The daily Minnesota pioneer. [volume] (St. Paul, Minn.) 1854-1855, 1855-02-12

tructiUu Oi TINS railroad sii, q d be, and there
y were, vested absolutely in the individuals
omposing this Company, without the necessity i
II any further deed r grant; so that the title |
Y virtue Of this act t. all these lands was, a. !
ar ~ this territorial act could make it, perfect.
tie amount of land disposed OF by these bills
to all Minnesota was eight hundred and fifty
.wo thousand four hundred and eighty acres.
The bill which came from the Senate was
IF rred to the Committee on Territories, and.
b siag been reported on favorably by that
G ,mn tt.e, was referred to tn Comm t
te. f the Whole on the state of til,
Union After discussion in committee. tina;
OIL was reported back to the House with
amendments. One of these amendments was
carried in the House. and then, on motion, the
bill was laid upon the table. subsequently.
the bill, which had been introduced, Oh notice.
" one OF the honorable members from Michl-
ran, and referred to the Committee on Public
Lands, was reported back by the same gentle
nan, aud was retained in the House, and. after
various questions taken ON twas finally passed.
Bat inasmuch as anterior to that action thers
ad been the territorial act, now proposed t.
ne sapproved, passed. by which title, in fee
to all these eight hundred and tifty-two thOus-
and four hundred and eighty acres were vested
l -uiiuCSOtd OLu ~ AIotIIVAt
Company, this House declared that no portion
of the lands provided for by that bill should
inlre to the benefit of any i!rOad cOrpOraton
constituted on organized. AS this Northwest
RI. Railroad Company had been constituted
by law, but not organized, it came within the
.ilrect purview of the act Of this House, and
was intentionally excluded from any benefit
from the grant IF these lands. After this bill
had passed, it is within the recollection of the
House that an unauthorized alteration Of 1t
was made by effacing the word or and ill.,
serting the word "dnd," so that the act was
made to read--that no portion OF the lands
thus granted should inure to the benefit OF any
railroad company, constituted and organized.
Dut as this railroad company was only cOnsti-
tuted, and not organized, it was thus made to
escape from the provisions of the act thus spo-
lated and it became entitled, by that altera-
tion in connection with the act which We pro-
pose to annul, to these lands-thus pcrverting
the act by the alteration, to the exact contrary
of what the House had determined.
This bill went to the Senate, and from there
to the Executive. Having been approved, it
was returned to the HOnse. 1t was approved
10y the Executive on the 29th Of June, and OF,
the 3Oth June, or the LIST of July, as qnick as
news could reach the city Of New York. a
meeting was held by certain individuals at the
! AstOr House. VINO there in point of form, or
/ uaniZrd this Northwestern Railroad Company,
and claimed the title, in fee simple, to thest
Ugh hundred and titty-twO thousand acres OF
and, and insisted that they had acquired there.
by vested and perfect II lc thrrst'.
1t having been suspected that some unau-
| t z-d and luduient alteration had tea
li,c in the act, a committee vi inveStlgat
was raised. The result was two reports aud
a bill being introduced Ivy portion OF tn,
committee Of invest cation, decia: ing the con-
str4ction Of the act as it passed this House on
motion OF an honorable gentleman from Norsh
Carolina, Mr.. Craige. everything but the
enucting Clause was stricken out, and section
repcaling the act granting these lands to Min
nesota, was substituted and carried. After
this repeal had thus been contaminated by tn
House. the Senate. for want OF time to cone II.
in the House bill, amended private bill by
adding section repeating the Minnesota land
bill, and in this form returned it to this House
Which concurred and was approved by the
President.
Notwithstanding this repeal th. railroad
company insisted that it was beyond the pow.
er OF this House, beyond the power Of Cot
grcss to repeal a statute which had vested a
right, or interest in lands in the Territory o.
Minnesota and that, therefore, their title t.
tEese lands, claiming under the Territory Of
NJ nnesota, had not been, and c..u.d net be
Impaired by any act OF Congress. Shorty af
forwards and as early as the 23d day of DC
tob,r-J desire the House to notice dates
the district attorney Of the United States for
the Territory of Minnesota, without any in.
structions from any Department, without tho
knowledge of ally Department, and in viola
ton Of his official duty, commenced an action
in the name Of the United States, against thi,
Northwestern Railroad Company, the objec
and purpose of which was to enable the til,
of this company to these lands to be adjudca
ted. 1t was all action Of trespass for enterin.
upon these lands, and cutting down timber
and carrying 1t away. IL was commenced OF
the 23d OF October. The pieadings are ex
ceedngIy volumnous; but within the remark
ably short space of twelve days the summon;
were served, d caration fled plea put in, re
pill alton to the pea fled, and demurrer to TIL
plea; issue was thus joined, the cause set dow
Tor argument. argued ami decided against tn
United Stats, and all in twelve days. S,
that ON the SUIT which was commenced on thu
!; Odd OF October, there was judgment entere.
on the 4th of November absolutely agains
the United States, without any power t
amend the plead:ngs or without any furhe
action there. This Judgment was consumma
ted on the 9th OF November. From thi
judgment writ of error was brought to thu
Supreme Court of the United States, and tn,
cause was docketed here on the 2Ist of Janua
ry. And the first knowledge, or notice. off
cial, or unofficial, that any Of the Departments
of Washington had of the existence of this &C
ton was the docket Of the cause in this cit,
on the last mentioned day.
Now, Mr.. Speaker, the Committee on tn
? Judiciary, without entering into the disputed
!: ground as to the right Of the people of Ter
ritory TO legisate upon matters involving tn