The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-01-20
AssNAE NAjSs

Mr. DOWNS. | have drawn uli an amendment which
Mi UNDERWOOD / win send The amendment
have drawn up 10 my friend from Louisiana, tSlr
DoYss,l and be use i il i answers his purpose
seDator from Missouri, MIR ATcHIsoE, have drawn
up an amendment, which Is very brlef which viii come
mas proyiso 70 the hst section o. wheteyer else
sf,ogidsd That any actual settler entitled o.pre-emp
the said land warrants
That will then eondne the privilege 10 the original
holder or TO the assignee.
Mr. FELCH II seems to me that il would better carry
out the object OF The senator by providing that any land
warrant might be used IN paying for any land subject 10
presumption at the rae OF 81 IS per The pre- emp
lion tight may attach Itself to different subdivisions from
those which could be entered under the warrant alone
and then there would be manesily great difficulty II
is less than the warrant then the balance could not be
located elsewhere would suggest 10 the senator them
TO put his amendment in such shape that paying for
any land to which the person has eption right lie
shall be at liberty TO any warrants he may have al
the rate OF 81 20 per acre.
will say one word in relation 10 another matter that
has been referred 10 The difficulty which the senator
from Louisiana Mr. DowNsl wishes obvialc does not
arise at from The provision which he FIRST proposed
repeal II arises from another altogether II arises,
is the first place. from the law which gives the pre- emp
ton right, and then from the bounty-land law which
specifies the land upon which the location shall be made
that the repeal OF the clause he first referred 10 will
not effect at all his object And II the amendment now
proposed be adopted suppose that leaves the provs
ion FIRST proposed 10 be repealed standing precisely as it
does now. refer TO that, however, as inquiry
Twill suggest, therefore, 10 the senator to adopt the
following amendment in the place OF the he has pro-
posed: R@a
Propidsd That any person entitled The presumption
payment for same, The oil 81 20 per ac re-
for quantity Of land therein specified" u'
Mr. DOWNS will accept the amendment of the
senator iron Michigan lMh fELcHl IN place OF my
MIR. GWIN. Suppose that one of the holders of
these warrants is not entitled to presumption: he To-
tn his and npIa thatn rnV II
The PRESIDENTg Upon any land subject to private
entry, but not upon other lands. I8.
Mr.. GWIN That would then cut of 0 very large
class OF persons in California who are entitled to land
under their warrants, but who cannot locate in the
try ihey are. as there are no lands there subject
private entry There land on the Pacific coast that
subject TO entry, and there will be for years
to come t53
The question being then taken upon the amendment of
MIR. Downs, il was adopted.
MIR. DODGE OF Iowa. | offer the following amend.
ment additional section, TO come IN at the end Of
the bill:
He'd under the act Of sepelnber IS i55 to land warrant
shall have died since inc asssge sad aet the sh. ac
to his heir heits law, anything IN the said act TO the
contrary nowi,LsandIng-"
Mr. FETCH 10 iha, amendment intended to meet
any particular thai refers 10 the act OF September
rs, 1850!
Mr. DODGE, of Iowa will then add 10 the amend.
men after the words 1880" the words, or under this
act"
Mr. HUNTER hope this amendment, VIII not pass
fear we have already overloaded The original bill with
amendments; and we will thus expose II to many
hazards when goes back 10 the House, This amend.
ment proposes 10 alter tie principle which tie original
bill established.
Mr. DODGE OF Iowa To relieve my friend from Viz
gina, [blr HUyrER,l will Withdraw my amendment,
have not much interest in H. one way or the other.
Mr.. DAWSON. | submit 10 tue friends OF this meas
ure-and profess to be one--an amendment winch
think necessary Tor the protection OF The government
Under The law granting bounty ands 10 those who served
In the Mexican war, the power Of transfer given IL
has often been the the Pension Office thai fraudu
lent applications have been made, and the evidence
brought forward has been strong that has
been issued 10 thu person presenting it, have under
stood hat in live different were issued
for the services OF person These warrants have all
gone into the hands OF innocent purchasers Upon the
principle OF equity that the government is bound carry
out It's contracts patents would have TO be issued TO the
holders of these four fraudulent Can any plan
be adopted by which the government would be projected
against this kind OF iraudi warrant is issued, and is
Immediately transferred II is obtained oday by A, who
transfers II to Tomorrow, who has knowledge OF its
being iraudulenty obtained lie applies for his patent,
and IL will be granted to him. Now, how TO in.
vestigate this materl Can any amendment be proposed
10 this bill in order 10 relieve from tins objecton II
not, all will al that the government in posi-
ton 10 be deirauded in great many
know oil case--a man by the name or Keene, OF
The State OF Georgia, who enlisted in the service OF the
United States during the war with Mexico, He died
Suliyans island IN the State OF South Carolina. Two
females in the city OF New Orleans applied for warrant.
as The surviving sisters OF this young with all the
papers in form, and issued II transferred 10
gentleman believe son-in-law, OF senator upon
this foo-who Is entirely innocent OF any knowledge OF
the fraud, and he obtained patent have been applied
10 by the true representatives of the person who died. aud
shall get patent also So there will be two patents
Tor the same services
offer this suggestion, that gentlemen may provide
some amendment Tor the difficulty, II they do and
shall feel very grateful for II, II be done. For my
own part, can see way ofavodng the consequences
growing out Of this state OF things.
Mr.. UNDERWOOD II ] understand the difficulty TO
which the gentleman refers il Is this two persons claim
10 be the real assgnees oil warrant, and both obtain
patents II seems 10 that the difficulty would be OBJ
waited by providing that patent shall issue except 10
warrant The warrant then would show to whom the
patent should ISSUE and the government would not have
10 look into the matter
Mr.. DAWSON. That is not the difficulty II is where
persons obtain warrants by faudulently representing
themselves be the next OF Rim TO the deceased officer
soldier, and impose upon the government testimony
which goes TO establish that claim The warrant is
issued and Immediately transferred innocent pur-
chaser The innocent purchaser will be protected, and
the patent will have 10 be issued And yet the rightul
representative will apply, prove himself such get the
proper warrant and thereby there viii be two patents for
the same services,
Mr.. UNDERWOOD The only remedy is to punish
the man who applies frauduenly for the warrant.
Mr.. DAWSON But that will not get the land back 10
the government
Mr. UNDERWOOD This is purely legal question.
and rise for the purpose Of making few suggestions
response to my friend from Georgia, GMf DAwsos] In
all OF assignment The general principle u.s. that the
assignee stands in precisely the position the
sgnor occupied before the assignment II that principle
IS carried out with reference 10 land warrants, the
sgnee will occupy better position than the person who
fraudulently obtained the III the rDment