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


not madeahough believe most OF the errors are now
corrected, and they proceeding 10 make entries,
although al one time the sales We're suspended and
great deal of money reunded-yet there would exist
other difficulties although there was none on account oil
the want OF good and accurate survey Tor parties are
not permitted TO enter more than ioo acres OF land by
way OF pre- emption, and somebody else may enter a
patent over him do not know whether II has been Of
Tered for sale or not suppose Il has not OF ne would
no! ask the aid OF Congress Inc very SSlseI o. the o
Now il this bill should be rejected THIS party, who, IN
good faith and in the ordinary course OF our proceedings
there when these rights sold at probate sale, pu
chased two OF them will be liable 10 have this land
offered for sale. and the house IN which he has resided
years may be taken from him by some one else. Ger
tainly seems 10 me that this is fair and reasonable
case Our policy has been. where purchases have been
made IN good faith, for the purpose oil having home
upon the land in this case, that we should recognise
the titles and give prescriptions
do not think have ever seen stronger case than
this There be doubt about the TACT OF the settle
ment there from statements made by Judge Scott and
is LEGGED in his memorial They know reasons why
the title TO this small tract OF land is not good and why
he should not be allowed TO enter by way OF preempton
right think there is necessity for postponing IT,
Mr.. SHIELDS, | would like 10 ask the honorable
senator from Louisiana question--wheher there is no
conflicting evidence IN this particular clam-whether 1t
has been asceained by the department that there is
other claim interfering with this did not see anything
on this point from the Land Office.
Mr.. DOWNS. do not know OF any information be
fore the committee upon that subject but infer that
there conflicting claim because II there had been
would have been likely 10 be known by his neghbors
And we have statement by number OF gentlemen lv-
ing around him that they know OF no reason why this
should not be granted
Mr. FELCH, Mr.. President, make the motion to
postpone the further consideration OF this bill until FIJI
| day next
The question being put, on division there were ayes
| 10, noes l6--no quorum voting
| The PRESIDENT Senators will have the goodness
TO voc There is quorum, in the opinion oil the Chair
Mr.. WALKER, Before the question is again put, de-
sire 10 say word For my opinion is that this bill
/ ~ kn -
nothing more less than this The land can now be
entered by private entry, but the proposition is 10 extend
the pre- emption right 10 this individual from 100 acres
to eight hundred II the land cannot be entered
this proposition 10 take the out from the operation
OF the law as existing and give hun right It
seems to me that any other person would nave The same
! right
| Mr. DOWNS No other person in the community has
purchased right OF the original settler who has title
TO IT, How then can any person have the same Tgnl as
he himself when there is no other person IN that stua
ton who come and ask this privilege think that
the difference is very great
Louisiana that on reading the report am perfectly sat
isfed OF the justice OF the claim, but am also exceeding
" anxious 10 ascertain precisely what the clam is.
There is nothing in this statement that shows whether
800 is The claim not If he be allowed TO enter
500 he may interfere with the rights OF others All
ask the honorable gentleman s, that we may have an
opportunity 10 examine it further. Between now and
Friday the matter be inquired into al the General
Land Office that may ascertain precisely what the
nature OF the claim is what its bounds, and whether
is no objection to it, think shall have none.
The question being put the motion TO postpone the
further consideration OF the bill to Friday next was
agreed TO.
W. sIMoNToN.
The Senate proceeded TO the consideration OF the bill
Is 1867 for the relief OF John w Simonon which was
read a. second me and considered as IN committee Of
the W hole
| Mr. HALE Mr. President, am not going TO say one
word against the bill but want TO inquire whether, un
der that phraseoogyh payment OF money upon princ
plies OF Justice and equiiy-he party will or will not be
paid interest understand that have paid out large
interest under that exact phraseology and
the Senate by vote the other day concluded that they
would not pay interest upon claim Justly due, to
know how tis-whether they will pay interest or not
i MI. MALLORY. All the facts involved in this bill
are set forth in the report ask that The report may be
read the senator may not be familiar with the subject
and will then answer his question.
The Clerk commenced reading the report Before he
had concluded he interrupted by
| Mr. ATCHlS0N. Mr. President, il il be in order, |
move that the Senate adjourn.
| Mr. DAWSON. | hope The senator from Missouri
will withdraw that motion for few minutes There is
one bill which | feel under great obligation 10 have
passedthe bill for the relief OF Lieut. Col Mitchell from
a judgment against hun.
| Mr.. ATCHISON. | will withdraw it,
The PRESIDENT The Chair would remind the
Senate that another bill is under consideration, and
not be laid aside except by motion 10 that elect
Mr.. HALE. ! hope that the senator from Florida
will consent that this bill be postponed; for II II ~ brought
to a vote now, shall feel bound TO go against il 10 its
present shape II it be postponed, and put il into
shape will vote for II but RS II Is now, must vote
against IL. There IS suggestion that we take up the
bill for the relief of Col Mitchell from judgment against
him TO the amount OF some eighty or ninety thousand
dollars, under which his property was sacrificed for the
United States, and hope the senator will allow this bill
10 lie over until Friday next.
Mr.. MALLORY. will ask the honorable gentleman
il he will vote for the bill il il is postponed until Friday
next
Mr.. HALE. Fit is postponed will vote for Il, pro
vded that il is put INTO proper shape could state my
objection the bill now but do not want take up the
time OF the Senate to-day.
MIR. MALLORY. There was but little more TO be
read in the report, and hope il will be finished
Mr.. HALE. | did not interfere with the reading OF
the report; II was the senator from Missouri who in
terfered.
The PRESIDENT directed the Clerk 10 finish reading
the report, which was accordingly done.
Mr.. MALLORY. | certainly did not expect the slight
before Congress deserving its attention, II Is GER
ainy this Ills clear OF taking private property
for public use without making any compensation what
ever, but, the contrary Withholding compensation for
over twenty years II has been before Congress twice
beorehas been fully considered, and favorable reports
have been made in almost the same identical words al
both sessions The occupation OF the island, and the
declaration Of martial law over private property, were
turning IL TO the public for the purpose OF the sup
preston OF piracy in the Gulf OF Mexico and obtained
that end thoroughly. At the time the property OF
the not only destroyed but all the benefits
suing from the purchase were delayed for years and
years They come here now and demand no Interest,"
can answer that drecty-and they will receive none
under this bill The bin will fail to give them that to
which they were entitled twenty years ago. IL simply
requires pay dollar for dollar what they out OF
pocket at that time For years and years they have been
delayed in procuring the testimony. The officers oil the
navy who at the island at the time were removed