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


NJ. CHQATE, in m ,ble legal areu
- 6 considerable length, reviewed III
ssis case from the origin Of the claln 1,
- United St.tes treaty q 1906. He tool
~ .round that this claim was wen found
"a that Il was fully sustained by III
.si;ey Of this government in giving IN
srf liberal and equitable construction q
cren;sh grants. He examined the l.n-
80 IL he deed from the Indians to Du-
c',e. and coupling it with the language
Y bubuque's petition to The Spanish gov.
,rc.: the order Of the latter to Todd "a
.vesiieate and report upon the nature d
- claim; Todd's report that he saw moth
- T. impede the grant; the full and free
acknowledgement Of the Indians to General
harrison, in full council, in 1876 that, they
r.ooeuised Che claim us vslid; General
u.Sr;son's own letter, in which he says he
= s,fisfied Of its justice and validity, and
a. be never had any doubt on the sub
-: Ill went to show that, however vague
"a deficient Of legal technicality the writ
IA drawn up by plain layman like Du-
bsuue might be, the intention of all parties
~ Tat a. consequence in fee Of the tract
SfIan1.
n denied that the approval Of the Spanish
eoyernor extended beyond the right &C ,uir-
= - Dubuque from the Indians, and that
~ was merely Of personal occupancy for
lining. and to the contents of such mines
= he should work. He also denied that
,rv sanction Of the claim to the land in fee
conM be derived from Gen. Harrison
treaty or dispatches, which treaty, in the
ADDITIONAL article of 1876, merely reserved
he rights Of parties claiming under Span
ish grants, not particularizing the Dubuque
Chin, any more than other claims, that
night exist. The whole question, he con-
s;dered, could be summed up few words:
what possible title could Dubuque derive
from the confirmation Of the Spanish gov
ernor, or from the treaty Of ID 4 and 1906,
thzt was not dependent upon and referable
"a the fundamental ground Of claim, the
deed from the Indians? That deed, after
Iii. was alone the title, and the only title.
But it neither sold, granted, or even men,
toned the land in fee, directly or construc-
lively; il plainly stated its purpose to be to
give Dubuque the personal occupancy for
mining purposes; and no other construc-
tisn, consistent with fact, and the obvious
meaning ef the language used in that in
.sxument, could be given to it.
NJ. HENDERSON maintained that if
sub tzictness were resorted to, no Span
Isl din that had ever yet come before this
government could stand the test. No one
ofthe many Claims hitherto allowed had a
foundation more equitable than this. Such
caims had always to be construed in lib
eFsl and equitable sense, and in this way
thg had hitherto been acted upon. He
further expatiated the merits of the claim.
Mr.. B3RRIEN could see no reason why
lhis CHIN was not allowed to take the same
course which had uniformly obtained in
tbs class Of canes. It had long been the
setled policy Of the government to refer
such claims to board Of commissioners
br investigation; and upon the report Of
Zach board il was the practice of Congress
= act. 1t cases where the quantity Of land
shi.ned was not large, the recommends
ia Of the commissioners was almost uni
vssslly adopted In cases of great mag
sd, like this, Congress had the benefit
4 de investigation Of the commissioners
and heir report for its guidance. There
WAS certainly no propriety in exempting
ths claim from that very safe and proper
course sss .ssssss s.sssTsE
Mr.. BAGBY offered an amendment, the
object Of which was to save the rights Of
p9-emplioners on the tract, whose pre-
enptions may be subject Of dispute, or may
remain yet undecided.
Mr.. FOSTER moved 10 lay the bill and
anendmcnt on the table.
This motion prevailed without division;
md the bill, with the amendment, was laid
q The table. r8