The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-04-24

ii 10 be The formerhow shall Il Be executed is one
which, under the acts of 1924 and 1886, lread lossme
CONFESS has 70 my opinion p az cases. %a vn assson
cepton referred 10 above, reserved Tor s own uesun,
and In regard TO which has decided lhat Tue eAeesoh
shall be BY an equivalent in land -x.L-..., !. s,.;
And what is the provision wnicn CONGRESS mauss III
this matter in The act OF the Goth OF May, is24the tfsl
law that was ever passed for the adjudication OF foreign
titles by the eouu-beng IN act enabling sne caiants
Territory of Arkansas institute proceedings TO Try Inc
validity of their claims~ Why, by the eleventh section,
il is declared that, iii ia any should 20 happen
that the lands tenements heIed;aments, deceed 10
any claimant under the provisions OF this act sha nave
been sold by the United States, otherwise disposed OIL
or if the same shall not have been heretofore iocaed-n
each and every such il shall and may be lawful Tor
the party interested TO enter alter The same shall have
been offered a; public sale the Ike quantity on other
lands II
The Justice and constutonaiy OF this measure
say came by appeal in review by the supreme Judicial
tribunal OF the country, and were fully sustained as we
find in the case OF Antoine Soulards heirs the United
Staies-(Io Peers's Reports, page 1907 In that case
there was grant in 1896, by the lieutenant governor
OF Upper louisiana for tract OF 1906 apens, French
from the French republic, and actual survey OF It was
made in February, ls0ibeng prior 10 the date IN which
possession under the treaty Of cession, was taken OF
Upper Louisiana in behalf OF the United States
By these proceedings the title OF the sovereign had
been diverted in favor of Soulad, and the tract abso
luey detached and severed by actual survey from the
Notwithstanding this, the Supreme Court sustained the
principle commended for, in decreeng the claim OF
the 10 the land good valid ute
thereto by the law OF nations the laws usages and Gus
toms oil SPAIN (under whose government the title orlg-
mated the treaty between France and the United States
for the cesson OF louisiana and the stpulaons thereof
with which the treaty of Guadalupe Hdalgo is almost
Identical terms regard TO the security OF property
'as well the acts OF Congress IN relation therefor for
find that the court, in decreeng the title valid in that
did except TO certain parts OF the lands sur
veyed for Soulad, which had been sold by the United
States and the court then further ordered and dccreed
shat the title OF the petitioners 10 all OF said land EN-
been sold by the United States valid by the laws and
treaty aforesaid and is hereby confirmed TO them agreea-
bly, 10 the said concession and survey That court al
the me in ordering the surveyor general 10
vey the land. directed him TO "cery, the pals and
certificates OF such survey TO be made what part paris
OF the original survey OF such land had been sold by the
United States with the quantity thereof !" and further
declared the conrmees entitled to take the of the
interfering sales in other lands
This act OF 26th OF May, 1924, for the adjustment OF
claims BY the courts. and which was limited 10 Missouri
and the Territory Of Arkansas was with certain llma
ions extended TO torda by the sixth section OF the ACT
OF Congress OF the 23d May, 1928, supplementary 10
the several acts providing for the settlement and
frmaton OF private land claims in Florida :; and since
the same act OF 1924 was revived and extended TO Mis-
souri, Arkansas Louisiana, and much oil the States o.
Mississippi and Alabama is included the district or
country south OF the thirty degree of north latitude,
and between the Mississippi and Perddo rivers,
Thus we see the principle which Congress has deem
ed proper to lay down in making thu courts the lnstru
mcns of adudcang foreign lites and that the correct
ness OF that principle has been fully sustained by the
judiciary.
We will now see what course was pursued by Con-
gress IN regard TO large and important class OF titles In
Missouri which remained unadjusted after the passage OF
the act OF 1924, and before the enactment OF the law OF
18th june 1884, aad where Congress retained TO itself the
power finally TO confirm or not BY an act approved 9Th
July, 1892. for the final adjustment of private land
claims in Missouri, provision made for the appoint
ment OF board OF commissioners for the examination oil
French and Spanish titles. The second section OF that
act required the board 10 lay before the Commissioner OF
the General Land Oce report under certain classih-
cation OF the claims so cassed, stating therein the
date and quantity OF each whether there be any. and
what conflicting claims, and the evidence upon which
each CLAIM depends, and the authority and powers under
which the said claim was granted by the Spanish or
French governor, commandment, subdelegate, TO be
laid before Congress for their final decision upon the
claims contained in such first class" report ac-
cordlngly made BY the commissioners on the 27h No
vember 1885, and communicated 10 the Senate Janu
airy, 1884 In that report The commissioners contemplate
state of things analogous TO that for which pro-
pose making provision. They reported that
There numerous OF land lying within the
French and Spanish claims, belonging to the ndiyd
Whose night claim originated under the government Of
the United States; depend upon purchasers, some
upon the laws allowing pre- empion some others upon
New Madrid locations; and some again. upon settlement
rights which have been confirmed"
'Mo OF those persons have been for long time settled
upon their lands Their claim, being OF bona fds
ter derived from the government Of the United States they
prove their lands making for themselves and
families comfortable homes without any belief that they
would ever be interrupted IN their possessions Should the
claims reported by the board be confirmed by Congress
whole or in part, Congress w in their widom doubt,
notice the suggestions here made, and carve out such
course viii quiet the uneasness and anxiety which
felt by doing everything which the most scrupuous
demands OF justice could desire"
Congress did notice this suggestion and in exercising
the power and right OF Ba confirmation in the OF
the greater portion OF the claims then nded,
cared, The second section OF the act OF Congress- APP
proved 4th July, 1886, confirming claims TO land in the
State of Missouri, and Tor other purposes" that il it
should be found that any tract tracts, confirmed
aforesaid any part thereof, had been previously To-
Gated 6y any other person persons under any law OF
the United States had been surveyed and sold BY the
United States this act shall confer title such lands
in opposition the rights acquired by such location or
purchase bat the individual individuals, whose claims
hereby confirmed shall be permitted to locate much
thereof intereres with such location purchase on
other public Incorporated lands subject private sale
think have shown that the principle imbodied in
this bill is just reasonable, and proper, and al all in
consistent with treaty obligations that il is sane.
toned by enlightened reason, sound policy by the most
deliberate legislation OF Congress, and solemn adiudica.
tons OF the Supreme Court OF the United States and
wherever il has operated, il has been fully acquesced
in equitable and necessary when applied 70 the most
important and widespread landed interest of the country
In behalf them OF the hardy emigTants, OF the indus
trous settlers, ask OF you TO protect by law their settle
men 10 secure them in their homes and in the name OF
equity and good conscience, where such settlements are
bona gn titles, to do justice TO that class OF my
stituents who the OF such titles by making
them al the same time ample indemnity on other lands
The bill was read second time, and referred to the
Committee on Public Lands
EURNTTURE Day GOODS -CLAcETT a DoDsoN
dealers all kinds Of goods In the above line, have
Of and
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