HENRY CLAY
CONTEMPLATES THE PASSAGE OF THE PREEMPTION LAWS – THE LEGAL DOCTRINE WHERE FEDERAL LAW IS THE HIGHEST AUTHORITY; THEREFORE, MAKING IT THAT FEDERAL LAW SUPERSEDES OR SUPPLANTS ANY STATE OR LOCAL REGULATION OR STATUTE THAT CONFLICTS WITH IT.
CLAY, HENRY. (1777-1852). American statesman. Autograph Letter Signed, “H. Clay”. Two pages, quarto. Washington, March 25, 1836. Very fine condition. Addressed on integral address leaf to “Major R. Graham, Hagle Wood, near St. Louis, Missouri”, in Clay’s hand, with his free-franking signature and “Washington” postal cancellation. Clay writes:
“My Dear Sir, I duly received your obliging letter of the 1st inst. The preemption laws have got into very bad repute, owing to the abases which have grown up under them, and I am inclined to think will not be renewed. I agree with you in thinking that, fairly interjected, they could never have authorized such an engrossment as Mr. Ramsay is attempting. I am very anxious that James should obtain the quarter section fronting him. If the preemption laws should not be enacted, will it not be for sale, public or private? And cannot James enter it? You will increase my obligation to you if you will assent him in acquiring it. If the pretension and the possession of Ramsay could be purchased by James, would it not be well to give a trifle for it? If Rogers loses his land in contact with you, as I suppose he will, will not he have a right to make up the deficiency in that quarter section?
It affords me great pleasure to learn from you such favorable accounts of James. I am very grateful for your friendly attentions to him; and I hope he will confirm to meet and to receive them. I should hardly have consented to his establishing himself in Missouri, but for his doing it in your neighborhood. What I most fear is that, for the want of occupation, he may be seduced into habits of dissipation. If he were two or three years older, I should be glad to see him happily married.
The prospects of Harrison are certainly increasing and rapidly. If in states where he is stronger than White (and vice versa) no separate ticket is run for White, I do hope and believe that Mr. Van Buren may be defeated. I believe Harrison will get the the [sic] votes of Pennsylvania, Maryland, Vermont, Delaware and perhaps Connecticut and New Jersey, on this side of the mountains. I regard Virginia as uncertain; but a few weeks will throw more light on her course. I am your friend and obedient servant, H. Clay”.
The Preemption Act of 1841, under the guidance of Clay, helped to establish the doctrine of Manifest Destiny in North America. The Kansas and Nebraska Territories were largely settled by such claims. In 1891, the Preemption Act was repealed by Congress and replaced by the Land Revision Act.
Letters with this level of political content, in the moment when such changes were actively taking place, are rarely encountered today, and provide vivid insight into the political workings of the day. Just a fascinating read!
$5750.00