The miners' express. (Dubuque, Iowa) 1849-1854, 1854-01-11

THE DUBUQUE CLAIM AND Law
SUIT.
A friend at Washington City writes US under
date Of the 2Sth Of Dec; 1.-THE pleadings have
all closed in the great Dubuque case which
has excited more than ordinary interest here
Reyerdy Johnson--one Of the Lawyers against
Us remarked TO friend, on looking around ano
seeing the whole of the Iowa Delegation in
attendance on the Supreme Court "tcuch the
hive and the bees old and young will fly ous
and attack you. Judge wilson spoke first OF tho
counsel on our side and acquitted himself most
c.edi.ably as was T. marked by the Court and
the auditory lie handled the Missouri Law
yer CoruicA without gloves-defended Albert
Ga!is,in and the other public iunctonaries of
our covernmen, arde n,ly and ably-,hey having
been bitterly attacked by Mr.. Cornick.
Fiau Smith VAS exceedingly able and in his
debut in the Supreme Court has morethan sus-
taned his kig IA reputation at home as lawyer
and b. sides has made, ! am sure, most favor-
able impression on the August tribunal before
which he pleaded 80 ably.
Attorney General Gushing also did Iowa
yeomans service on the occasion.
His effort was chaste, ornate and most over
whclning. Whether the court decides in our
favor or not, the Administration deserves our
gratitude for the hearty good will with which
they have lent all their power and influence 10
save your noble Ciy-the rich mines and the
still richer lands in its vicinity from the insatiate
grasp Of the beartlrss spectators and venal
lawyers who are seeking vampire-like TO clutch
your lots, mines and lands. But not the slight
est fear is entertained by any Iowa man that
they can succeed. Saying nothing of the ear-
lier decisions, Andrew Jackson as the executive
branch of the government decided against the
Dubuque claim-Congress has also decided
against It and now the third and last department
of the government will sound it's death knell and
the only incubus to your gro with and prosperity
be removed
We append below brief synopsis Of the
points Of which Judge Wilson argued at length,
and also the peroration of his speech not doubt
ing from the interest the subject attracts that
they will be perused with pleasure by our read
sfs:
REMARKS OF JUDGE WILSON.
In conclusion Judge Wilson remarked:
|, cannot be that any question as to our right
to this property, still remains. j cannot be that
the government did wrong in purchasing it from
the Indians, inviting us TO settle .herc; in re-
ceiving rent from the miners; in laying out
towns upon it and taking the money for the lots,
in establishing a surveyor-general's Office and
land Offices in one Of these towns, and in sur
veying and selling the other parts Of the tract
claimed II cannot be that this honorable court
has been mistaken in its decisions declaring all
such concessions as that relied on by the plain-
tiff null and void unless confirmed by Congress:
decisions which have been held forth to us in
the clear light of day, and upon which we have
rested and reposed thus far in safety and secur
ty-decisions which have quoted our fears and
given encouragement, enterprise aud energy to
the exertions Of our people. 1t cannot be that
they have no more part or lot there, who,
through the perils of savage warfare, and the
hardship and difficulties Of frontier settlement,
have developed the resources Of the land, made
it what it now is--planted institutions Of learn
ing-erected temples Of justce-built church
es where we worship the "God Of our fathers, I"
all hich, though humble and plain and some.
times rude, speaks 10 US words Of bright hope
and promise in the future. That our habitations
are ours no more, the fruit Of our industry,
dearer TO US than the most gorgeous palace il
TO its possessor, because they constitute all we
have there our wives and children are
there are all the endtarments and associations
of home, that our possession Of these is unlaw.
full and we are trespassing upon the plaintiff.
That fifteen thousand persons, embracing all
classes and conditions, men, women and chill.
less, homeless and impoverished. Where shah
they go' What shall they do? History pre-
SCENTS no parallel to sucha scene az this would
be-. The children Of Israel when in the will
derness had not been elected from Egypt They
went out from servitude 10 seek goodly and a
promised land which should be theirs. Food
and raiment were supplied to them. The pillar
Of cloud led them by day, and the pillar of fire
directed their footsteps by night. A stream OF
pure and refreshing water followed their path
way, ard throughout all their journeyings, vi
sions of t'another and better country cbeered
and animated their hearts But in this case j,
is asked that we be elected, not from bondage
but from home and happiness. The decision.
of this Courtwhich have been our pillar o.
cloud by day and Of light by night are sough
to be reversed and taken away No stream O.
hope OF consolation will follow our waaderings
no bright land is spread out before us. but w
sh amid the darkness and solitude of the d.
sert. The heart sickens at the misery and de
ISOLATION Of such an exodus; at the spectacle
which would be presented of the insecurity O
property-of the instability of judicial decision,
-of congressional ignorance, and injustic.
irremediable, and close the scene, once, an.
trust forever.
.aLstraa Of the argument Of T. S. Wilson
counsel for the defendant.
The land in controversy is in what was called
the Louisiana territory acquired BY the treaty o
1903.
The United States extinguished the Indiar
title to 1t by the treaty of 1882 made by General
Scott and Governor Reynolds. See lndiar
treaties, Statutes st Large, p 1874.
The sale by the United States 10 the defend.
ant was under the act Of Congress, Statutes a,
Large, p 81.
The plaintiff admits that defendant holds the
land by patent from the United States
This is the defendants title
Il is manifest from the plaintiffs petition and
exhibits that he has no title, and
1st From the permit from the Indians. They
| did not and could not sell the land, and thew
did not profess to do 20. l. was but permit to
| mine.
2ndly. From the permit or license from Caron