Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1845-02-08

.na1 we nw government touIa ~
il nd me- virulenth ouupee3 !. |. nd
nexation " Texas ~ he 6em1r ~. u
/ that Americans are held n 80. -
renee, and receive frequent in,uls. -. ].
hands Of the Mexicans. "
II -
| COngress-.DubuQue suaa.v
Drcrxsra %, al
The Senate bill to confirm IL mi,
tract Of land In the Territory g 49,
the legal heirs and assigns Il Jpi;ss ~, \ y
bnque. deceased, was taken nm ~ ]. n
rs in committee Of the whole ~ 'ed
i provides that the tract Of lana
ed to Julian Dubuque BY The ~ a'
Carondelet, by concession. be,r;rS - ~ g
the 10Th November, 1893, situated !. o 3
west bank Of the Mississippi river !; l. \. .as
Territory Of Iowa, including the ls.d i. n
rivers, now known BY the nam " N
K buque," being seven leagues N ~. i =
the river and three leagues ID desiS I Is
from the river, 10 be laid Cd aooo,S;..
calls set forth in Dubuque's rea,ss 7
confirmed to the legal heirs apd sr,f =
said Julian Dubuque, deceased, 49,. =
this bill shall only operate - ! reIIren;.s
ment Of title by the United Etates "a -.
it shall not extend to or b applied n II
half Of said heirs and asst sns' e such -
Of land belonging originally % H. ~ h.
buque claim, as the United States ~.
sold, or to which pre-empt,,n rights ss,.s
been acquired and established 6eior. II.
date Of this act. But in lieu Of Thea
the heirs and assigns shall Be entitled =
enter like quantities Of any public lana,
subject to private entry in the territor
The acquisitions Of the bill to be carried
into effect by the Commits sioner Of q.
General Land Office, who Is directed i
issue patent to the claimants accordino,,
Mr., PEARCE, as d member Of X.
Committee OH Private Land Claims. stat,l
the difficulties which had hitherto obstruct.
ed the settlement OF this claim. The CHIN
was Of some fifty or sixty years standing
and had hitherto been regarded on ,6s
part Of the government as claim extend.
ing only to the personal grant of the ripht
Of mining on the lands. Such had been
Mr.. Gallalin's view, and he believed nm
that Of Mr.. Smith of Indiana, while chair.
man Of the Committee on Public Land, n
the Senate. Mr.. Gallatin held that M
Indian grant to Dubuque was only !.
personal permission 10 work the lead nine
as long as he should remain,'' and that
the grant Of the Spanish governor. The Be-
ron de Carondelet, was only 'the peacea.
bic possession" Of tract Of land On which
the miners were. Ma 8sM4a5#
Mr.. HENDERSON maintained, II
great length, the full validity Of the cls;m,
and entered into an able legal argument 70
prove that although, in strictness, As
grant in the first instance did seem to b
only a personal permission, yet BY sub.
sequent act of the Indians, in which tley
stipulated further, that Gin case he fDu.
buque) shall find nothing within (ths
mines sold to him) he shall be free b
search wherever it shall seem good to hin
and to work peaceably, without any hurt
ing him, or doing him any prejudice n
his labors." Dubuque, eight yeavs afler
this acquisition petitioned The gosuna,
{ Baron de CarondsIet, stating that he vi
purchased tract Of land from the Ind;w
and the mines il contained, and he asLa
to be confirmed in the peaceaLle possu
sion Of the same. The governor refena
the petition TO the licensed Spanish trsaz
Of the Indian territory, named Todd. II.
ing as commissioner, with this direction
"Let information be given By The nerch-
ant, Don Andrew Todd, on the nature Of
the demand" Todd, in due time, report
ed to the governor, lin ccmplizncs with
your superior instructions, in which YOU
command me to give information N Tie
solicitation Of the individual interested in !.
the foregoing memorial, have to say That
as to the land for which he asks, n0thins
occurs to me why it should not Be granted,
if you find it convenient, &c. The goy-
ernor accordingly confirmed Dubuque i
the peaceable possession Of the Ind
General Harrison, in 1904, settled b
treaty Of St. Louis with these indians, M
in 1906 amended it on account Of The
claim. In his report, touching this snead'
ment Of the treaty, General Harrison ~
the additional article was written ~
submitted 10 the Indians, and that ''thg
readily, consented to it, and the under.
signed Gen. H. informed them that y
intention Of il was to embrace pasioalGly
the claim Of Dubuque, the validity I
which they acknowledged" The Unite
States Senate subsequently. pifed tha
treaty, which set at rest all objections =
General Harrison's power of nslipgI
nthese grounds, as well Is othefs, WI
he enumerated at great length, NJ. Il
held that the heirs and assigns u Dub4~
had as good . legal and eqaitbl6 shih
to this grant as had any Of the chlnAhs
under Spanish grants which this gots'1r
ment had hitherto confirmed. Nv
Mr.. .PEARCE, ehssrving ~ = wss
desirable there should b full Sesse
Tor the further ooDsideSslisn ~ The ~
moved an al ,urnments l4sG
-- BAH
DrcrMprH q. 1874
On motion by Mr.. HENDERSONs -
unfinished business Of yesterday wut:s
up being the further considerslion, -
committee Of the whole, Of the bill y -
firm the title Of attract Of land inahe -
ritcry Of Iowa, % The legal heirs - =
signs Of Julien Dubuque, deceased.
Mr.. HENDERSON ~~v..rhs1 49,