The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-02-07

WHIrcoMBl who is now absent account OF his illness,
requested that this bill should Oe passed oyer IN case
there should be any decided opposition TO u the sen
alor from Virginia lAlf HuNTERl 10 oil opinion 'hal II
should not pass-
Mr. PRATT He can have no opinion about it. as the
report has not been read, and he can know nothing
Mr.. BRoDHEAD. Perhaps he will be satisfied when
the report made by the senator from Indiana lMr
Mr.. UNDERWOOD rise to make motion to have
this bill lie I'LL Friday next That case was before
the committee when was upon Il, and think II was
reported against am not however, certain about lhai
and therefore want an opportunity to look into the
matter.
opposition this bill, and therefore think II would be
better have 90 until the senator who reported
is in his place.
The PRESIDENT lis any motion made
Mr.. UNDERWOOD. move 10 postpone II I'LL Friday
next And wish 10 say likewise, that that matter has
and this is claim for an additional allowance. think
this claim was reported against some TWO or hiee years
since.
Mr. BRODHEAD Such was the case.
Mr. PRATT. The senator from Kentucky Mr. uN'
DERwoopl says that this claim has been paid once Now
will inform the senator that in that he Is mlsak en-
This claimant has already been PAID sum OF money bul
not for the claim for which this bill provides.
Mi. UNDERWOOD understand that this bill IS Tor
resetllement oil the accounts That is what The bill
says Ii opens the whole matter again, and embraces
the repayment OF that which has already been at least
MIR. BAYARD The former payment was for personal
property destroyed in 1914 by the British This bill now
reported provides relief for the destruction OF other prop
ery. | am myself opposed to it. and will state my rea
| Mr. PRATT will state to the Senate that received
a message from the senator who reported this BILL
requesting me TO take his place in reference TO ~
and explain it. | think | understand the facts OF
the sufficiently TO explain II, and ! can just
as well explain this bill today as at any future
time hope, therefore, that the bill will not be post
poned but hatwe will act upon it now, one way or the
other The report can be read, which will give the opn
ion OF the honorable senator who IS absent, and think
explain the facts of the sufficiently for the SEN
ate 10 act understandngly upon IT,
The question being then taken upon The posponemen
till Friday next, upon division no quorum voted as io
ows-ayes Is, noes 10.
| The PRESIDENT said he was satisfied there
quorum presen, il the members would vote.
The question being again taken upon the posiponemen
upon division was agreed TO, as iollows-ayes -
noes l6.
The Senate, in committee of the whole, proceeded
to consider Senate bill l53-being "A bill 10 authorize T.
II. McManus 10 enter, by presumption, certain ands in
the Greensburg land district Louisiana !" which was
read
MIR. DOWNS. The facts Of The case are contained in
the documents which accompany the report which has
Just been read, and will state them very briefly MIR.
Mcblanus purchased these lands, believe, in both IN
stances at probate sale, after the death of persons who
had settled upon these lands In addition TO these two
parcels, there Is small quantity OF vacant land near
hun. Now, these two purchases, which, perhaps I'M
der the distinction made under present laws, cannot
probably be entered as empon rights, and this small
piece OF vacant land 10 which nobody else sets up any
claim, not exceeding IN all 500 acres, he asks that he
may enter and hold by way OF presumption. There is
statement made by number of his neighboTs confirming
these facts He purchased these Two tracts OF land
which were sold al probate SALE for valuable cousde
ration. suppose there IS no doubt as to his right TO
Ter that much. Whether he shall be allowed 10 enter
the small piece of vacant land near him, which nobody
else claims is for the Senate TO decide upon. believe
this bill has passed the Senate upon former occa-
SION.
The only difficulty is believe that there is an objec-
ton TO the transfer OF presumption right before Il is
cured But this is not case OF that kind. According
TO our laws and according 10 the position OF our Su-
preme Court after the death OF the parties these pre-
empion rights, though not perfected, still species
OF property, and bought and sold at these probate
sales in the ordinary OF business. The object OF
the law forbldding the transfer OF pIeemplion rights
was TO prevent speculation This is not case Of that
kind The man lives upon this property alter having
paid equivalent for in good faith il could not have
been bought upon speculation al this probate sale The
only difficulty is mere technical one and cannot con
celye oil any very serious objection.
| MIR ATCHlSON. have no objection TO this bill pro.
vided II is sufficiently guarded have my doubts, how
ever whether The sale uader an order OF probate court
OF preemption right would be at all valid whether il
would transfer anything at all or not Under the pre-
emplon laws believe, the representatives Of the de-
ceased may or may not enter The pre-empton right
crues to his administrators his widow, Now, ii their
rights should be protected in this bill by amendment
| should have no objection TO IT,
AS TO The small fraction of land which the senator
mentions, no difficulty in the way OF his entering il
now, whether he has or has not pTe-empon right, UNI
less somebody else has pre-enption right TO it, Ii no
one else has pre- empton right, he can go 10 the land
office and pay his money, and get IT, Suppose this
law should pass authorizing McManus TO enter this
quantity OF land not exceeding eight hundred acres and
then the representatives OF the deceased the widow
wbomsoever under the .empton law is entitled
this land should 60 to the land office, bring forward The
necessary proofs, and present the money for the land
what would be done That is the difficulty II this bill
passes, the money must be refunded to McMaaus, or
else you must refuse TO let the peemponers enter upon
the land shall have objection 10 this BILL If the
| rloh tE ~ tharg Hfrfan v rla1
Mr.. DOWNS. There is provision in the bill guard.
ing the rights OF other persons
Mr.. FELCH called for the reading OF the bill again,
and II was accordingly read showing that il not TO
nyalidate the existing rights OF any other persons.
Mr.. ATCHISON | am perfectly satisfied
Mr.. FELCH would like to inquire Of the honorable
senator who reported this bill tMr. DowNsl what the
difficulties in the way Of this person enjoying the right
now TO bay The land at government price
Mr. DOWNS. do not kow that there any, though
can state several that may exist There many
srctions and limitations under the law OF pre-emption
One is where man owns certain quantity of land be-
sides This man is planter, and may own more than
800 acres besides this land That may be objection
There may be others But he states his whole case, and
asks that il there be any exceptions of that kind they
may be dispensed with He also brings forward the
statements OF large number OF his neighbors-among
others that OF Judge Scott-conhfming his statements
Nobody is in conflict with him He has purchased these
two rights and there is small quantity OF vacant land
adjoining these two tracts which he wishes TO obtain
ute TO- lie cannot enter 500 acres for j is evident UNI
der the empiion laws, that presumption extends only
TO 100 There may be difficulty about the trans
fer and mayvery well happen that although the original
pre-emptoner may not have been disqualified 10 make
entry OF the land, yet the person buying II may have
more land than he ought 10 have 10 claim the right Of