The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-09-20

lands, adopted BY the Senate. phrase Of mnch larger
construction than the phrase "oyerhowed lands" The
latter phrase comprises land which cannot be surveyed
and which the government does not offer for sale.
do not see any why this subject should be laid
oyer IL the Senate properly advised in relation TO
the bill when passed there is why should
now delay for the consideration OF amendment which
merely restricts the operation OF the bill EEN E6
1 Me-. MANGUM. Mr.. President. il is precisely for the
named by the senator from Mississippi that desire
further time consider this matter do not under
these lechnlcalltes quite well gentlemen who live
upon the banks OF the Mississippi And inasnuch as
there is difference IN opinion between gentlemen who
voted Tor this endmen in the House, and the senator
from Mississpp who THINKS that rather than
extends the operations of the bill, think would better
60 TO the Committee on Public Lands: aud II il s in
der, move that references OF il.
Mr.. HALE. MIR. President when this bill was before
the Senate previous TO ITS passage, made some oppos
,ion TO IT. which Withdrew N consequence Of an expla-
nation made BY The honorable senator from Arkansas,
who is not in his seat, IMr BoRLAsDl The senator
referred 10 the very words which the House have stricken
out, those which rendered the bill definite and which
enabled the Senate to what il was that they were
was that il was so indefinite We did mol know whether
would include one, two, or ten millions OF acres The
senator from adveed to these very words which
have been stricken out by the House, those which
made the bill definite and valuable, and informed for
Mr.. DAVIS. Of Mississippi, (interposing.) Will the
senator from New Hampshire read what the House have
stricken out? .t#s s s..E &#t
! Hr HALE. They propose 10 strike out Of the first
section the words known and deegnaedin the pis of
the Genera Land Office swamp ands;" and the hon
oabe Arkansas said these lands were noted
upon the surveys, and by going the Land Office and
seeing what was noted and marked, could ascertain
what we were voting away, But now the House Of
Representatives have stricken out every clue TO it, and
have put in nothing TO show to what the bill applies
There is nothing by which to ascertain what these lands
are. There ~ no criterion given The whole is loose,
indefinite, and uncertain subsequent section applies
the provision OF the bill TO all the States in the
words IN which il is applied to Arkansas Now, il ap
pears that if there any weight in the argument
a yh0 0rpnn nrfpbth thp Mr. Al n hp
Senate ought not 10 agree TO this amendment.
The PRESIDENT. The question isupon the PROPOSE
tion TO postpone until to morrow. X" aa+
Mr.. DAWSON 4 Withdraw the motion to postpone.
The PRESIDENT. Then, the question is on the mo.
ton Of the senator from North Carolina Mr.. MAscUM]
! Mr.. BENTON. Mr.. President. have had some prac-
teal acquaintance with this business. know very well
the policy pursued in reference 10 the survey OF these
lands. The surveyors are required 10 make accurate
OF all such lands, and TO chow the plats which
they survey what are ovefowed lands There is, then,
in every land office Ietora by The officers of the United
States, upon oath, OF the lands which overfowed
know very well-livng did in ST Louis, where there
was surveyor generals Office to which returns were
made; that II a common thing when they
We, ing down in Arkansas which was at that time ,c be
returned TO the office OF the survey general in Missouri
know very well that 1t was common thing to make
return that they could not survey such lands because
they were overfiowed. The surveyors directed,
when they could reach The mark horseback
to return The land being overowed These lands
OF course altogether unfit for cultivation. There is
rule Them every land Office by which can be precise
ly ascertaned what lands rendered unfit for cuiya-
ton by being oyer6owed
This Mr. President is a familiar subject with me- 1t
twenty years since have known the public lands OF
the State OF Missouri to be returned swamp lands, and
oveIfowed TO render them unfit for cultivation
believe be both just and good policy that the United
States should part with those lands with view Of hav
ing them surrendered to the States in which they lie
They fruitful source OF pest:lence and annoyance TO
the surrounding country. They generate diseases which
slict the inhabants and think IL is OF the highest
Importance that they should be passed into the hands OF
tha nfh hay nhi hla
lures removed. | argued for this rocy twenty years
ago; and that the senators from Arkansas Messrs
and have sas brought again and
which there is oyeaowed land, hope il will be adopted
MIR. FELCH. Mr. President. was not present when
the bill passed the Senate, but was present the Com
mte Public Lands when underwent consideration
before that committee aud wish say word in refer.
TO this amendment from the other House
After The bill had passed the Senate my attention was
called TO the fact by member OF the Land Office, that
this bill would not correspond precisely with the evi.
dence OF tbs character OF the laDd shown by the pats
in the Land Ohce. The facts understand to be these
Some years inquiries made througa OF the
branches OF Congress- am not certain whch-drectlng
the attention oil Congress TO the entries OF swampor
flowed lands Ii seemed that, although the field notes Of
the surveyors exhibited the character Of the lands the
growth OF timber, the preserve OF wafer, sc, yet
these not always entered upon the pats and IN this
was found thai the plas themselves were not
feet became therefore, for the land department
correspond with tue local land Offices before they could
get the information necessary to enable them TO answer
have obtained all the information that is necessary
TO enable them determine the precise character OF the
lands and the extent of the application OF this bill One
OF the members OF the department having in charge the
public laOds, called upon and stated tina; these words
included The bill not sufficiently dehDlte and did
not direct language, refer to the evidence file, be
cause il not IN the plas, but was only TO be found
else where in The Office suggested 10 him al the same
time that the department correspond with the committee
of the House having charge OF the BILL and that the
language be altered TO make IL conform 10 the evi
dence in the department; and suppose this amendment
has been made the House, upon the suggestion OF the
department, the facts OF the case, and correspond
with the evidence he in the department
Mr.. DAVIS. Mr.. President, find, sir, in the amend
ment made by the House OF Representatives, in the 4th
section, the WORDS Zach OF the other States of the
Union in which such swamps and overfown lands,
designated as aforesaid, may be situated The House
have inserted the words "and oserfown" as 10 ex.
clude the lands sometimes called .swamp lands" and
not called oyeuwed lands" This is the restriction 10
which referred In the first section they have stricken
out, read by the senator from New Hampshire, Mr.
HALE,l '.know, and designated on the plss OF the Gen.
eral Land Oice as swamp lands and they havenseft-
ed in lieu thereof made unit thereby Tor cultivaton
so that IL includes those lands which are swamp
lands, and which also overlowed as 10 be rem
dered unfit for cults alton. do not know who inserted
this, but presume il must have been familiar with
the subject II Ia true that lands which sometimes
overowed TO great depth, and have been returned by
surveyors "overfowed lands" and which have never
been offered for sae in the markets. have subsequently
been entered and become very valuable plantations 1t
may be that advised oil such slate Of things
has procured the insertion Of the amendment do not
know Of any place, except the lower Mississippi,
la A. 49,.