Washington telegraph., 1854-03-22
Pre-emption Rights.

Mr. JOHNSON. [ am instructed bv the Com
mttee on Public Lands, to report bill tor the re-
lief of settlers on land reserved for railroad pur-
noses ask that the bill may now be read
through, and put upon its passage. 1t is matter
of some urgency. 1t is necessary for the public
interest and to secure private rights. therefore
ask the Senate to consider the bill at once
The bill was read first and second time by
unanimous consent, and considered as in commit
tee of the Whole.
1t proposes to allow settlers on the public lands
(which have been may be withdrawn from
market in consequence of proposed railroads) who
had settled thereon, prior to the withdrawal, the
right of pre-emption, at the ordinary minimum,
price to the lands settled and cultivated by them;
with provision that they shall prove their rights
according TO such rules and regulations as NAV be
prescribed by the Secretary of the Interior: and
shall pay for their lands before the day which
may be fixed by the Presidents proclamation for
their restoration to market.
Mr JOHNSON. 1t is for the public interest that
the bill should pass tonce; and [ will explain the
circumstance which render it necessary The
lands W hich have been granted to two or three of
the States for railroad purposes are now with
drawn from the market but the title is vet in the
United States and still have power to legislate
with regard to them. Prospectively, the Urited
States have parted with them; they have been
withdrawn from the market for the purpose of
been made to the States themselves: and under
these circumstances no action can be taken by
those who are actual settlers upon the lands
There IS provision in the presumption law
which requires thirty days notice to be given by
any one, who is actual settler on the public
lands, and designs to claim a pre-emption right
These reservations having come in unexpectedly
before they have given the notice. they are cut off
from the benefits of the general pre- emption law
The same thing may occur with respect to rail-
road grants, which may be made hereafter. if any
shall be made. The reservation having taken el-
feet before the thirty days notice has been given
the settlers are cut off and cannot now come for
ward, enter their land, and pay the money into
the Treasury of the United States and secure their
owa rights.
The object of this bill is to enable them. not
wlthstanding that reservation-where they are
bona fde settlers, and where they shall conform to
the rules which may be laid down to secure truth
u and fair action in the premises by the Secretary
ct the lnterior-to come in and enter those lands.
1t is for the interest of the Government of the
United States that this should be done. 1t is for
the protection of a class of people who are not
generally well read, or well informed with regard
to legal matters and who were not aware that
they were cut off by the provision requiring thirty
days notice, and who did not anticipate that the
reservations would act SO hardly upon them
1t Is consistent with the feelings of the people
vi tile otttS themselves Wnere these grants have
been made for railroad purposes. If 1T takes off
from anybody it is from the railroad grantees
from the States which have received railroad
grants, and it gives the land to those who were
entitled to it before, in obedience to other laws.
If this bill be not passed at once, and either of
the States to whom grants have already been
made should perfect the terms upon which they
are to receive the land before these parties can
secure their pre-emption, the consequence will be
that the pre-emptors will be cut off entirely, and
the States will get the lands. The settlers will
loose the land and the Government OF the United
States will lose the money, which otherwise
would have been put into the Treasury. The bill
s!ust and right, and | am instructed by the Com
mlttee on Public Lands to ask that it be passed at
once
No amendment being proposed, the bill was
ported to the Senate without amendment, ordered
to be engrossed for a third reading, was read
third time, and passed