Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-10-22

y,
overwhelming calamity are as imperative in their cha
racter as any which have been assumed in the Creek
Treaty. Al least they in'crpo-e considerations OF equal
weight should suppose, with those 10y which has been
induced oovcrioOk these ohl until the pres en-, time
is not 10 be lost sight Of that these people do TO,
stand ~ the hight ot irtruers who have settled upu the
public land, aud continued their svte,n,s against the
orders OF The government rs hctore remark cd since
your letters to Col King Others OF the S December
'' All VINO were then ia the country had permission to
remain until the selcc ons were ma e This YOU say,
gwen rs donht"ss was, "upou the presumption iha,
e country would be surveyed and The SELECTIONS ,uae.
i; ', M""' "e time to pat Ia another crops and also
!" e orv' that no Inconvenience or niy would result,
10 TIE i"hans." You further ohsrrvc, that lin both
"".e expectations there has been dis'ppnintneut'
The delay in making the locations not produced 10y
any OF the settlers 'm the injuries copancd Of have beer
ihhi' ei 10y but lew. II The II Il cause of dsappoin,
ment be matter OF complaint the sin does not lie at ,c
door sni o',nee'h have been committed justice demsni
that the perpetrators alone should be punished
The iI article OF the treaty Of NJ arch lss, 20.
q"ireS That all utrud"rs upon the coun,ry hcrebv rr
cd sh'1 DC removed ,hercIon in the same manner
lru"'r' may tee removed from oher putic land, until
me country u surveyed and the selections nadc," &C..
f"r the "m'nn"r OF removal YOU rc!cr TO the act OF
'hSresS OF Nhe 3d March, 1891 and take Tor granted
@ !" d" Eases oil settlement upon The puIhc land, the
employment al military force may be resortcd |
nave no disposition TO question the cOnstutonaty this
act, but doubt the correctness OF construction
u not the intention O Congress, in passing the act
OF 1891 to restrain persons from settling the public lands
who had no object in view beyond their Guilt alton
Any who is conveIsant with the fraudulent claims
which individuals we'll companies had set nm IN
large tracts oil land, before and At the period when the
act IN question WAS passed, will find difficulty i'm per
rrNng that The principal, if not only purpose Con
gress was to prevent ,em from obi aiming by
wch hey expected 10 give strength and validity to their
c'A'hS me 400 purchase, effected by fraudulent
contract with the State of Georgia embraced thirty five
uon' oi acres 1t was believed by those Interested in
'his contract ;ha they would be in situation
wan The government, with better prospects Of success
'hey could succeed in making settlements upon the ter
rioy they had purchased Iewas their object To decide
the controversy by suits law and 10 this end hev had
determined TO place emseives the attitude of defend
as, 10y taking possession OF the trac, Of coun,rv in
"s county oil Madison, in this State is situated.
The Act OF 1907 framed counte ract the views Of
these and other fraudulent claimants and to prevent such
persons only from making settlements, entertained
Gesgn oil opposing the policy of the nd-
Gated in the rules an regulations established by
respecting the territory OF the u. States
This view is confirmed by the fact, that as often a.
The settlers upon whom the act was TO operate ar,
mentioned, their clims nl,o adveried to- and In.
severes penalty denounced against them is the fort, iture
Of these claims
All persons who had made settlements previous to the
pSe vi inc act are permitted TO remain, provided the y
VIII sign declaration that they do lay any claim ic
the land, and do occupy the same by virtue Of any
si"m derived iiom any person whae ger aud provided
may purchase OF the United States Ifihey refuse 10 su
mt TO these conditions, the Marshal a, any time after Tho
hrsl OF January and after three months notice. is au-
hoF%e" 10 remove them, and they incur the penalty of
on" hundred dollar, and imprisonment not exceedn x
hoh'' Tue evidence TO be furnished against those no
may tie Indicted, among other things, is the certificate Of
the register that their claims the land they had occu
pea mad moi been recognized aud confirmed by the u.
Those who Ike settlements after the passage Of tho ar,
AT The discretion OF ie President may be removed bv
me Marshal and they forfeit all tile 10 yyhate yer
States. Wv '"
recital Of the several of Congress passed. in re
non TO persons who have occupied and cultivated the pub
NC Janus, WIN confirm The opinion sill more concusvely
that that body did not intend prevent their cultivation
the act of 1897. y
by the At of lOlh My, 1890, " each person who b
lore The passage oi the shall Lave erected or begun IN
sI's'-ni'i or Sawnlll upon any of the lands here
sol All ha itl. "A
OF the section Including such MILL the rate of two dol
lars per acre" " "
hy The Act OF the 5h Feb, 1912, "every person or
VIZ OF every person. whohas actually
imhahed aud cultivated a tact Of land living in ether
the ui:'ics Established for the sale of The public lands
" e ilhois eTritory which is MOI claimed nv any
ohr person. and who shall have removed from said
sha every s"ch person aud his legal representatives
sn"' DC ehuied TO preference in becoming tho pur
chaser from The United States OF such tract of land a, n
SALE " 'u '' pr
by the Act Of I2h April, 1911, "every person aal the
representatives. OF every person. who las actually
inhabited ani cultivated Of land living in ,Ia par,
ol me STATE OF Louisiana which composed the late terri
not rghifuy claimed by any 9TH r person and yho not
nave removed from said State Territory shall be emit
me sish' Of presumption in tie purchase thereof"
ny tbs Act OF 22d April, 1926 every person or the
Iepres thta'ves ct every person, who bring either
we mead OF family or twenty years OF .yc did on
or before he first day OF January 1925 acua7c nhaS,
and cultivate tact OF land situated in the Territory -,
Florida, which tract is ghtiuly claimed bv anc osr
person and who shall not have removed from the .ai
the purchase thereof IA
by The 9th section of the same CT "evetv nerso, o
" vi ner ieS"i representatives, comprsed IN the .t Of
nc ua s''erS, reported the commissioner of the gene
ANA ONCE, ny the tegttr AMI receiver tor the dr 81
'Ac"soA Cou'i House, in the Safe Of Sisssippi AN
er e a"'OTIy oil an act OF Congress entitled an act
sc no nav ng any written evidence of claim I'm land H.
s"li 81 iTc and who tie third day of March 1910 d;J
"cay a3f and cultivate of land in said ist, il,
ho' Claimed nc shall be entitled the right OF the pre-
emp i9n on becoming he pa chaser of The Unied States
OF such tract o. land. (See Co: dons Digest hon ~
these eXtracs tax ny
t"ch OF these Acts embraced settlers in na,tieulsr
"I ef,tory ana were generally passed in aiticipa
non oil the sales OF the public lands But the Ac, nj IS3o
"nt'ever, who had settled upon the public domain
ny thA Act Al - provided tina, every settler or occu
PAM VI me pune Lands, prior 10 the passage of this ACT,
VINO Is now ~ possession and cultivated any pst thereof
III me year l52o shall be and he is hereby authorized o
e'er' WIN the Register OF lie Land Office for the dis
lc' 10 wbicb such lands may ~, by legal subdivisions
my number OF acres not than 100 or quarter section
10 include his Improvement, upon paving to The u State
We WheH minimum price Of the aId.'
here Is continued of Acts e,br,cino ara,
unUuSh Periol OF thirty years, all conlering IN.
on Se'ers t,e valuable privilege of pre- cmpon Thrv
s'D" OeyOhd dispute, that during this time il was the SET
lIed policy OF the Government 10 turour,oe onr ill.,,
70 see ana occupy the public lands that Ibis class of on,
population has always been esteemed highly ncrorious
anu '' the exclusive right 10 purchase al private sale has
"'cn eN'chH"i 70 uem, In consideration Of and a. re
war" 'o' U'e services they have rendered by these sa
chS nv testing the value aud of lilo oil
T I w "'''in"S i'ciities to purchasers examine it,
use dcs nave hre1 passed with the execution Of ia
OF lSoV subsequently 10 1867 and il ii he chine IN c
uVa'e the pIbiic lend. the government has sniorneJ %
cz@n' TO 49, preparation, by Offering them, large re- ward.
ana cOnieTflng on Them valuable priviecos