The daily union. [volume] (Washington [D.C.]) 1845-1857, 1853-02-09

Lands was then reat,beng to strike out the following
pIoylso al the end OF the bill
"Providsd. further, That any seuer who has settled or
may hereafter settle, reserved lands shall be entitled
said sot Of 4S o 1851 after soS dG ap @
Deen released from reservation, In the IL
reservation had at the lime Of settlement existed"
| Mr., DOWNS. | hope that the amendment OF the Com
mlttee on Public Lands will not be adopted One great
object which had In view in drawing up the bill ogi.
nally was 10 make the change in the law which that
amendment proposes to strike out My object was to re-
move very great Inconvenience which exists where
reservations have been made, where, on account OF
arge grants being pending. some other cause the
and has been under reservation tor length OF time.
Many settlers go on such lands without knowing the
Tact OF there being reservations they make their settle
mens and years lerwards, when the reservation is re-
moved and the lands become public lands, the very per-
sons who have settled there i0r perhaps twenty years,
thinking all the time that they will be entitled pe-emp
lion, suddenly informed that their settlements amount
to nothing and that they may be removed wthou,
ceving any remuneration for their Improvements This
has been the operation OF the present law in my
State in cases and my attention has been called to
the matter There have been large bodies OF land there
covered by large grants which have been in dispute many
years. some OF them have been lately decided in oil
the government OF the United States. Persons who set
tied on them many years ago. supposng themselves en-.
ued to pre-empton, when they came to the land Office
to perfect their right found that their settlements amount
ed to nothing because the lands had been under
ton. on account OF the title being under dispute Ii
TO guard against an evil of that kind that the bill
framed it was, and that the provision which the COM
mittee proposes 10 StTlke out WAS inserted.
hope the committee will not insist on the amendment
can no reason why it should be adopted The pro-
vision which the committee propose TO strike out does
not interfere with any rights OF any persons tonly
moves a disability which now attaches to settlers
served lands In case, IN the State OF Louisiana, the
right OF pre- empon was extended by express law that
was IN the case OF the Baslrop grant Ihe object OF his
proviso TO extend the privilege TO the settlers
on the Maison Rouge grant, and great maBy other
grants in that State, which have been kept under
vation and lhe settlers upon which are not entitled
lln | W moi JuSIs n
their amendment but will allow the bull to remain as 1t
was introduced
| Mr. BELL listened to the reading of the bill with
all the attention that could. ] confess that had not
read considered it before and will thank the honora
be senator from Louisiana If he will do me the favor to
say whether it asects any conflicting rights TO pre-enp.
iion that large reservation upon the Ouacha in
the Slate Of Louisiana II the bill does that, shall take
favor if the Senate will permit it to lie over for
short ne that may have an opportunity to look into
it. do not wish to nierpose any objection to il now.
and only ask that may lie over Tor the purpose have
named. am not the particular representative of that
section of the country | undertook TO take charge OF
some papers, which handed to me by acquain
ance relating TO the personal rights of contestants
with regard to the right of entry within that claim.
glecng TO look into this bill little further, If the hon
orable thinks it affects the claims have referred
to at all.
Mr. DOWNS It does not affect them in the least
Mr. BELL allude TO the claim of Hyams, Chew,
Mr DOWNS understand tha, perfectly we'll The
bill has bearing upon that controversy That is a
question which will not be Affected in The least by this
Mr. BELL. Very well |, then | have objection to
the consideration OF the bill
Mr. FELCH. This bill was introduced by the senator
from Louisiana, Mr.. DowNs, in the shape in which IL is
now printed Tne committee have proposed to amend it
by striking out the last proviso The senator from Louis
objects TO striking out that provso for the reasons
he has given After the bill 10 the Committee on
PUBLIC Lands was sent 10 III the M Land - Uass' and .ne
cordance with lhs recommendation OF that offce The
bill provides for Two classes OF cases The hrst is Tor
extending the pre- empton right to settlers on lands which
have not been surveyed IL now extends only to those
who settled lands after they were surveyed The dill
hcnlty which presents itself is simply this; settler
goes upon the public lands before they surveyed and
under the present law he acquires no pre.emPon right
After the lands are surveyed second settler goes upon
portion OF the lands where the first settler has made
Improvements, and obtains right OF pre-empion and IN
that depves the first settler OF the right TO pur
chase the land The object OF this bill is 10 remedy that
difficulty, and 10 give the first settler the right OF pre-
empton.
The second class Of is that which relates 10 set
element upon alternate sections. The same difficulty
arises here, and have legislaed once or twice spe-
cally that subject Ii is designed 10 the first set
tier The right of pre-empion, by his simply paying The
sun OF 50 80 per acre.
The third provision of the bill is that the pre- empoo
right shall attach TO all reservations OF the pubic do
main, and that any man who goes upon reservation
may have the right he who goes upon and makes
improvements on lands not reserved. The objection
made the department that the reservations are made
for numerous purposes-as for military purposes, for
light houses, and several other purposes They are very
often made in large tracts Ga the particular point eau
be selected and surveyed for ght-houses, forts &c
| Now what would be the effect OF the bill Any man
may 20 and select particular point IN reservation OF
that Kind which has been selected Tor an important pur
pose and which the government require Tor light.
house or fort and he would thus acquire the right OF
taking it out OF the hands OF the government, by simply
paying the OF two dollars and half per acre The
senator from Louisiana night in saying that we have
egsaed in the OF the Baslrop grant, and in Other
cases. and ready to egisa,e again in any such cases
when the public interest will not be put IN jeopardy by
doing, and when II would 10 be required by JUS
,ce to the settlers We thought belie rather than 70
pass a general law by which the public interests might
be pu, jeopardy leave these special cases Tor further
consideration upoH their merits, whenever they pre-
sent themselves. will go, as have always gone, IN
cases OF claims land ceded by foreign government
where 1T afterwards proved to be the land OF the gov
eminent, the private claim not being good oneior CIV
ing the pte-emption right according to the principles
adopted by law Blu, think with the department, and
hope the senator. upon reflection, will not continue TO
urge his objecton-l think we had better conbne our
selves 10 the provisions OF the bill, excluding the las
clause and whenever these up, can legs
late for them specially We have cases in my own State
which could point out, and there cases elsewhere
where the public interest, reservations OF this kind
would be hazarded by the passage OF general law k'
this.
Mr. DOWNS. ! am very sorry that the senator from
Michigan will not consent 10 withdraw the amendment
for consider that its adoption will defeat the great obec
of the bill As far special legislation IN reference
these particular grants is concerned will state TO the
senator that the last session OF Congress Dill WIN
this provision precisely was presented 10 and passed s
Senate; but II has not yet passed The House, ano may
not that il is very uncertain, II we make sPec' pol