The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-08-01

27th section in which il proposed 10 locate this petit
school purposes and although there has been sub
sequen action by Congress upon II, yet after all. there
Is nothing far as am able 10 discover in looking
the papers, which dvesed the title of the Safe II is,
therefore, as understand it, the property of the State
school lands and hence il is in the power Of Con
gress to make different disposition OF il deprive the
State OF It's title know there is proviso added here
which declares that ii shall diminish the quantity of
land taken Tor school purposes for iha township but that
does not at all avoid the difficulty which suggest Ia the
hrs place, II this land is the property OF the State for
school purposes, the title is in the school authorities
Ihen oil Course we cannot divest them without their
consent In the next place, il we undertake to grant
patent In that section, the bull makes provision for the
manner IN which the same quantity shall be taken else
where. The difficulty arises in the want Of power in
Congress TO make disposition. regret that the ques-
hon was brought up to-day. because have memo
randa which wished TO present. and ! can only state
their contents from my recollection.
Mr. DOWNS. am very sorry that the genilcman's
memorandum is not here, because It here when this
bill was up before, and | regret to say il was totally
erroneous. The gentleman does not understand this
case well he would have the Senate believe; and
must say, for all, that consider il little extra
ordinary, that not only in this case, but in many other
cases reported by the Committee on Private Land Claims
the Chairman OF the Committee on Public Lands should
have taken upon himself TO supervise their proceedings
as If nothing could be done unless the from
his particular committee. II that rule is adopted, sup
pose the gentleman had better move to dispense with the
services OF the Committee Private Lands altogether
And now, Mr.. President to show with how much eau
on gentleman OF aRober committee ought TO Interfere
knowledge, wish to point out 10 the gentleman and TO
the Senate how grossly he has mistaken the whole
III which he attempts TO correct the solemn formal action
OF that committee
The gentleman has stated that this is an ordinary case
OF pre- emphontha here Is lot set apart in nship
Tor school purposes, and therefore it must be sacedly
preserved as SUCH and Congress has power 10 dis
pese with that rule, or TO grant this lot for the benefit
OF the claimant here. That is very imperfect state
ment OF the The true state of the case is
this Under special act of Congress for this particular
township there are, instead of one three sections select
ed Tor school purposes. By the provisions OF the act of
Congress in 1926 in reference certain fractional and
other townships The Secretary of the Treasury was au-
thorized TO allow certain selections TO be made
give proper school lots in the State of Louisiana Ac
cordngy, IN this particular township, three different lots
Were selected Sometimes from nadverency more was
selected than they entitled TO. In this particular
case, 1t was asceraned long afterwards that had
been selected, and this petitioner. who was settled
one OF these lots, applied 10 Mr. Walker then Secretary
OF the Treasury, Tor formal investigation OF the mat
ter and Judgment upon it, Mr.. Walker took up the
question, and decided that more than legitimate portion
had been awarded and therefore that he would release.
no, lot No, l6 but lot No 81, The claimant, and allow
the entry TO be made. Was there anything improper in
that Was 1t not competent for the Secretary of the
Treasury to undo an error which he had committed be-
fore Most assuredly. He has repeatedly done it in
other After full investigation he did release this
reservation, and allowed Nr De Bowman TO go on and
make his entry
! Bat the gentleman from Michigan is as much mis-.
taken In law he is in fact, saying that Congress has
no power to make such release. Why, sir. the very
act which he relies upon TO defeat this is act
oil Congress relating TO Mr. Carson, in which the Secre
tsry of the Treasury made release Perhaps Congress
is wiser than has been heretofore and If IL will follow
the advice OF the gentleman, il will oppose the practice
It has pursued many years, in which has granted
empons and reservations, especially IN OF this
kind, where there were three lots reserved instead OF
one. Precisely the thing has been done 10 Carson
by Congress done by the Secretary of the Treas
ury in this 10 DE Bowman, bu, De Bowman did not
effect his entry.
And here wish 10 advert TO mistake-a serious mis-.
take-which the gentleman made when this subject was
j | unneTStDpd i'm N ala men
ofandum, which here them this act OF Congress for
Carson passed before The release The papers show
that such IS not the fact But this release made be.
fore that time; and if Mr.. De Bowman had been the
Land Office at the lime, it would have been perfected
but he was not obliged 10 go there Immediately and be-
fore be did go there the decision made He did not
90 there TO complete his entry I'LL this act some months
afterwards, was passed and when he there he
found what had been done and the Secretary OF the
Treasury decided afterwards that If Congress did not
inierpose IN this matter he had no power TO 20 and
make the entry.
This is the state Of the case. The only objection that
existed IN the case was removed By the Secretary of the
Treasury before the act for Carson passed. and the
for Carson was afterwards passed without any knowl.
edge on the part of Congress at the time that this
lease had been made for De Bowman II is evident that
II they had known that this bad been DONE they would
not have passed this Il is evident they did not know
il, because the act Of Congress in favor OF Carson
0ns this reservation and prevents the selection pre- yious
ly made. They certainly would not have done that If
they bad known that II set aside by the Secretary
OF the Treasury, as the papers show The whole state
VI were lHee Ols reserved
for school purposes in this particular township which
was entitled to only two or perhaps only one-certanly
not to three. De Bowman, the oldest settler, belle we
certainly who has obtained settlement in the town
ship-hndIng OF these sections which surplus
secion applied to the Secretary OF the Treasury TO re-
lease II from that reservation and allow hun TO perfect
his entry. Before il done, however, Congress- with
out knowing anything of what done on the subject,
passed this act IN favor OF Carson. Now suppose the
OF the Secretary OF the Treasury, in the regular dis
charge Of his duty is at least binding act Of
l. IOnErP hlU. do not DISPUTE the authority 10
release this reservation, but do not think that these
10 be considered nuy. Therefore, the object
of this bill ~ 10 place both parties the footing,
continue this release which the Secretary of the Treas
ury gave, let Carson, II you please have the benefit Of
his act, too and place the parties on equal footing
There no between the people OF the town and
anybody, but between Carson and this man; and the
whole object of this bill is to place them equal
footing that they 60 before court OF justice and
decide their respective claims. There can be no oblec
ton the ground that the people Of the township do not
want this thing done for they do consent to H. AT any
rate, there provso in the bill that contempates their
acceptance afterwards; that II cannot be done
uary 10 their wishes The senator from Missouri MIR
ATcHsoNl had doubts in regard to it, but his obec
4 ton is Withdrawn.
Mr.. CASS. Will my honorable friend from Louisiana
tMr Dowssl allow me to say that his remarks in this
case are moi characterized by that courtesy towards my
colleague which he usually displays towards hts fellow
members, and which always ought TO display in this
body He seems TO my colleague for investi-
gazing the case because the Committee on Private Land
Claims has reported it, He talks about revising their
proceedings though any OF precuded by the
report of committee from the right Investigate the
facts circumstances and principles involved in any
Why sir. thank any member o a committee who lnves-