Weekly national intelligencer. [volume] (Washington [D.C.]) 1841-1869, 1848-12-30

taken part here and from another friend of mne who
argued the question before the Supreme Court
eight years ago. In his argument recoec he represented
this as point Of land that intrnscay would be considered
of great value because Of its being the highest point Of land
in particular pass Of the river for distance and where
the Government deemed It very important to establish aght
house for the protection Of the commerce Of the Mississippi
The Government had assumed the power of reservng this
tract Of land which had been settled and claimed under the
laws of the United States and had proceeded
expense, build lighthouse upon it, But the
settler contested the right Of the Gcsement to make the re-
seyaon upon the plea that the possession Of the land
important for Government purposes and he instituted legal
against the Government The District Court of
Louisiana confirmed the right claimant but by order Of
the Government under the motion Of the United States Dis
tict Attorney the brought up regularly by appeal to
the Supreme Court where warmly contended the At
toney General that the Government had right exclude the
complainant The Supreme Court however, affirmed the deci
sion of the court below, and confirmed the title OF Fitzgerald
At that time however, it in the possession and use Of
the Government of the United States. OF other circumstances
connected with the have knowledge except what
have gathered om reaGng the report and what has been
said here. ~sts
think that honorable Senators have done Injustice to this
case and rs with regard the remark of the Senator from
Massachusetts,, (Mr. DAvIs,) who asks what has the
Government for than few acres, if 1t be import
ant to establish lighthouse there Now put to hon.
orsble gentlemen whether the idea of the value attached
property situated this isy the purchasers from pre-
emptive camanhey may not well include the importance of
such point the United States Government for the erection
sers from Fitzgerald might very properly consider and in
clude this in the idea of value in their purchase and give
large price for it, the ground that would at day
be very important to the Government that should become
the possessor of 1t at fair and reasonable price though,
truly would be nquitous in citizens exorban
valuation Of such property from the Government II these
gentlemen became purchasers Of this property have they not
the right claim fair consideration for the idea Of vaue at
tached in purchasing the property with reference to its public
utility and Of consequent future by Government But
again Who estimate the value Of hundred and sixty
acres of land situated this isl The honorable Senator from
Louisiana better informed than am, and give better
idea of their value But have of these rich lands
situated what is called the of the Mississippi below
New Orleans and when gentlemen talk Of S30 600 being
exorbant valuations would have them to remember that
is only with reference to the present year that they can
speak Of it. When estimate the value of these rich alu
vial ands productive in their nature and avoraby
ted, by the value of property in the Old World and inmany
parts Of the New, make up estimate by erroneous
standard have hesitation in saying that hundred
dollars per for these rich lands below New Orleans and
for hundreds Of miles above would be considered moderate
valuation now and that within few years Of time
two hundred two hundred and fifty dollars an
will not considered too high In this point of vew them
the valuation placed upon this eveenduring soil cannot
be considered eIobtant And besides this may hav been
purchased, and at rate, may fairly be sod by Carter
and Peyton, upon valuation having reference to its import
for the public USE and future purchase by Government
Some Senators have thrown out the idea that this Govern
ment having claim against of these copartnen had
levied his interest in the land and that intere hav-
ing been appraised, in conformity the laws Of Louisiana
by gentlemen selected by the court for the purpose
became Of that interest and now says honorable
Senator why not have partition of the property, hold to
that reserved for the lighthouse and then let the other
go and sell his interest for what he get afterwards
But ask the honorable Senator whether that would be
fair Would be fair and equitable to take this
ordinary course and depecae the value of his lands that
they would not be worth probably than twenty-five per
cent of their present valuation thus deprving him Of nearly
all his property Would it be right, ask you sir But
you cannot do it.
message here received from the House of Repre-
sentatives, after which
Mr.. BELL continued. was about to inquire what right
the Government would have lay fourteen acres Of this
land and sell it, to the prejudice Of this claimant What
right would the Government have to sell their undivided in
terest for few hundred dollars stated by the hon.
orable Senator from New York, (Mr Dix y What right
would the Government have make any such division at ali
hat right would they have to do this if the authority
10 do existed and especially whit right would the Gov
have communicate such authority for the very
purpose of making the division Would it be arbitrary
and unjust Of them to make such division of this properly
they could do so under the laws Of Louisiana be-
eve that according to the laws Of hat State, ousana
the Government has right TO partition off this property
and sell the mos valuable portion Of it, to the prejudice and
loss Of the of the remainder Of the land IF am
wrong in this belief the gentleman from Louisiana mr.
JoHSsoS) inform whether, according the laws of
that State, such proceeding could take place.
What portion Of the land did those fourteen which
were sold by the Government include They included
on winch the lighthouse erected
which erected upon private property, without any
hory whatever II this lighthouse erected upon pr-
yae property originally IL was in all probability, done under
the idea that the Secretary Of the Treasury knew Of law
BY which he could set aside the claim the individuals hold
Ing the property and sell il, 10 the of the
Government. And The must have been the il the
Government has sold portion Of the land stated by the
Senator from New York, (Mr. DIX apprehend, how
that the information received by the honorable Senator
Mr. DIx) incorrect, and be relied on But, any
ate, would not be arbitrary and unjust for the Government
proceeding, 10 deprive the gentlemen to whom this
property rghduy belonged Of any portion Of IT, sppro
'riate part OF TO their use, the dement and loss
y, the just and lawful owners of the land Such proceed
ng, In my opinion would be wholly illegal and altogether
,nustifabe And would here remark, that the parties
whom this land belongs have right take into consideration
he public uses to which Il may hereafter he applied in their
Estimation Of It's value. They have right include, in all
heir estimates and valuations of the property whatever adj
antages may be incident its position and whatever advan
cunt Of its future importance the Government Of the Uni
ed States And would not be niqrious for the Govern
nen to deprive them by any Of proceeding, Of any
u their rights privileges, advantages present prospective
The fourteen s may include all that portion Of the
and held be Of any value Notifications may be erected
ipon Il lighthouse may be permanently located and
erected there; and thai would be illegal and
Unjust for the Government dispose the valuable
,oron Of the land and leave the remaining comparave
worthless port only those whom the whole rghifuly
,elongs II to me, therefore, that the information
which has the Of the honorable Senator from New
York ( DIx) in relation TO tina Governments having made
division Of this land and selling their interest in the mosy
rved forf hprnsp nust ha,in =