Columbia gazette., 1854-01-14

been defined by proper authority. Until
the titles to these grants shall have been
settled and their boundaries accurately
ascertained by actual survey, errors will
be committed by settlers in locating pre-
emption claims.
And, as it is now more than probable
that many years must elapse before these
obstacles can be removed, by the final
settlement of these perplexing questions
judicous legislation for the protection Of
the bona-6de settler, would seem, in
justice to that enterprising and useful
portion Of our people, to be absolutely
necessary, just and proper.
Entertaining the opinion, that in all
cases where the location has been made
in good faith by the settler, under the
impression that there exists no title ad-
verse to that Of the General Govern
ment, just compensation should be allow
ed him for all necessary and substantial
Improvements, in case OF ejectment, it
is deemed a duty to commend the sub
ject to your favorable consideration.
Before dismissing the question, how
ever, it may be proper to add, that most
Of the States of the Confederacy have
sanctioned the principle by legislating
for the protection Of the actual settler.
For detailes your attention is respect
fully directed to the Revised Statutes of
Illinois. page 5ll Hutchinson's Missis-
sippi Code, page $50. Revised Statutes
Of Texas, pages 969 and 97O. Clay's
Digest of the laws of Alabama, pages
800 and 32l. Thompson's Digest of
the Laws of Florida, page 1877. Revis-
ed Statutes of Ohio, pages 6O6 and 696.
Revised Statutes of Indianna, page 500.
Pennsylvania Digest by Dunlap, pages
969. Revised Statutes of Missouri page
444 and AS.
With view to the further encourage
ment of agricnlturalists, and as an in
ducement to diversity of pursuits among
the people of the State, I would respect
fully call your attention to the propriety
of again exerting the influence of the
Legislature in an effort to obtain the
passage of law by congress donating
the public d,main in California, in limi-
ted quantities, to actual settlers, as in
Oregon.
There certainly EXISTS no good reason
why the Government should, in Californ-
ia, require from the settler one dollar
and twenty-five cents per acre, and in
Oregon donate, it free of charge.
The California overland cmigrant
travels about the same number of miles,
and two-thirds of the whole distance
over the same road; he encounters the
same difficulties and dangers; endures
similar privations and hardships; and is,
moreover; subject to like expenses and
sacrifices in making his arrangements at
home, as we'll as losses on the journey.
The discrimination made by the Gen
eral Government in this matter, adverse
to the interests of the settler in Califor-
mia, is therefore, regarded as exceeding
ly unwise, if not unjust, and [ trust will
be re-considered by the present Congress,
and the public domain in California,
as in Oregon, donated in small tracks to
actual settlers.
But if Congress cannot be induced to
change its policy, and donate the public
domain to settlers in California, and if
the present act is to remain in force, it
certainly ought to be so amended as to
extend, at least another year, the time
allowed for pre-emption upon unsurr yed
lands. If this after March next, the
growth and improvement of the state
must be greatly retarded, and the in
terests Of our people very injuriously
affected
By the act of Congress approved Sep
tember 2sth, 1850, entitled "An Act
to enable the State of Arkansas and
other States to reclaim swamp lands
within their limits, it is provided" that
to enable the State Of Arkansas, and
other states, to construct the necessary
leyees and drains, to reclaim swamp and
overfowed lands therein, the whole Of
these swamp and overfowed lands, made
unfit thereby for cultivation, which shall
remain unsold at the passage of this act
shall be and the same are hereby granted
to said States"
The second section of the act requires
the Secretary of the Interior to make
out a list Of the lands and patent there
fore, and transmit them to the Cover
nors of the several States interested.
Also, that the proceeds of the sale Of
said lands shall be applied exclusively,
as far as necessary, to reclaim such lands
by means of levees and drains.
The third section provides that, "When
the greater part ola legal subdivision
of land is wet and unfit for cultivation,
it shall be included in the list; but when
a greater part of a subdivision is not of
that character the whole shall be exclu.
ded.
The fourth and last section of the Act,
makes its provisions applicable to all
other states in which swamp and over
flowed lands may be situated.
The Act is constructed to exclude ''all
lands subject to periodical overflow by
the influx and currents from the rivers.s'
Lands of this description in the val
ley Of the Mississippi pass by this grant
even though they may be cultivated for