Washington telegraph., 1854-04-12
Fom the True Dcnocras.I
Letter from Hon. R. w. johnson,
WASHINGTON. April ooth. ls5.

~
WASHINGTON, April goth, 1854.
Mr.. Editor: To the matter now before me.
wish to call attention poirtedly. and pray that
ouripubhc journals will publish this SO generally
that the Information will reach every citizen in
the State who is interested, and save every one
Who can be saved by it.
The existing presumption law is so stringent
and as | conceive illiberal. as to require that in
every instance where a citizen shall settle upon
public land. he shall file in the proper lsnd office
a notice OF his intention, within Milty days after
ne shall have made such settlement, ii he intends
TO claim the benefits of the pre-cmption law
Thus no one can acquire a prescription unless
he has first given thirty days Aofice. And some
land officers have gone Ear as to decide so am
informed, that unless that notice was given with
III the first thirty days after the actual settlement
that 1t could never be given and consequently
that pre-emption could ncrer be obtained This
latter is SO absurd decision. that ! must doubt
whether 1t has in fact ever been rendered; the
hrst thirty days within the settler upon public
laLd and In the woods is always the most busy.
and requires his constant personal presence and
labor, tlor all such settlers are poor to hui!d
houses or camps and provide for the immediate
wants, necessities and protection of his family.
The meaning and is that the notice oi in
tention being given, the period of the settlement
shall 10 no case date back OF the notice greater
length OF time than thirty days but that the
failure to give the notice III the first thirty days.
shall prevent notice being given at any subsequent
time. @
Many of the settlers on our public lands, were
ignorant of the imperative character of this pre-
vision requiring thirty days notice to be given,
many of them were careless, and did not reflect
upon the importance of it; and many again Were
compelled to remain at home and wait upon and
labor for their families or lived remote from the
land offices, had not the means at the proper time
to enable them TO detray the expenses OF the travel
to the Office, where the notice should be given
and thus they have in all other respects been en-
titled TO pre-emptiou. and yet for the want Of
the notice are deprived of the right altogether.
MANY who this situation found them
selves entirely cut off by the reservation of lands
Tor railroad grants. The lands Were withdrawn
from market, the settler had acquired no pre-
emphon previous TO the withdrawal and as the
lands would only be restored to market after the
railroad grant should have taken effect all settlers
on the even numbered sections. would find their
land owned by the State and granted to the rail-
road company, unless cur Legislature took steps
TO protect them, (which, however, is quite posi-
be1 and all the settlers on the odd numbered see
tlons would ind the price of their lands raised TO
two dollars and halt an acre.
Now, sir, | sought in the first place TO get the
whole pre-empton law changed, and so amended
as to dispense altogether with the preliminary
notice OF thirty days. | found the general land
Office utterly opposed, and knowing that it was
Impossible to carry the measure with necessary
promptness, against the advice and wishes of that
department OF the government gave il up for the
present
then turned my efforts to the relief of that
class oi our citizens who Were in immediate dan
ger of losing their homes by the acts granting
railroads. In that procured the approval and
aid of the land department. | accordingly passed
bill through the Senate Immediately, giving us
L. a
sons upon the public lands within the limits of
any railroad reservation in our or any other State
It went to the House OF Representatives and Col
Warren secured its prompt passage there.
Its substance is as follows and it is the very
best that could be done and will save the homes
of great many.
Itapplies alone to persons whose settlement
lies within a railroad reservation.
1t dispenses with the preliminary declaration,
or notice of thirty days, altogether.
All persons who may have been actual settlers
on the lands before they withdrawn from
market are entitled to a pre-empticn whenever
they shall have acted required under the gen
eral pTe-empuon law.
They are entitled TO pre-emption at the price
of one dollar and tw twenty-five cents whether on
the odd or sections
But the settler must prove up his rights. and
pay Tor the land before il is released from reserv-
ation and unless paid for, the right to any pre-
euptlon Is lost TO the settler and this act ceases
to have any force or effect
To this last feature call the serious attention
OF all our settlers upon the public lands inside of
the railroad reservations, because the Legislature
will act upon the railroad survey of the Cairo and
Fulton grant land branches) in December next,
and in all probability by the LIST of March or
April thereafter, these lands will be restored TO
market.
As to the time at which the reservation will
cease TO operate on the NJ. O. & Red river route
and branches, | cannot say. All can judge. pro-
bably well as can; but | would say about the
same time with the other, though in fact, it may
be sooner.
To do justice TO ALL | must say that am in
debted 10 Gov. E. N. Conway, for suggestions as
to the injurious and unjust operation of the gerer-
al prescription law; and to the Hon. Arthur HAYS.
of Conway county, | indebted for having
brought up the subject OF the runous operation of
the railroad reservations taken in connection with
the existing hardships of the general law.
Very respectfully,
r. W. JOHNSON