The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-06-05

purpose Of saving Congress The necessity Of passing
separate bill IN every case similar TO his IL authorizes
The Commissioner OF the Land Otce, upon satisfactory
proof, TO issue duplicate land warrant in where
they have been lost IL intended simply TO save
Congress The necessity OF passing bill for every oi
the Kind which may arise II leaves the issuing Of du.
plcaies, all other left the discretion OF the
Commissioner OF the General Land Office upon sasiac-
tory proof being maids to him.
Mr.. FELCH. ] think i would be better 10 lei this bill
e over until we can have an opportunity Of looking a
ue further into The matter. II applies 10 all bounty.
land warrants that have been issued under all the der
enl laws that have ever been passed.
MIR. CLEMENS. There is but one class TO which
the pnncple does not already apply
Mr. fELCH, think the senator is under nisappre,
hension IN regard 10 that There is class of in
which the department has TIE power which the bill pro.
poses TO confer and the bill in lis terms applies all
classes, and not TO mere isolated class OF cases. II
gives unlimited power TO the department to grant dupl-
Gates where the original land warrants have been lost
destroyed II sometimes becomes nice question 10 Der
eide whether party entitled 10 renew his land
rant who has had land warrant; because, under the
law now, all land warrants become assgnabe, and il be-
comes frequently an important matter 10 determine
whether the original warrant has been lost assigned,
and passed into the hands OF Another bonn jde holder
desire TO look further into this matter before shall be
willing 70 adopt this principle 10 the fullest extent do
not wish 70 throw any objections in the way but hope
10 examine the matter more mnn!ely.
Mr.. UNDERWOOD think, perhaps that my friend
had better allow this bill 10 be referred TO the Committee
on Public Lands, for their examination.
Mr.. CLEMENS. II has already been reported from
the Committee on Private Land Claims.
MraUN DERWOOD Notwithstanding that, IL affects,
as the gentleman from Michigan Mr.. FELoHl says our
general land system; and therefore think iha, il would
be better, perhaps, that il should 70 through both
Eittees.
| Mr. CLEMENS | viii offer an amendment 10 oh.
vate that objection This bill Mr. President, is founded
upon an application for evolutionary land warrant.
Here letter from the Commissioner in which he
that there rs no exciting law authorizing the Issue Of du
plicate revolutionary land warrants Now, sir propose
70 amend this bill by exclusively conlinag il TO rcyolu-
nr f1ptm ha,k ~.
ton 10 that will 10 amend il by inserting after
the word cases." in the fifth line the words OF eyo-
utionary land warrants" so that il will read
"hat The Secretary Of the nerior be. and he s hereby,
authorized 10 issue duplicate land warrants in all
eyoionaly land Warrants y which the original warrants
have been lost or destroyed"
Mr. DAVIS. Is this a revolutionary case
Mr CLEMENS. The petition upon which this report
IS founded was Tor duplicate revo uonary land
amt see necessity for restricting it, except 10 obyi
aye the objection raised by The senator from Kentucky,
Mr. uEDERwooDl think il ought to apply 10 all such
cases and then il would great deal of trouble
Mr. fELCH Let i lie over.
Mr. CLEMENS. Very well, | will not press it.
MIR UNDERWOOD l would suggest TO my friend
from Alabama Mr. CLEMrssl that be had better make il
apply TO this individual case. instead OF being general
MIR. CLEMENS. have no authority 10 do il. Ionly
reported II unler instructions from the Committee
Private Land Claims
Mr.. UNDERWOOD. Hadi not better, then, be recon
mltled, go that il may be converted into bill to provide
for this particular casei The bill il stands would
open inquiries into transactions which happened fifty
sixty years ago; and how many would come up, and
how many might be brought before the department with
out looking Through the revolutionary saisfaciions for
bounty LAND claime, nobody tell; and how many
frauds might be praciised nobody tell think i
had better be made individual case In my opinion, IL
would be much better Than open these nvestgatons
which nigh, extend back 10 the beginning OF the gov
eminent Al any rate, before we become compelled TO
examine all the alleged losses which might be brought
before us. we had better think of il a little.
Mr. CLEMENS. have no objection TO the bills lying
over; but the objection which has been made by the
senator from Kentucky Mr.. UsDERwoop] amounts 10
no objection al all This opens II simply
transfers The power oi issuing the duplicates from Con-
gTess 10 the Commissioner OF the General Land Office
Petitioners come here upon less proof than would
be required by him, and get their passed every
session II IS only throwing guard around the issu
ng of warrants. he proof that would be required at
the department IL never required here the claimants
bnng proof that will satisfy the committee and the com
nilee make report 10 Congress, and not one in TWEEN
yhye oil the members OF tie Senate or The House Of
Representatives know what that proof u.s. The object OF
this bill II 10 require strict proof ia every case. have
no objection to its going over, however, but the only d
ference s that The proof will have TO be stronger there
than here.
Mr. UNDERWOOD. Here is the officially, sir. 1t
ought TO be investigated and ascertained whether these
warrants were originally assignabe; and il ought 10 be
investigated TO ascertain also how The records of these
assignments have been kept; TO show the manner in
which the entries were made. and ia which the
grants we're male-wheiher in the name Of the as
signee or in that of the original holder OF the war
rani. Now sir seems 10 me that ought to asccr
lAtre lpEs DtOfe we act III lhere nave moi becn
proper records kept Of all these hingsand this is the
idea which wished 10 suggest 10 the senator from Ala
bama lMr CLEaEssl-and II you open this at this late
day, claim might be brought forward upon an allie
CATION that the warrant had been lost when, If the
records have not been kept accurately, you cannot go
back fifty or sixty years-and particularly after The
burnihgs that have hadto ascertain whether these
original warrants satisfied, unless You 40,
page by page, the patent books to find The patent
Mr. CLEMENS Will The gentleman allow me 10
ask him who will be The most likely 10 find out whether
these warrants orignal--lhe commissioner who has
them Congress who have never looked al ihem and
know nothing about them
Mr. UNDERWOOD. 1 suppose II would be the duty
OF Congress- IN every individual case, 10 satisfy them
selves that be warrant lost by an inyesigation
should sUppose that would be the duly of every com
mlitee that made the examination UPON an application
for the renewal Of warrant. therefore say that this
particular examination IN every Individual case ii gen
uemen do Their duy-and that is tie presumption
uponwould be great deal better than passing gene.
raj law when The records may be detective from The
burning. have alluded TO- that you could not reach the
truth. Now, sir, all l wish is to ascertain how that
matter stands before legisate upon IT, am not op-
posed 10 giving this man duplicate for his warrant II he
lost II, or IN passing general law 10 give The public
their just claims against Us, il IL be properly
guarded.
And sir will take this occasion 10 remark that am
told that there is among the executive departments here
practice OF keeping everything which would lie.
velop good claim against the government. | am op-
poseI TO that from beginning 10 end. would make all
our public records open the MONDAY sun | would
the government should be paid | would no, care in
whose hands The claim might be found, should be paid
" The records OF the government showed that Il just
would have governmental secrets to cheat any.