Republican vindicator. [volume] (Staunton, Va.) 1849-1857, 1855-01-13

) gress at the opening Of the present session
shows that there are one hundred an
twenty four thousand conflicting cases.
I Mr.. Hem. Do understand the gen
tlcman to say that conflict has arisen j,
one hundred aud twent, -four thousand ca
SEES
Mr.. tetcher. said the COMMISSIONS
Of the General Land Office reports tina
number Of COLLECTING cases.
Mr.. Hem. wish to correct the gen.
tleman from Virginia. He states tina
there are one hundred and twenty fou
thousand cases Of conflict between the
States and the purchasers Of swamp lands
The Commits ionrr's report shows thu
there are one hundred and forty Thousand
suspended patents, but all these susprn
SONS are not OH account Of conflicting
claims-there are thai. suspended be.
cause the Commissioner does not know
which conflict and which do not.
Mr.. Letcher. Very well, there are one
hundred and twenty -four thousand bases
Of suspended patents. How was this state
Of things brought about , | will refer you
notice. A gentleman went to the State
of Illinois. and regularly bought tract Of
land in the State OF Illinois. he being man
offine judgment aud perfectly conversant
with all matters connected with agricul-
ture. | say that since the act of 1852 was
passed. he went to Illinois and Made a
personal selection Of the one thousand two
hundred and eighty acres, believe, but
when he returned 10 secure his patent at
the land office, he found that his whole
tract was claimed by the State as. sWamp
land.
A single word in addition and have done.-
have drawn up bill, which propose TO offer
as substitute for the bill now under consdera-
,ton and it seems 10 me tina, my bill covers eve,
rything that ought TO be asked for. II is CON-
posed Of two sections. send it TO the Clerks
desk and ask that il may be read
The bill was then read, as follows:
Be it enacted, &C.. That the President of the
United States cause patents to be issued, as soon
practicable, to the purchaser purchasers locator
or locators, who have made entries of the public
lands, claimed swamp lands, either with cash. or
WITH land warrants with scrip, prior to the issue
of patents to the state States provided for by
the second section Of the act approved September 49,
1885, entitled can act to enable the State of Arkan-
and other States to reclaim the swamp lands
within their limits" Any decision of the Secretary
of the Interior, any other officer Of the United
States, to the contrary notwithstanding.
Sec. 2. And be 1t further enacted, That upon due
proof by the authorized agent of the State or States,
before the Commissioner OF the General Land SOfce,
that any of the lands purchased OF located were
swamp lands within the true intent and meaning of
the aforesaid the purchase money shall be paid to
the State or States; and where the lands have been
located by warrant scrip, the said State States
shall be authorized to locate quantity oflike amount
he liz IN
per acre or less, and patents shall issue therefor on
terms and conditions enumerated in the act aforesaid
Provided however, that the said decision of the Com
missioner of the General Land Office shall be ap-
proved by the Secretary of the Interior.
Mr.. Leicher. There is one other matter in
connection with this subject 10 W hich | desire
10 call the attention Of the comtiee l. seems to
me that, if the same course had been pursued
by the other States that was taken by the Stat
OF Indiana, there would have been no need of
any legislation upon the subject. Upon the 14th
day Of February 1853, bill was introduced by
the gentleman from Indiana who sits before me
Mr. Davis, to settle the con Aic,s which existed
between the Federal Government and the
State Of Indiana. After that bill had been dis
cussed for some time in the Honse, it was laid
upon The table by very considerable majority.
Well, sir, since the refusal upon the part of
Congress TO take action upon the subject the
whole controversy between the State of Indiana
and this Comment has been settled without con-
fiict or difficulty. And understand that in that
Stale from that day to the present there has nul
been The slightest difficulty will, regard to the
issuance Of patents TO purchasers aud locators
ulider the swamp land act. Well now sir if
dlfficu ~ could be adjusted then with tut legs-
lalion. Why can il not be nov in other States I
II it could be adjusted then, two years after
the passage of the act, why can it rot be adj
adjusted Twelve months lateI7
Mr.. Washburne, of Illinois If the gentleman
from Virginia will allow me, Will suggest an
amendment which, think, will meet With his
approval. would sugges. that, in the second
section of his substitute, instead .of requiring
| the proof to be taken to the General Lard Oh
flee he should allow il to be taken before the 10
cal land officers, and that shall be subject to
! their approval.
Mr.. Letcher. will tell the gentleman
why do not think the question should be
decided by the local land officers. These
officers are not judicial officers The.
have had no experience in judicial Affairs
They know nothing with regard to tn,
rules al evidence. Judicial decisions shout.
be pronounced by those whose education
information, and experience, properl.
NudJty tuCul " oVtiC suCu lucstiouS WisC
ly. and according to the law. They Shout
understand the Law and the rules Of evi
dence. 1t does not seem to me tina: Their
can be any great deal Of difficulty impo
sed upon the State governments by requir
ing them to procure testimony in reference
to these lands. and transfer 1t to the Com
missioner OF the General Land Office 10
his adjudication upon the case presen
ted. Besides, in these cases of conhic
of jurisdiction between the United States
and the States, the decisions in reierenc
to them ought to be kept on file at III
General Land Office. ioI the purpose @
being referred to in case Of any difficult
or controversy, in reference to the land,
that may hereafter arise. Isl, ii, s
Now. sir, in reference 10 these register
and receivers. how many Of them are ju
dicial officers' How many Of them know
any thing about d Judicial construction o
law? How many OF them can tell whetll
er decision is legal or illegal, or draw
the distinction between legal evidence
and illegal evidence' Now, think thos
questions ought to be submitted to mai
who is competent to Judge. who is place.
in position where his judgment may b
broug lit into action in adjusting those ques
tons and who has been sele cted, to som
extent, from the judicial character Of hi
mind That is my view. Now, wi
oivp xvav for A moment to the grntlema