The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-20

read the second Time. and considered as in committee Of
| Mr. FELcH II seems TO nae that there is a radical
difficulty In this bill and do not how II can be re-
moved The title OF the land il evidently disposed OF
by the United States under the referred in this bill
an act IN favor OF man BY the name OF Carson. Car
son had settled upon the sixteenth section. Ii will be
seen BY the papers in the and by the provision OF
The act OF Congress 10 which reference has been made
that he was permitted TO obtain tile 10 the sixteenth
section but provision, al the tme made that
the township should be permitted locate their sections
instead Of that disposed OF by the government This
lot or fractional section, disposed OF
IN that manner IL selected by the authority OF the
Stale for school lands and that selection approved
by the Secretary OF the Treasury.
Subsequently in passing the act Of the 81 March, lsl9
In favor OF Carson, express provision made in that
act by which the selection made was 10 be confirmed
the State authorities for school lands Now, sir if un
dersand correctly the legislation and the effect OF our
former action upon this subject, this On the Sd day
OF March, ls49, this property became absolutely The
property OF the State, or township, according 10
their respective claims. and the title became vested
sir, can the United States, by Congress, or in any
other manner, divest that title' | do not know
how il can be done II is not only vested in the State
authorities BY the ordinary operation OF the laws, seec
!on and affirmation, but by this special act Of Congress
Now we cannot by any legislation. dvest that nte and
give il to the individual who makes this application IL
Is true the papers show that The applicant this did
claim the right Of prescription, and that was recognised
by the department at one time but il is equally evident
that was subsequent TO the &C, Of Congress- Of s4e and
AT all events they had power to grant duplicate and
give patent or 10 do anything by which they should
dsposs q hs land Tor amy purpose except or school
and it to me that they ascertaned this be the
true state Of things and manifested il when their atien
ton called 10 the authority by which they had per-
mitted the party establish his pre- empon light, and
that they put the matter right by putting il precisely where
the law puts ittakng The title out Of the hands OF the
government and vesing II in the parties claiming il for
Mr.. DOWNS. Think the difficulty does not exist which
has been brought forward because the circumstances
not precisely as the senator from Michigan Mr. FELcH]
states them This was not in fact grant Of school land
at the time the bill was passed in favor of Carson, al
though Congress-thOse who acted herethought there
was. There not and for this Before that
passed. and after-bu, Of which Congress knew
nothing Bowman in attempting 10 perfect his entry find
ing difficulties because this was school section. applied
TO the Secretary OF the Treasury to have this lot released
the ground that land, by mistake had been re-
served for that township than entitled to; and
hearing Of the case Mr. Walker, having charge Of this
as the Secretary of the Interior has now, decided it,
and released this lot from school location, that be-
came public land. and permitted him proceed make
entry Congress at that time. knowing nothing about
it. passed an act in favor OF Carson which contemplated
that this was for school section, and authorized him 10
obtanit after obtaining the OF the people OF the
town seems 10 me the objection that the honorable
vested n the township Congress, passing this act in
favor of Carson acted upon mistake Of the facts But
that does not deprive the township of this land But
even ii II so unless am misaken--I do not reco
lect the phraseology OF the bthee is provision that
the lands shall only be selected with the consent Of the
proper authorities Of The township will read that clause
OF the BILL II reads as follows:
"Pfopded That nothing in this act shall be construed
50 as q reduce the quantity Of land to which the said
That Mr. President. is the provision and there can be
no doubt about IT,. The genemans objection is, that
this act deprived the people OF the township of grant OF
the land How that be. when the bill expressly says
know how this can be answered The principal argn-
OF the gentemanis that you do this because
dvests the township Of its lands The facts plainly
set forth in the bill The bill expressly dsclams H. and
it seems to me TO be clear case Tor one cannot see
The force OF the gentlemans argument do not wish,
Mr. President, to into argument upon this matter
to an error Of fac, upon which they acted
the bill in favor Of Carson Carson may have his rights
itwoud be placing the parties upon an equal footing,
and then their rights necessarily before court
Of justice hope the bill will pass
Mr. FELCH Ii seems TO me that the proviso does not
substan,ae the fact the honorable sup
pose. Whatis appropriated Why sir, The bill proposes
10 take away the land to vest the tlewhereas, think.
IT, The senator says il takes away land or in other
words permits them TO retain their own, land.
or perhaps gives them the opportunity OF locating sim
definite upon that subject But i is manifest that il any
operation il be had upon this bill, il is to give TO Car
the lands which belong 10 the townships or to the
State. lthat the title is in the State township,
and then II perfectly manifest that this is thing
have not the power to do. Is il So or s II not so II
the senator will look at the papers, he will see think
that he is little mistaken in the facts OF the Ii is
not the fact that the claim was presented by Bowman
anterior 10 the time the title given to the State
thortes as school lands, but subsequently,. have the
Carson act before me- and this is the second section OF
| that act
"Sgc. g. dad BE- Il further enacted, That the selection
heretofore made under tho direction and approval Of The
Secretary Of the Treasury OF lots marked 25 20. and a.
in said township 49, for the Of schools, In OF lo
10, be, and the same is hereby, confirmed
i approved, March 2, ls49"
i The senator seems TO suppose that Bowman had &C.
qured his title anterior TO that time Here the dates
This passed March D. is49. confirming the title
OF the State the township absolutely This party makes
his application for right OF pre- empon the land at the
appeal to the Secretary OF the Treasury and the Sece
ary admits H. and nsues the local officer 10 permit him
TO make the entry This order made July lsle The
whole of il after the which confirmed the title in
lieu OF the school lands This act was then called 10 the
attention Of the Secretary showing that this land
pose OF II again. and Immediately, upon asceainng that
fact, the whole thing RENTED back to the land
Office OF the district where the land was located, with in.
srnctons not TO permit the location TO be made saying
that the land had already been disposed Of and !, was
not in the power OF Congress the department to dives,
them OF the ttle and to give ii TO this man. any
other man.
Mr.. ATCHIsoN. move that this bill be indefinitely
Mr. DOWNS | hope the senator will not make that
motion The facts stated by the senator from Michigan
are certainly different from what supposed them to be
and should prefer that the bill should be laid upon the
table. 4
Mr. ATcHlSoN accepted The modification and
1 The bill was accordingly laid upon the table.
| ST. JoHs's CHURCH.
Mr. SHIELDS wish to call up bill which ba,
-. - .ok.. ~