The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-28

attention. whether having erected light house upon
private property, held BY Joint tenants is worthy pro
ceedlng the part OF the government, by any articles
suppos DC il could be done technically and according 10
law-to appropriate spots OF public value, giving
tenant their full value. and thus TO make the balance
worthless Now, ask the honorable senator whether
thai would be worthy conduct the part of the govern.
ment unless the sum demanded exceeded all reason and
pTopneiy!
There is Limitation in the bill There is no obga-
ton on the part of the officers of the government give
more tnan one dollar unless IS essential We viii not
pass the bill If we understand the government to have
abandoned the lighthouse. As 10 myself, know moth
ing of the circumstances OF the correspondence the
between S these paIhes and the govern,
stances connected with the suits IN the investigation
OF the title But | remember quite well that there
very strong feeling upon the part OF the officers
Of the government in relation the prior right this
property The clam was strongly and earnestly
pressed upon the officers of the government that the
claimant had prior right TO this land while the officers
OF the government thought they could exclude set
tiers aud enplon claimants, because the land Of
public value. ! recolect forming strong opinion at
that tme that if the government could possibly dispense
with that property, they should do presume act
upon the same feeling al this daylhat If they dis
pense with it, they will do it, Now, sir, should con
slider it unworthy conduct the part of the government
whether 1t would be the part of an individual,
will not undertake TO say-but 1t would be small game
for us to pay IN relation TO these parties for the United
States to make entirely worthless by making division
and appropatng TO themselves the particular spot upon
which they had built their lighthouse. There cir
cumstances which might, perhaps, Justify such course,
but none such appear in the present instance.
The senator from Maine suggests that this is not a
claim by the government If they want it, he saws they
will apply for it. lie understands that il is individual
claim while government is in state of composure with
regard to It Well sir, understand they may well be
composed, having the and possession OF the land
DO not know upon what memorial or petition this claim
came into the Senate, but presume it upon the
RAJ or remonsirance OF the private claimant, alleging
that the government is IN the actual and possession
OF his property, and declines to pay himand perhaps
has no authority 10 pay hiin-or this land and he APP
peas to Congress to remedy private niury-an indl
thar
ly his property, and refuses to any arrangement
with him as to the price OF it, or to ply him at all Now,
SIR can well conceive that individual might un-
der such circumstances, and il might not be sufficient
answer to say that the government did not petition in
gard to the matter Sir that is the only remedy such an
individual could have.
would suggest to the senator from Louisiana, since
1t Is lnmaed that the site is longer important the
government that they have already taken oil II
and sold the remainder of their interest at very low
value relative to the remainder of the land. indicating The
intrinsic value OF the property Under these niima,ons,
would suggest to the senator TO allow the bill to lie
over The truth Is. should like 10 have these points
cleared up myself.
Mr. DAVIS of Massachusetts, | have but word to
say In reply to my friend from Tennessee. If he under
stood me as ntmatng any disposition on my part to call
upon the owner OF this property to yield up make any
sacrifice OF his Interests without fair equivalent, he
greatly Inexperienced the whole drift of my remarks
The position assumed by my friend is this that in
sequence OF the government having occasion to this
property, acquires an increased value and then the
curry shall that be element in testing its value here
Now,l will answer the gentleman. As understand
this matter there may be different rules of estimating
property for public in different parts of the country;
and can answer as far my knowledge goes that when
this matter is submitted 10 jury court, the occasion
which the public has for that property is never taken
any portion OF the elements of its vaue-none at all that
never enters INTO the estimate No court within my
knowledge instructed the jury TO estimate according
canal, railroad, fertilization, any other purposes
undertook to say that in consequence of such demand
for the property on the part OF the government the value
is at all enhanced No. sir is estimated on other
sderatons entirely different from that is estimated by
what worth in the community, and that is the value
Of the damage sustained in parting with The property
But here you undertake to adjust that claim by
bull Now what is TO hinder the usual course in
this case OF procuring an estimate OF the real value
OF the property, and paying Tor it, That may be
done, and 1t can be done TO morrow. But, says my
friend, you enter with strong arm and a high hand
into the rights OF this owner and being tenant you
take possession and throw the man out | see no evl-
dence OF that The government have taken an inconsd
cradle portion of the land and erected lighthouse upon
it. There is evidence that the coenant cannot enter.
even supposng that government has exclusive posses
SION OF the very small portion upon which the
is erected Government does not prevent him from
leasing or doing what he peases with it, 1t estab
shed rule OF law, that where there tenants of
piece OF property each has right TO rent his own,
Joy entirely independent of the other, and has right
to shut the other off do not understand the question
plain and evident one that the government has appro
priaed this land to its use shutting its coenanl off
earsiIy DO not appehend that to be the case at ALL
be an acre or two-and applied it to the eXgency OF the
government; and probably they have the exclusive pos
SESSION OF tiat small NOW ms parry
coed in any way he fit meet this question He
have it Justly and equitably settled and have obec-
ton to that. But what wish to avoid is paying
travagant price, for which there be justification
whatever.
Mr.. JOHNSON. will not press the claim after the
suggestions made and therefore that the further
consideration OF the bill be postponed until to
The motion TO postpone was then agreed to.
MESSAGES RECEIVED.
message in writing, from the President of the Uni
ted States, received by the hands of j. KNOX VALE
Err, his private secretary communicating, compliance
with the request contained in the resolution of the Sem
ate OF the 10th inst, report of the Secretary OF the
Treasury, with statement prepared by the Register OF
the Treasury, which exhibits the annual apprO
priated on account of the coast survey from the
mencement OF said survey; which read and order
ed TO be printed
message was received from the House of Represent
atives, by Mr. CAMpBELL, their Clerk announcing that
the Speaker OF said House had signed several enrolled
bills, and had them the Senate for the signature
of their President
The said enrolled bills were subsequently reported 10
have been correctly engrossed and having been signed
by the President pro TEN directed to be transmitted
to the President of the United States for his signature
DONATION OF LAND.
Mr. FELCH moved that the prior orders of the day be
postponed in order to take up the bill granting 10 the
State OF Michigan the right of way, and donation OF
public land, Tor the construction OF ship canal around
the falls OF st Mary, said State, for the purpose OF
making it the special order for Wednesday next.
The question being put upon the motion, on DIVISION
no quorum voted and
The Senate then adjourned.