The Kansas herald of freedom., 1855-01-06


they would find fault. But, Thank Heav-
en-, am accountable to God and human
ity for my conduct, and not to dogs in the
manger, or tn men who initiate their ex-
ample. c. ROBINSON.
Important Correspondence.
Extract from letter of Gov. REEDER.
addressed to ]. s. EMERY, Esq, of this
city:
SHAWNEE Mission, Dee. 90, 1854.
- Ium my opinion, man in
t!iis Territory has the right to make a pr,
emption on unsurvcyed lands; and if
he continues his claim by residence down
to the official survey, followed BY filing
his description, and compliance generally
with the requirements Of the act of Con-
gress, he cannot BE- prevented from oh.
tanning his title. When the title il thus
Obtained, it will relate back TO its original
inception, to wit: the erection of his first
improvement. IL this is SO, two eenelu-
sions follow very clearly. The first is, !
that although lie may have NO remedy !
nor, yet he may then recover for any TIM /
Der that was cut upon the land between
the first inception and the final consum-
nation of his title. The second is, that
if any houses or other improvements are
erected upon his claim by others between
those points of time, they become part
of the freehold, as mucl, so as the soil or
the trees that grow upon it, and the pre-
emp;ioner will take them as his own.
! 1t follows, then, that the cutting Of Tim
Der, or the erection of houses upon
lands prc-empted by others, is not only
unjust, and calculated to disturb the
peace, and lead to violence and crime, but
it is impolitic for the intruder, as he will
eventually be subjected to an action fog
damages, and the loss of his labor.
) Whether pre-cmp.ioner could nctr
, recover upon his possession alone, with
out regard to the state of lis title, might
admit of argument, but l shall not stop 10
! discuss it. Without undertaking TO de-
: eide whether your people have or have
f not thus intruded upon the claims of
t others, | hope nothing of the kind will
4 occur hereafter and in order to put a
, stop to it, if it has occurred, or to prevent
E tiff likely TO occur, / would suggest tl.ai
: this communication be publicly read to
e them. Respectfully yours,
: 80. A. II. REEDER.
e j. S. EMERY, Esq, Lawrence.
Mr.. EDIToR Having listened to tie
I public reading of the letter from which
this extract has been made, l wish to
, make few plain remarks.
The Governor says: In my opinion,
man in this Territory has the right to
make a pre-emptioa ON unsurveyed lands;
and if he continues his eiaim by residence
down to the official survey dc. Ac-
cording TO this language, man makes his
pre-emption, or exercises his pre-emption
fright, by simply going on to land unsur-
reyed as a resident. Blu. can right b.
: exercised before itexists? In the instruc-
;; lions from the General Land Office to Re-
gislers and Receivers, dated September
r Is, 134l, we read: g No Pre- -emption
. right exists by reason of a se.tlemen; on
and an inhabi,ancy of tract. unless a.
the date of such settlement the Indian title
) thereto Lad been ex:inguished, and the
land surveyed by the United States
, and am not aware that these instructions
have yet been changed. Ii this be so,
, what Is the meaning of the Govcrnpr's
: language Does one make his pre-cmp-
, ton by squatting ON unsuryeyed lands
merely, as the Governors language ex-
!, pressly holds, or ra her does he not, by 50
doing. pu. himself ia way to make it there
afaer
, Further, he says: " When tile IL
thus Obtained, it will relate back TO is
:. original inception, to wit: the erection of
, his first improvements Then he must
be understood As holding tha: the cree, ion
of first improvements is the making Of a
ipre compton. Tits is a misuse of terms.
But ] deny the position taken. A Il le
:. thus ob aimed does not ruil back 10 the
, act and time Of first squasiins; f,r if this
be not so, then We have a ii he to the land
. before We getour patent and if tl:is lat
ter position be true. then any squa.ieF may
obtain redress for trespass upon lis claim,
eseH before survey. But here the Gov
ernoris met by Grief Jus;re LEcoxPTE.
!. inaaspinion below expressed, where be
: tsays. 49,. TIE presumption aet of. 1871
seems. By its phrascolegy, 10 contemplate
7 a survey Of tie lands .. indispensable be-
+ fore any incbna.c right can attach under
/. loea:iosl-.v Do / acquire anything tl.at
: may be called lille 10 land by buildinga
, bous. upon unsurycycd public domain,
j when do not know where a single mee
5 or bound Of that Land may be2 l. the
: timber on the land about my house mine,
: leyen before government, which is tl,e
, proprietor Of ;ll public lands, has said /
may have the land a. all !? ~
The Governor 5 first conclusion l., that
$ a squatter can recover iefeafter for Tim
, Der cut upon unssrxeyei ciaims But,
: as Judge LEcosPTE SAYS that no nachoafe
4 rigkt can attach beE,re survey under our
: present laws. which opinion, il We take as
!, autEoii Y, ,and lam disposed toadop. Judi
z cial % Executive opinioiis inail matters of
. law-tbea the argument wii run after
d ibis manner. A nsansan r,,cos..r for i'm
n Der to which he never had eyen an Ia
n ekoote yight-one of the SMALLEST kind Of
rights. 50 to speak Tssa i3sss zsyl5 !
tt The second conclusion is equally cx- :
: sraordinafy. Am ] % hase my neigh,
!, boris house, simply because NE may. in
: good faith. have built on lands that arc
) thrown BY sbe. survey into the same qaar-
e tier section, when it WAS Impossible for
: him 10 know. at the Ense Of erecting bis
Z house, that such would hs the case