Richmond enquirer. [volume] (Richmond, Va.) 1815-1867, 1833-10-29

he sell to Oper0te,
mentioned their claims are adver,ed and the severes,
penalty denounced sgains, them, the forfeiture OF their
claims. ~
Imagine there I. n un upon this subject
which moro critical Examination oil the Act will remove
Its sheet doubtless to prevent all Unauthorized settle
menS upon the public Lands, whether made without or
under color Of title II the former the intruder was LA
bic TO be removed, and subjected pecunisy pen
atty and to imprisonment II the latter, in addition 10
eviction. TO penalty aud to imprisonment he it-i,ed all
claim to the land and his right passed To the United
States Aud the provisions OF the Act varied,
meet these different cases.
These provisions are:
lf person shall take possession Of public land;
u person shall make a settlement on public land;
person shall cause public land 10 b, occupied taken
possession OF, or settled;
person shall survey attempt TO survey
TO be survs yed, any public tand
person shall designate any boundaries thereon, BY
maj king trees otherwise.
In each of these cases. the prov i.ions Of the law apply
and they do not extend to all intrusions, with whaeve
moe nron the lands Of the u States, words have lost
administrations have nsunde stood their duties, and
the legal onseqences which follow the act OF intrusion
The power Of Congress TO pass laws upon this subject,
s derived from that clause Of the Constitution which give.
them authority TO "mske all needful rules and uaons
respecting the Territory and other property belonging TO
the United States" And indeed, without such a powe r.
Is difficult to convey how any MT could fulfil
some Of its most important functions. As early 1855
this matter engaged the attention OF the Congress
ny military force General Knox, in his report to that
body, that sin opinion the United States
liable to he disappointed in their jus, expectations OF the
great national advantages resulting from wise anni>tra
ton oil the Western Territory, by the evil, Of
and intrusion. than by any other whatever"
sentiment entirely at variance with the idea that
from the public land should he confined those
who enter, shall hold under color Of title Mr. Craw-
lord too. is equally explicit. He says in letter Gen
public lands can be viewed only IS an invasion OF tho
sovereign rights OF the United States. and must he
the Proclamation Of Mr. Madison, Of December l2 1915
directs the removal OF all persons who have umlaw fully
taken possession Of made any settlement the public
lands and 10 effect the said obje CT he authorizes the EN-
ploymet Of such military force may become necessary
pursuance Of the provisions Of the Act Of Congress aore
said, meaning the Act OF March 81, 1907.
You consider, Sir that ga eel al OF The several acts
Of Congress passed in relation persons. who have oc Gu
pied and cultivated the public lands, wilI COZ firm The OBI
non still more concuevely that tina body did moi intend
TO prevent their cultivation and that this the evil
sought TO be remedied by the Act of March 3d. 1907 >
And you then proceed 10 refer TO five Acts Cong es.
pissed between 1900 and 1880, granting presumption
r'ghs TO actual settlers evidence OF the intention of the
National Legislature to encourage the settlement of the
public lands, previously their sale, ami terrifying the
conclusion. that the Act Of 1877 does enbr@ce this
class of citizens
must confess that the subject doe. not thus present
itself to my mind Here is general law forbidding an
Act and providing adequate penalty The Legislature
at various intervals during its existence for asons salts
factory to them relax its provisions by temporary Act
and allow the settlers to remain upon the lands. and
purchase them without competition, giving the IN in
other words, what called pre- -enpton rights These
temporary Acts all expire at stated periods by their
inaton and there is not one OF them in force Do
these exceptions terminate the general law or narrow its
construction! conceive they do neither They are
legislative interpretations which, having effected the object
for which they made leave the general
OF the country as IL was previously.
Permit me to refer you to the following extracts from
Mr.. Crawford: instructions to Col Hawkins Of October
principal he gives for the Of ners upop
the public iancs is to prevent the existence of these pre-
en- tion rights.
"Should force become necessary in the execution of
your duties it will be ready and will be directed by Ge
neral Gaines understand that the land lately ceded to
the United States is rapidly settling by The whites This
must not be permitted The effect OF these settlement,
Is TO place the very worst part Of citizens posses
sion OF the very best part Of the public lands upon pre-
spots and form combinations deter purchasers from hid
ding for all the lands settled and in that manner de-
prve the Government of the possibility of receiving more
than two dollars per acre. The above that price
goes into the pockets Of this IawIess of men,"
You are doubtless aware, sir, Of the difficulties, which,
previously to the introduction of the present system Of
prompt payment for the public lands attended their ma
nagemeni and disposal The history Of that branch of our
legislation is filed with petitions and appiicaon from eve
great land holder relief both as to lime and price and
mode of sale. Persons with an incentive tile derived
from the payment Of fourth greater part of the
purchase money, wanted the price reduced and the time
of payment prolonged; and persons in possession but
without title wanted the right of entering the land occu
pied by Them at the minimum price, without the compe-
ttion induced by public saie-From time 20 time these
applications successful and of the laws passed
Tor the relief OF the last class Of applicants have been
eIreu 10 Dy yon Ihey certainly shew the beality OF
Congress- and insured to the settlers their tracts The
payment OF the minimum price fixed by law; but they
really appear to prove that these penalties
without them, would not have attached than thew do that
without them title could have bee acquired in the mode
they prescribe.
had the honor, in my previous letter. 20 state that was
with regret the President found himself compelled 10 in
teriere tor the removal Of any Of the citizens of Alabama
nave seen myself and participated in many of the
difficulties OF the settlers OF country not 10 look
with interest upon their condition. And certainly were
II rot for the obg sons of the Creek rsaty the Pres
lands should be removed, any than the settlers upon
other parts OF the national domain That there are
respectable citizens among them have no doubt and
lament mat any measures are necessary, which will
pose these 10 losses and hardshps Bur the w. ses have
purchased the right of the indiana and stipulated among
other things to protect from intrusion The mode of This
protection is expressly pointed in the treaty. and NAV
add that without this provision the ne gotiaion would not
have been successful The indiana at Grst tina
the country should be held Indian country and that IL
should be exonerated from the OF the laws Of Ala
bama And this demand they adhe with great rna
ciiy But they were told explicitly, that the government,
could not accede to this proposition. That the laws of the
Stale had been extended their lands and that the u
difficulty was finally met and obviated by the existing pro-
yson and its operation and mode of were
fully pointed out TO them No discretionary authority il
vested in the President permanently exclude some and
permit others to remain. and IL there were is easy TO
how almost Dsurmountablo would be tho obstacles IN
such proceeding. Mixed as our citizens and the
Indians are upon the coded territory would not be pos
sbe to designate all the individuals W no would commit or
nave committed injuries upon the latter. The legal in
competence OF the Indians in Alabama in The
point eViuence their ignorance Of language and
laws, their exposed and distressed condition. and NAV
add without rejecting upon the many worthy citizens
hvIng upon these lands their exposure TO the achins
uons ana iswess violence oil uDprinciped men, would