The daily union., 1852-08-12

A bill Is. 52) for the construction OF a national arse
nal aory, and foundry al the falls OF the Ohio river in
with public canal for the use of the army
and navy trade and commerce, and for the supply OF
water power for manufacturing ordnance and for
the use of the United States.
bill Is 522) for the REIMBURSEMENT 10 the State OF
Kentucky OF the stock held by the United States in the
Louisville and Portland Canal Company with view oi
making thai canal free TO navigation and commerce.
The report which Mr.. B. submitted upon the same sub
ject was then ordered TO be printed.
cADwALLADER WALLACE.
Mr.. UNDERWOOD. | now ask of the Senate that
they will postpone all the prior orders. with view to take
up the bill for the relief of Cadwaader Wallace. Ii il
gives rise to any debate, will consent TO have it laid
upon the table This claim has been long here and the
bill has often passed this body is Senate bill No 4ol
postponed and the bill taken up for consideration.
While the Clerk was looking for the copy OF the bill
on the files Of the Senate,
for the BILL il i be 10 order, will explain 10 the Senate
W The Ss'fi PRESIDENT twill not be in order The bill
must be first read before it is open 10 discussion
Mr. UNDERWOOD. | wish merely to make brief
explanation, that the Senate may how the matter
The PRESIDENT. The regular order, as far as pos.
sble must be observed in the transaction OF business
The bill was then read the second ime
The Senate then proceeded to consider as in committee
OF the whole Senate bill No. 40lbeing "a bill for the
relief of Cadwaader Wallace"
Mr.. UNDERWOOD. i the Senate will listen to me
for few moments, will briefly explain the whole Of
of land in the State OF Ohio satisfy the bountes she
promised TO her officers and soldiers of the revolution
man by the name of Ludlow sent out there at an
early period TO the boundary line OF that reservaon
and he did It, but ran II wrong, the Supreme Court
determined After that a man by the name OF Roberts
sent out there to the line, and he ran il some
low This man, Cadwalader Wallace, located bis war.
rant between these two lines The Supreme Court de-
cided that the most western line was the true line In
the mean time, however, the government of the United
Ntafoe nuba and hQtyu lima fap
yae individuals, and put the money received for into
the treasury Of the United States. The proposition
is pay TO this Cadwalader Wallace the money which
the government thus received upon his REIMBURSEMENT OF
all claim TO this land think myself that Mr. Wallace
entitled TO The interest upon this money but, deferng
to the judgment of the committee who refuse to pay the
interest," will not the amendment to give him the
interest which at first thought would move TO this
bill The claimant has been applying for this money
long, long tme-ever since have been member OF this
Senateand how much longer while was in the other
house, do not know The bill is simply to pay to him
the which the government received for this land
that is the whole amount OF it,
from Kentucky Mr.. UNDERwooDl if act did not pass
Congress- years ago making provision for the pay
ment OF General Macarthur under similar circumstances
Mr.. UNDERWOOD. Yes, sir upon precisely the
same principle, and under precisely the circum
stances. General Macarthur located his warrants upon
these lands which the government sold and then the
government paid him for them more than Mr. Wallace
will get under this bill.
Mr.. CASS. That case was brought before the Su-
prene Court and decided In favor of the applicant and
upon that decision the act to which have alluded
Mr. UNDERWOOD The honorable senator's reeol-
lection Of the history OF that case is entirely correct.
from Kentucky GMr. UsDERwooDl one or two questions
in relation to this AS understand it, there was
dispute about the irue boundary line.
Mr.. UNDERWOOD. That is correct.
MIR. HlELDS And Mr. Ludlow claimed the right
to locate his warrant upon the land between the two
Mr. UNDERWOOD No, Mr.. Ludlow, but MIR. Wal.
lace. MT Ludlow ran the fret line.
MIR. SHIELDS | understand that Mr.. Ludlow was
the complainant
bot Mr.. Wallace located the warrants
Mr.. SHIELDS. | have imperfect recollection OF
the case from having bad 10 examine 1t while
nected with the General Land Office
Mr.. CASS. IL the gentleman from Illinois (Mr
SHIELDs will permit me- will say what understand to
be the OF this claim. The claim originates under
mistake anS %ads 10 pnnas 9s ps b aond
faction OF warrants granted by her to her officers and sol
diers IN the revolutionary war The country between
served The Little Miami river is much smaller stream
than the other which nearly around II towards
the northeast, and almost intersects the Miami. Now
pointed 10 run the line which he did But he went from
what he considered 10 be the handspring OF the Little
Miami TO the head-sprng OF the river Scioto which took
a somewhat different direction from what the claimants
under the grant from Virginia contended should have
been the and in doing that the claimants under
the Virginia contract conended that he went too far east
OF The headsprng OF the river Scloo, according TO the
general understanding OF that maer and, consequently
took of considerable tract that belonged TO the original
grant And suppose that the which was brought
up before the Supreme Court TO decide where the
actual head OF the river Scioo. and they decided the
claimants under the Virginia contract had contended tor
III recollect rightly, IL General McArthurs claim
which brought up before and determined by the
courts. | would now ask the honorable gentleman from
Kentucky [Mr. UspERwooDl in what way Mr. Wallace's
claim decidedl
Mr.. SHIELDS. That is what wished to hnd out
have an imperfect recollection OF having examined this
case when had a connexon with the General Land
Office. My recollection is, that Gen. Macarthur made bis
location within the time allowed by law, whereas this
other claimant, Mr.. Wallace, neglected TO do So But
after this land had become the property OF Others he then
made location, tried to make one and my recoec.
ton IS correct that location was set aside. Now, what
wish to ascertain is what is the amount OF money which
is intended TO be given relief to this claimant, who,
ii my recollection s right notwithstanding the difference
in the surveys made by Ludlow and Roberts, neglected TO
make his location within the time that the law authorized
would ask what is the amount which 1t is expected will
be given under this bill
Mr.. UNDERWOOD. think il is $40 900, or $4,000,
or 100000; cannot be explicit than that Ii is
pretty considerable claim.
Mr.. SHIELDS. Ny view OF the case is this: When
examined IT, recollect that examined il pretty carefully
al the me though do not remember all the particulars
now The conclusion came 10 was, that be was entitled
TO equal quantity OF land in other portion OF the
country, but not 10 what be caimed-that is the value
Of the land when it sold by the United States.
rather when he made his location, at which time the
land had increased in value perhaps hundred fold Had
he made his location al the proper tme the land would
have then been only OF the ordinary value of public land
But IL into the possession OF others; the country
around was improved and be then came forward and
a. La had