Edwardsville spectator. [volume] (Edwardsville, Ill.) 1819-1826, 1820-12-26

lore nave not yet had sulhclent time 10
examine it satisfactorily.
Yours, respectfully,
DAN'L. P. COOK.
MADE THE 9th OF NOVEMBER, 1920.
Read, and ordered 10 lie uton tic table.
The committee on Public Lands, to whom was
referred the petition Of James M'Roberts, Of
the state of Illinois,
REPORT
That the petitioner sets out in his petition,
that he was an actual settler in the Illinois
country, in the year 1886; and, in that year,
made an improvement, and cultivated field
OF corn; that, by virtue of an act Of Congress,
afterwards passed, he was entitled, for such
Improvement and cultivation, to be confirmed
in the possession Of 400 acres Of land; that
Governor Harrison, by virtue of the powers
vested in him, during a short visit to that coun-
try, confirmed to him one hundred acres, upon
the testimony then furnished; but, consider
ing his claim as well founded to 400 acres as
it was TO one hundred, when the Board CT
Commissioners, appointed to examine and ad-
just the land titles in the Kaskaskia district.
was organized, he made application for the
additional quantity Of 500 acres, and produced
other proof in addition to that, which, from
the shortness of Governor Hariison's visit, he
was only enabled to produce in the first in
stance. The Commissioners informed him,
that his proof was sufficient. and that, in all
such cases, they granted 400 acres; but, as
they did not conceive themselves authorized
TO re-cxaminc the cases which had been acted
upen by the Governor, they could not grant
him the additional quantity, but promised to
make representation OF his case to Congress
which to his knowledge they never did.
From the evidence accompanying the petit
ton, itappears fully to the committee, that the
petitioner did improve, and cultivate, as is set
out in his petition, in the year 1896; bat, from
no law, which has come within the observation
OF the committee. does it appear, that such
improy cment and cultivation entitled the pcti-
TONER to any specific quantity of land. The
4th section of the act of Of Congress, to which
the petitioner must refer his title, passed
March Sd, 1871, is in the following words
Sc Sec. A. Where lands have been actually inn
proved and cultivated at Vincennes, or in
the Illinois country, under a supposed grant
of the same, by any Commandant or Court,
claiming authority to make such grant, the
Governor of the said territory hereby is en-
powered 10 confirm to the persons, who made
such Improvements, their heirs Or assigns, the
lands supposed to have been granted as aiore-
said, or such parts thereof as he, in his discre-
ton, may judge reasonable, not exceeding, to
any one person, four hundred acres" (See
Land Laws, page 1857 How far, by virtue Of
this section, it might have been proper for the
Governor to dispense with evidence upon
which to rest the snposihon of a grant from
some officer competent to make it, before he
confirmed to the petitioner any quantity of land
whatever, is not now necessary to be eXamin-
ed. That act is complete and unaiterable,
The committee, however, under the suppose
ton that such evidence was adduced (Which
does not appear by any thing contained, either
in the petition or proofs offered in its support)
conceive, that the Governor was vested with a
discrctional power to fix the quantity at any
thing less than 400 acres and having, in the
exercise of that discretion confirmed 100 acres
to the petitioner, they can see no good reason
for extending the munifcence of the govern
ment, at this time, and the more especially as
it does not appear by any thing shewn by the
petitioner, that his claim exists, in any degree,
upon previous grant from any competent
officer to make it.
In the exercise of such discretion as that
with which the Governor seems to have been
vested, it is to be presumed he acted with i'm
partially, and confirmed to each claimant, 9
quantity proportional to the strength and me
rit of his claim. To act in and under differ
tent hypothesis, would again throw open the