1To the Hon. The Senate and House of Representatives, of the United States
The memorial of the General assembly of the State of Illinois,
Respectfully represent that on the 19th of June of the past said year the act of Congress on the subject of preemption rights to actual settlers on public Lands expired by
its own limitation, Your memorialists hoped that the provisions of that act would
have been extended by your Honourable Body during its last Session, but having been disappointed in their expectation,
It has become the duty of your memorialists, and they hereby respectfully urge on
your honourable body the reenactment of that Law, or one containing similar provisions at your present
Session
Your memorialists have understood that among the reasons which operated on Congress to allow the preemption Law to expire was the alledged frauds by persons entering on the public Lands, putting up temporary improvements,
and on the first favorable opportunity disposing of their improvements at a high price
to persons disposed to enter and settle on the Lands, To what extent this practice
may have been carried on in other States your memorialists will not undertake to determine
but they have no hesitation in saying, that in this State but few instances of the kind can be Established
Whatever degree of censure or punishment may be due to persons thus engaged, it is
not the intention of your memorialists to excuse or defend, Your memorialists hope
that your honourable Body will agree that no part of these punishments should be visited on the humble
and Enterprising pioneer who has settled down with his family in the wilderness, and
labouring to secure a home for himself and children, In short the innocent should not suffer
with the guilty
Your memorialists will further take the Liberty of suggesting for your consideration,
That our State composes a part of the country known as the Great West. The acquisition of
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which to this great and magnanimous Union has been made by the unparalleled sufferings
and bloo^d^shed of many very many of our Illustrious patriots and fathers, who being actuated
by the spirit of Republicanism have migrated into the far West, bidding defiance to
the cruelties of the Ruthless and insatiable Savage, But at the loss of Thousands
of the noblest and best of patriots, forming of themselves beacons to the eye of enterprising
Emigrants and they have been followed by an influx of population which is rapidly
inundating the whole Western Country with the sordid and avaricious schemes of speculation
in amassing undue quantities of the Lands of our happy Country, and it cannot be misunderstood
that this is one of the most alarming misfortunes which can befall our country, Your
memorialists appeal to a Benevolent Government to appreciate the toils[,] privations[,] and sufferings of the Western pioneer, should your honourable body not grant our request the pioneer must soon again render submission to the unfeeling
and insatiable speculator by a miserable Tenantry, or give place by wending his way
into the farther west, In the untrodden paths of civilized man, we need only call
to mind a repetition of the many tragical and Inhuman Butcheries that this western
country has been particularly subject to, in the acquisition of this fair portion
of the union, while we cannot be insensible that the pioneers of the West have invariably
suffered all the privations and difficulties contemplated, and no portion of our country citizens have been more ready from the impulse of patriotism to defend our rights
from hostile invasion. We have in addition a highly respectable portion of citizens
who have left the original walks of early life to find an asylum in the west, when
by the dint of Industry and economy they might have an opportunity of becoming an
independent Yeomanry, which had long since been denied them in the original walks
of their fathers. Believing that our Republican government cannot act with more propriety
regarding that high standing
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for magnanimity and benevolence to which she has attained than to act with benevolence
towards its people and in protecting and administering to the wants of the pioneer,
and poor man of the West, By extending to him such whole some provisions of Law as may enable him to procure a portion of the soil necessary for
the maintainance of his family. Your memorialists further mo[re] represents to your honourable body that since the present preemption law expired many of our worthy and honest citizens have been driven from
their homes not being able to enter their Lands, others in order to save a small tract
of Land have parted with all their property and there still remains many who are left
entirely to the cold charity of the speculator, a miserable condition for the poor
man, and from which your honourabl[e] body alone canreleive .
Your memorialists would further represent that in addition to those settled on the
public Lands as cultivators of the soil many mechanics and in the Northern parts of
our state other persons have on the invitation of the government commenced mining
for Lead ore on the public lands and have made valuable discoveries thereon, and as
most of the country is in progress of survey and preparation for market, both the
cultivators of the soil, the mechanic[,] and those engaged in mining operations, will be brought into competition with the
capitalist and speculator, we would therefore respectfully and most earnestly request
that these classes of ^our^ citizens may be protected in the possession of their homes, the fruit of their labour by an extension of the right of preemption, or the restriction of the sales of the
public Lands to actual settlers, and that where improvements have been made on the
public lands previous to their being
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surveyed or offered for sale, that the occupant if a farmer or mechanic shall be entitled
to purchase 160 acres of Land in forty or eighty acre tracts so as to be secure their improvements in the best manner and that those engaged in mining operations
shall be entitled to a preemption to forty acres of Land, to include his diggings
if a subdivision of any quarter section by East and West or North and South lines
will secure his lot. If it will not, then he shall take such subdivision of said
quarter Section as will include the greatest portion of his mineral Lotts to be ascertained by lines as aforesaid, And your petitioners as in duty bound will
ever pray.2[ docketing
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7.
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Memorial
Jany[January]
Jany[January]
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Memorial to Congress on the Subject of granting preemption rights on public lands &c.[etc.]
1On December 10, 1836, Braxton Parrish in the Senate introduced a resolution calling for a joint select committee to consider the propriety
of drafting a memorial to Congress on the subject of granting preemption rights to settlers on surveyed and unsurveyed
public lands in the state. The Senate adopted the resolution by a vote of 37 yeas to 2 nays. The House of Representatives adopted the resolution on December 14. On January 3, 1837, Parrish of the joint select
committee introduced the petition in the Senate, and the Senate tabled it. On January
6, the Senate took up the memorial, adopting it by a vote of 27 yeas to 8 nays. On
February 13, the House adopted the petition. On February 15, the Senate delivered
the petition to Governor Joseph Duncan for his signature.
Illinois House Journal. 1836. 10th G. A., 1st sess., 36-37, 191, 253, 585; Illinois Senate Journal. 1836. 10th G. A., 1st sess., 31, 144, 165, 411, 439.
2In May 1830, Congress enacted a general law granting preemption rights to settlers. This law expired in
May 1831. On June 19, 1834, Congress passed a law reviving this act of May 1830.
This law expired on June 19, 1834. On June 22, 1838, Congress passed another law reviving
the 1830 law to run until June 1840.
“An Act to Grant Pre-Emption Rights to Settlers on the Public Lands,” U.S. Statutes at Large 4 (1830): 420-21; “An Act to Revive the Act Entitled ‘An Act to Grant Pre-Emption
Rights to Settlers on the Public Lands,’ Approved May Twenty-Nine, One Thousand Eight
Hundred and Thirty,” U.S. Statutes at Large 4 (1834): 678; “An Act to Grant Pre-Emption Rights to Settlers on the Public Lands,”
U.S. Statutes at Large 5 (1838): 251-52.
Handwritten Document, 4 page(s), Folder 524, GA Session 10-1, Illinois State Archives (Springfield, IL) ,