Southern planter., 1832-04-28

The merits and NOT from the age or size ofthc claim
will here romark that rest the claim ofthese indi
viduals not only upon The broad basis Of subsaniIa
e justice, but upon the well-known and established
2 principles Of legal nights TO private properly.
, they cnnnoi establish clearly legn title TO the
land inquestion, according TO the forms and usagc
+ Of the government, under whom they hold, will
bandon their cause, and not trouble Congress far
tlcrwth tho subject and, on this footing, alone
DO place tho claims ofthesc individuals 10 relief
At the hands Of the government.
In the year 1897, The Governor Cencml Of Lou.
isana, ihon in the possession Of Span granted, by
deed OF concession, unto Elisha Winter, one thou
sand arponts squire Of land, and 10 his two sons,
William and Gabriel, each FIVE hundred arpents
square, situate in tho district Of Arkansas for tho
purpose ofpromoiing The agriculture and incroas-
ing tho population Of Ills Majesty's dominions. as
expressed in tho deed Of concession. There was
no condition precedent 10 be performed on tho part
Of the Mesars Winter, afler tho delivery, posscs-
sion and occupancy Of the land by the claimants to
vest in them fec simple titles TO the same. Tho
claimants were put into possession by the command
ant Of the district, within tho time stipulated and,
in fact, performed every thing which ihey were re-
quired TO perform, according to The usages and Gus
toms ol Spain, in good faithto the government If,
by any strained construction ofthe laws, ordDan-
cos, or usages of the Spanish Government, the IL
ties Of the claimants could be considered as in
choae, boy were, 10 all intents and purposes per-
fcied by the treaty of lldeonso, in 1900, by which
that territory was retroceded by Spain TO France
BY that treaty, il was stipulated that the inhabitants
should bo protected in the peaceful possession Of
their property, and that al grants Of land derived
from the governors Of the province, Of whaicvor
description, should be confirmed to them, altho'
not confirmed by the Crown previous TO the treaty.
The claimants were in the quiet possession Of the
land, al the time Of the treaty Of Paris in 1908, BY
which the United States acquired the possession Of
the country, and continued to possess and enjoy
the same for many years thereafter. BY the last
mentioned treaty II was also stipulated that the in
habianis Of the ceded territory should be protected
IN The free enjoyment Of their property. In 1905,
Congress, by an act, organized board Of fcomms.
sonors 10 ascertain the rights Of persons claiming
under French or Spanish grants, and invested that
tribunal with ample power and authority to redeem
the pledge which the government had made with |
the French Republic in relation to the rights Of the
citizens, but the board was limited in It's Jurisdic-
uon TO grants not exceeding one mile square, which
excluded the claimants from tho benefits off pro-
Visions. In 1916 the claimants peiitioned Con
gress for relief; and, in 1917, tho committee 10
whom the subject was referred. reported. mani.
mously, bill 10 confirm their claims and urged. as
reason for making favorable report, the empha-
tic language "lhat the heirs Of Elisha Winter, and
William Winter, cannot DO deprived Of those lands
belonging TO their ancestors without violation of
this treaty, which is declared, by the Constitution,
to be the supreme law Of the land" The subject |
has been urged before Congress, almost every ses-
sion, since that time. Whenever a committee could |
be got to investigate the subject, a favorable re-
port has been made, but, for want Of attention,
press Of fother business or some other cause no bill
has ever yet passed into law Instead ofgrantinp
them the reliefprayed for, and securing the claim.
ants IN the possession Of the lands to which they are
legally entitled the government has disposed ofa
portion OF the lands TO other individuals and in this
summary manner erected the claimants without O.
ven a hearing. They now ask permission to nves-
tigate their claim before judicial tribunal, without
any farther delay or denial Of justice, and we are in
se"eT tossd 20 grant hoir humble request, and re-
deem tho pledge ofour government, after ruimnQ
the claimants, trhng with their feelings, and sport
ing with their rights for quarter Of century.
might occupy the house for hours, upon the so.
lemnity Of treaties, the duties Of government 10 ,ts
citizens in rendering speedy and impartial Justice,
the plighied faith and honor of our country forfeit
cd by holding the rights of her citizens in abey
ance so long as to amount to positive injustice. But
VIII not, on this occasion, so far trespass on the
time aud patience Of the House, as to enter into a
tNh VI Citllu OF tleao INDIVIDUALS.
gin, testimony and progress, before the National
legislature, if progress that can be called which |
has only been postponement and evasion on the
part OF the Government, and ruinous delays TO the
claimants All at this time ask is, that the bill |
may be placed IN a situation where il can be reach
ed among the orders, so that can have hearing
on the merits during the present session Of Con.
gross. have not occupied the time of the House
unnecessarily, on the numerous subjects which
nave been discussed during the session, and there
lore think that have some claims on the indulgence
OF the House TO hearing in favor Of the claimants.
VINO have never had an opportunity Of being heard
IN lnelr own defence, and who have been try-
ing m vain, for the last twenty years. to get perms
SION TO tell the story Of the wrongs and injuries
doee them by their country appeal to my friends
II have mono others on the floor of the House 10
sustain rns in the motion have made, not for any
personal considerations towards me- but as an act
of justice to the claimants. appeal to those gen
emen who have presented petitions and advocated
heir reference by speech of an hour in length. I
when no opposition was made TO their reference /
appeal to those gentlemen in different quarters Of S
he House, who have offered resolutions and made i
ong speeches, when no one could be found to op,
lose their adoption, TO give me an opportunity, not
# making speech, for am not speech.makino b