The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-03-27

hi district A. understand however, that II Is very
important ,hs the bill should be passed sAsly anu -
amending the bill, hope that il VIII now DC 'aken up.
and the amendment OF the House concurred IN, as uo
not desire to delay il any longer.
The motion lake up the bill was agreed TO- ana 'ne
amendment Of the House was read
The question being taken concurrng IN The amend
ment of the House. IL was agreed 10.
BILL PASSED.
The following engrossed bill was read third time and
Bill Is 25o) 10 divide the State OF Ohio into two Judi.
cal districts and 10 provide for holding the district and
circuit courts OF the United States therein
yRaRIA REVOLUTIONARY CLAIMS.
Mr.. UNDERWOOD Mr.. President. as the hour OF
one has not YET arrived, want 10 make statement 70
the Senate and to ask favor. reported D'ii very
early the session. which regard IN all It's pracuca ell
owners OF military bounty lands who have lost iheif
claims TO land in the State OF Kentucky, lying wesl o.
the Tennessee river by decision OF the Supreme Soui
OF the United States That bill. SIR being private phi
in lis effects although considered by the Chair as pub
lie measure, cannot get hearing unless II comes up on
privae-bill day; and want to ask the SENATE 70 !ake
up now, and give opportunity TO explain y very
briefly, and submit to their decision II depends en-,
rely upon legal question, and il can be compressed
into nut she'll will take up but little time, and II
% 81 ue e O'clock
Mr. PRATT. If il can be done with the understand.
ing by the honorable senator from Kentucky that Inc b
shall be postponed when the hour OF one arrives, 80 tha
IN Mr.. UNDERWOOD That is the understanding. !
agree to that, sir. ~
The Senate then proceeded. as in committee OF the
whole 10 the consideration OF the bill g. 53) 10 provide
for the unpaid claims of the officers and soldiers OF the
Virginia State and continental lines OF the revolutionary
MI. UNDERWOOD. Mr. President. if the members
OF the Senate will be kind enough TO hear historical fact
two will then take my seat In 7s5 SIR, Inc iegis
ature OF Virginia set apart the country west OF tne
Tennessee river satisfy the bounes promised TO ON
GERS and soldiers during the revolutionary war In 779
Virginia passed law selling her vacant 71 CONAN h %
being raise funds to carry on the American revolution
In that she reserved the country lying west and sonh
Of Green river, in the State OF Kentucky 10 pay me
bounty promised to officers and soldiers. Subsequently
to that lme in running the line between Carolina and
Virginia. was found that the line further north than
anticipated and then in 1853, as have remarked,
Virginia. in consequence of the fact that this Carolina
line ran further north than anticipated, gave the
country west Of the Tennessee river to the officers and
soldiers.
IN the act OF l779-seng her vacant domain to raise
funds carry the revolutionary warshe stated that
land claimed by the Cherokee Indians should be sub.
jecl to appropriation under that law Now, SIR ecoliect
these facis and the whole case lies in nutshell. After
the passage OF the law OF 1885, the ocers and soldiers
through certain experimenting officers sent out TO secure
their lands and to enter this country lying west OF the
Tennessee river to satisfy their bountes Prior to that
entry made in 1884, George Rogers Clark and some other
holding warrants obtained under the act Of
1889, called treasury warrants, located about hundred
thousand in this country west OF the tennessee
river and they said il was subject to appropriation Dy
these warrants, because it was not Cherokee land but
Choctaw land and therefore subject to entry under their
treasury warrants
The land was purchased from the Indians in 1918 by
General Jackson and after that time the government
made surveys and directed the land TO be carried INTO
grant. The controversy then came on between these
claims and the treasury warrant claims and General
Porterfeld Of Virginia, brought suit to recover from
the heirs OF George Rogers Clark this land, where the
city OF Paduca is situated worth a million OF dol
lars perhaps two millions; for there is knowing its
exact value. That controversy lasted for years, until at
length the Supreme Court OF the United States determined
that this country west OF the Tennessee river was not
Cherokee country and therefore was not saved from APP
preparation under the act OF l779 and decided the con-
Rogers Clarks heirs. Thus all military lands located
within the survey OF George Rogers Clark amounting
TO seventy eighty thousand acres, were swept
by the board, and the officers and soldiers lost every
thing by that decision rendered live six years
ago by the Supreme Court OF the United States The
controversy turned upon the question whether it
Cherokee land not The officers and soldiers contend
ed from the beginning that il was Cherokee claim. and
saved from appropriation by the act OF 1872 because
was Cherokee land while George Rogers Ciarks heirs
proved that il Choclaw land, and therefore did not
come under the provision OF the act of 1879.
The question now is only this whether these indvid-
uas who have lost their military lands by this decision,
depending upon the question whether II was Cherokee
or Choctaw land as far back 1883 's4--whether
they shall pocket this loss and receive compensation,
or whether Congress, holding the lands that Virginia has
surrendered, will compensate all those who by this decls
ion OF the Supreme Court have lost their lands. Sir, il
is controversy in which lhave particular interest in
behalf OF my constituents my interest 10 not equal 10
that felt in the old States in every direction Since
have been member OF Congress, sir, persons in Massa
chusetts OF of these lands, have written 10
upon The subject repeatedly; and Virginia has much
more interest in this matter than Kentucky. have re-
ceived memorials from the heirs OF distinguished officers
and soldiers, among whom may mention General Nor
gan, who a claimant for Of these lands. Gen.
Gibson also claimant for portion OF the lands
And Pickering, OF Massachusetts,, was another claimant
for portion OF these lands which have all been lost be-
there mistake with regard to the Indian title
TO that country far back 1853 or l7S4 The ques
ton is for Congress TO decide whether they will throw
the loss upon these individuals, because that early
the Indian title. Now, sir, il is historical fact well
known in Kentucky, that when the whole OF the west
part OF the State bought by Richard Henderson,
this land was supposed to be owned by the Cherokee
Indians; and il believed by those who best
quaned with the history of Kentucky that it Chero
kee land, from the time OF the purchase by Henderson
down TO the present time.
That is the whole case, sir and hope, having but
few minutes time 10 occupy that have explained il suf-
fciently I will merely add that the committee who in.
vesgaed the subject unanimous with regard 10
this branch OF the bill There claims OF the State
OF Virginia for land warrants that outstanding
which have produced great deal of discussion here in
Congress but beg that that part OF it may be thrown
out and this portion alone be presented for the consider
alton Of Congress- There will be some fifty or sixty
thousand acres involved
did not hear the bill read, whether he proposes to
authorize individuals TO locate anew, pay them in
money
Mr.. UNDERWOOD 1t is to take scrip which is to
be entered upon lands subject TO private entry.
No amendment being offered to the bill, il reported