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

Government, patent shall issue to the Stat
therefor, and on that patent the lee-simpl
to said land shall vest in said State Of Ar
kansas, subject to the disposal of the Leg
islature thereof. TEis law has been 81
construed, 1 learn from the action of tn,
Interior Department, as a claim fee-sim
pie title in these lands from the 18th o
lSeptember, 1850, when the act was ap
proved by the President. How that con.
struction could have been given to it is
what cannot for my life imagine.
Mr.. Washburne, Of Illinois. | should
like to know what the gentleman under
stands the words Of the act, "these lanes
are hereby, granted" were Intended to
mean
Mr.. Letcher. 1 imagine that lands
thereby grsntedo do not vest title in the
State until the State gets patent for it.
BY the second section Of the act 1t is pro-
vided that tlse plats aud certificates OF sur
vey in the isna office shall be furnished
to the GoTc1hors of the said States, TO en-
able them to make designation, and to
report to the Commissioner of the General
Land Office the precise lands The Govern
ment of the United States shall issue pat
ents for. Now, how title can vest in lands
not yet ascertalned either IN their loca-
ton, or their quantity, is to me ex:raordi-
nary. s-R
But again according to the position of
my friend from Illinois, (Mr. Vashburn.)
il the lands are to be taken as having their
fee.simpIe title vested from the passage Of
the act Of 28th September, 1850. why is it
that other land than that designated OH the
returns of the surveyor to the land office
as swamp land, are claimed and held by
these States
Mr.. Washburne. / will answer the
gentleman, SO far as have information OIL
the subject. | understand, that by the
law passed. as early as 1885, surveyors of
public land were directed to make notes
on th.ir piats Of the quality Of the land.
whether II was or not fit for cultivation
That law has generally been complied
with but in some cases its acquisitions
have been neglected; surveyors have made
no such note on their plats. In such cases,
evidence was received at the Land Office
from competent witnesses in regard to the
swamp land.
Mr.. Letcher. understand that the ac-
ton of the Land Office is not confined TO
the precise line laid down By the gentle
mar from Illinois. It seems from the guam
tty of land claimed as swamp land since
1850, it would appear that Professor Espy
has been required in the northwestern and
southern land States to furnish sufficient
quantity Of rain to keep the Who'll. country
submerged. and this may account for the
fact, to some extent, oil our short crops in
Virginia. Laughter. We had very lit
tie rain there last year, and l account for
it by this swamp land controversy. | un-
derstand that the demand for rain was con-
fined to the land States, claiming under the
swamp land act. (Laughter.)
But let US 60 on and look at this law,
and see how it could be misconstrued in
the manner in which il has been miscon-
strued under this decision Of the Depart
ment Of the Interior. Here is the third
section, which would seem, if anything
could oit, to cut off all opportunity OF
misconstruction and avoid everything like
difficulty in ascertaiuing the precise linz
its.
&c SEC. .. And be it further enacted, That In ma
king out list and plats of the land aforesaid all le-
gal subdivisions, the greater part Of which Is eject
and unfit for catration, shall be Included in said
list and plats but when the greater part of sub
division not OF that character the whole of it shall
be excluded therefrom."
That indicates the kind Of overlooked
land referred 70. Lands along a stream
which Row and then overhows its banks,
l take it, are not included. When lands
back fion the stream, and lower than
those on it, are overlooked, they are not,
certainly, to be claimed up to the stream,
as swamp lands. For example, say that
IN six hundred and forty acres there should
be one hundred acres, wet, and subject to
overflow, under the provisions of tins Sec
tion, thai land is expressly excluded from
reservation under the act. II, out OF SIX
hundred aud forty acres, these are thee
hundred and thirty wet, and subject to
overflow. this SECTION would be included
uader the provisions Of the grant to the
State. Do not these terms seen 10 settle
the whole questions, to advise clearly and
distinctly the manner in which this land
should be selected and how there could
be controvers, about it, is TO me extraor
binary. II could be ascer,ained easily by
the surveyor, oragent Of the estate, wheth
er majority Of IA section was wet or over
flowed or whether less taan half Of that sec
ton was subject to overflow. They shoul,
have ascertained whether legal subdivis
ion had on it more wet aud overfowe.
land unfit for cultivation, than land tina
was not overlooked, and therefore, fit 70
cultivation, in the eye of the law. Their
should be no difficulty in ascertaining it,
But, strange to tell according to the repor
of the Commission Of the General Ian,
Office, there are one hundred aud twenty
four thousand cases OF contlic. between per
sons who have gone into these states am
located lands, aud the claimants under til
State government.
Now, sir, can you imagine-can any
body imagine, under the terms Of this law
how any controversy should have arisen
l cannot see how any can arise because
ifthey made a personal examination. i
seems to me all controversy would be avoid
ed. But ifthey did not make persona
examination. then do not think the,
construed the law in such manner as j
should have been construed, and as tn,
Congress which passed it designed it shout,
be- construed. Sir, Congress certainly new
er intended, in making this donation. 4
place in the hands OF the States absolute
power to extend or limit it as they pleased
| Il 500. ;.t.rdad in CARVING Out thu Ia ~