is idle and worthless, give him
a home where his wife and children may toil, and, by their example, bring him
back to habits of honest industry. In any and in every event, give him a home,
and secure him in the possession of that home, against all the contingencies of
life and vicissitudes of fortune. When you have done this, rest satisfied that
you have at least made a better man, and done something towards the general
prosperity.
My own scheme has
been reduced to the form of a bill, and before I take my seat I beg leave to
send it to the Clerk's desk, that it may be read—promising that I am wedded to
no special plan. The object is a good one; it meets my cordial approbation, and
I shall most heartily unite in any scheme which gives reasonable promise of
success.
I offer the paper
which I hold in my hand as a substitute for the original proposition, and ask
that it may be included in the motion to print.
Mr. Brown's
proposition was read.
Strike
out all after the enacting clause, and insert as follows:
That
the laws now in force granting preemption to actual settlers on the public
lands, shall continue until otherwise ordered by Congress, and that the same be
extended to all the territories of the United States.
SEC.
2. And be it further enacted, That from and after the passage of this act, the
rights of preemptors shall be perpetuated: that is to say, persons acquiring
the right of preemption shall retain the same without disturbance, and without
payment of any kind to the United States, but on these conditions: First, The
preemptor shall not sell, alienate or dispose of his or her right for a
consideration, and if he or she voluntarily abandons one preemption and claims
another, no right shall be acquired by such claim, until the claimant shall
first have testified, under oath, before the register of the land office when
the claim is preferred, that he or she has voluntarily abandoned his or her
original preemption, and that no consideration, reward or payment of any kind
has been received, or is expected, directly or indirectly, as an inducement for
such abandonment; and any person who shall testify falsely in such case, shall
be deemed guilty of perjury. Second: Any person claiming and holding the right
of preemption to lands under this act, may be required by the state within
which the same lies, to pay taxes thereon in the same manner, and to the same
extent, as if he or she owned the said land in fee simple; and in case such
lands are sold for taxes, the purchaser shall acquire the right of preemption
only. Third: Absence of the preemptor and his family for six consecutive
months, shall be deemed an abandonment, and the land shall, in such case,
revert to the United States, and be subject to the same disposition as other
public lands.
SEC.
3. And be it further enacted, That lands preempted, and the improvements
thereon, shall not be subject to execution sale, or other sale for debt; and
all contracts made in reference thereto, intended in anywise to alienate the
right, or to embarrass or disturb the preemptor in his or her occupancy, shall
be absolutely null and void.
SEC.
4. And be it further enacted, That the preemptor may, at any time, at his or
her discretion, enter the lands preempted, by paying therefor to the proper
officer of the United States one dollar and twenty-five cents per acre.
SEC.
5. And be it further enacted, That in case of the preemptor's death, if a
married man, his right shall survive to his widow and infant children, but the
rights of the older children shall cease as they respectively come of age, or
when they reach the age of twenty-one years; in all cases the right of
preemption shall remain in the youngest child. And in case of the death of both
father and mother, leaving an infant child or children, the executor,
administrator, or guardian, may at any time within twelve months after such
death, enter said preempted lands in the name of said infant child or children,
or the said preemption, together with the improvements on the lands, may be
deemed property, and as such, sold for the benefit of said infants, but for no
other purpose, and the purchaser may acquire the right of the deceased
preemptor by such purchase.
*
* * * * * * * * *
In reply to Mr.
Morse, of Louisiana, Mr. BROWN said: Mr. Chairman, the gentleman from Louisiana
[Mr. Morse], in the progress of his remarks was understood by me to assume the
ground that my proposition is unconstitutional. I did not, as you know, Mr.
Speaker, undertake to explain, much less to vindicate that proposition. Its
provisions are so few and so simple, that it may be well left to speak its own
vindication, even against the furious assault of the honorable gentleman.
It proposes simply
to perpetuate a law which has stood for years on your statute book, an
honorable monument to the wisdom and justice of Congress. To-day, for the first
time, it has been discovered to be unconstitutional. The preemption law
struggled into existence against the combined opposition of many of the first
minds in the country. It has received the repeated sanction of Congress, and
to-day I know of no man from the new states who desires its repeal, or who has
the boldness to avow such desire if he feels it. Instead of limiting the right
of the preemptor to one year or two years, I simply propose to perpetuate that
right, and this is the measure which the astute gentleman from Louisiana says
is unconstitutional. I shall not stop to vindicate the measure from such a
charge. The government has full power to dispose of the public lands, and in
the exercise of this power, it has from time to time reduced the price, and in
many hundred instances given them away.
I ask the honorable
gentleman if the act by which five hundred thousand acres of the public lands
were given to the state of Louisiana was unconstitutional? Were the various
acts giving lands to the states, Louisiana among the rest, for educational
purposes, unconstitutional? Did the honorable gentleman violate the
Constitution last year, when he voted to give to his own state five millions of
the public lands for works of internal improvement? Did we all violate the
Constitution the other day, when we voted bounty lands to the soldiers of the
last war with Great Britain and all our Indian wars?
No one knows better
than the honorable gentleman, that this government has habitually given away
the public lands—given them to the states for internal-improvement purposes;
given them to establish colleges and primary schools; given them to railroad
and canal companies given them to states and to soulless corporations, for
almost every conceivable purpose; and all this has been done within the
Constitution; but now, sir, when it is proposed to allow the humble citizen to
reside on these lands, the gentleman starts up as though he had just descended
from another world, and startles us with a declaration that we are violating
the Constitution.
It has pleased the
honorable member to denominate this as a villanous measure; and with great
emphasis he declares, that its supporters are demagogues. It will not surprise
you or others, Mr. Speaker, if I speak warmly in reply to language like this.
The gentleman was pleased to extract the poison from his sting, by declaring
that he used these words in no offensive sense. In reply, I shall speak
plainly, but within the rules of decorum.
"Demagoguing,"—“demagoguing,"
says the honorable gentleman, "for the votes of the low, ill-bred vagrants
and vagabonds." Sir, this is strange language, coming from that quarter. I
know something of the gentleman's constituents. Many of the best of them are of
this despised caste; many of them are the low, ill-bred vagabonds, of which the
gentleman has been speaking. Many, very many, of them are squatters on the
public lands. Sir, I should like to hear the honorable gentleman making the
same speech in one of the upper parishes of Louisiana, which he has this day
pronounced in the American Congress. I can well conceive how his honest
constituents the squatters, would stare and wonder, to hear a gentleman, so
bland and courteous last year, now so harsh and cruel. Yes, sir, the
gentleman's squatter constituents would stand aghast to hear the representative
denouncing them as a dirty, ill-bred set of vagabonds and scoundrels—when the
candidate, with a face all wreathed in his blandest smile, had told them they
were the cleverest fellows in the world!
It may do very well,
Mr. Speaker, for gentlemen, when they come on to Washington, to get upon stilts
and talk after this fashion. It may sound beautiful in the ears that are here
to catch the sound, thus to denounce a measure intended to relieve the poor
man's wants as villanous, and its advocates as demagogues. But, sir, I take it
upon myself to say there is not a congressional district in the West or
Southwest where a candidate for Congress would dare to use such language.
Sir, I know very
well how popular electioneering canvasses are conducted, and bold and valiant
as the gentleman is, he would scarcely commit the indiscretion of saying to any
portion of the voters in his district that they were an ill-bred set of
vagabonds, and if he did, they would hardly commission him to repeat the
expression in Congress. Let me warn the gentleman, that if the speech made by
him to-day shall ever reach his constituents, it will sound his political
death-knell. If I owed the gentleman any ill-will, which I take this occasion
to say I do not, it would be my highest hope that he would write out and print
that speech just as he delivered it. I should at least have a comfortable
assurance that the speech would be the last of its kind.
In conclusion, Mr.
Speaker, I have to repeat that, notwithstanding the maledictions of the
gentleman from Louisiana, I am still for this proposition; and though that
gentleman may continue to denounce the squatters on the public lands as a
worthless, ill-bred set of vagabonds, I am still their friend. They are honest
men, pure patriots, and upright citizens. They are worthy of our care. If the
candidate can afford to flatter them for their votes, the representative should
not skulk the responsibility of voting to protect their interests. I hold but
one language, and it shall be the language of honest sincerity. I would scorn
to flatter a poor squatter for his vote in the swamps of Louisiana, and then
stand up before the American Congress as his representative, and denounce him
as a worthless vagabond.
Sir, if the men are
worthless the women are not, and I could appeal to the well-known gallantry of
the honorable member to interpose in their behalf. If you will do nothing for
the ruder sex, interpose the strong arm of the law to shield the women and
children, at least, from the rude grasp of the avaricious speculator. If a man
be worthless, let the appeal go up for his wife and little children. Secure
them a home, and that wife will make that home her castle. It will shelter her
and her little children from the rude blasts of winter, and the rude blows of a
wicked world. She will toil there for bread, and with her own hand. plant a
shrub, perchance a flower. She will make it useful by her industry, and adorn
it by her ingenuity. Give it to her, sir, and she will invoke such blessings on
your head as a pious woman alone can ask.
I thank the
gentleman from Louisiana, not for his speech, but for his courtesy in giving me
a part of his time in which to reply.
SOURCE: M. W.
Cluskey, Editor, Speeches, Messages, and Other Writings of the Hon.
Albert G. Brown, A Senator in Congress from the State of Mississippi, p. 194-9
