The daily union. [volume] (Washington [D.C.]) 1845-1857, 1856-02-13


ana that neither the possession the title Of the
various grantees has been questioned by any He pre-
seatsI w Petition % Congress and the COMMITTEES o. Pr
en- accompanied BY bill for his relief, which acted
on ana the case submitted TO the evidence laid be-
The petition Congress reces the above facts and states
also mat when Carson purchased the land Of the Hales be
aud that they supposed they had right sell and convey
perfect TUE that he paid valuable consideration for the
lana ana That the Transaction fair and bona ds that
Carson after occupying the land for years. removed
Mississippi where he died and that after dligent search he
has been unable obtain original certificates granted
the aes and transferred Carson that all the
purchasers took the title believing be perfect and
doubted and in every paid the full value Of the
land that the petitioner purchased under the belief that his
title was derived from the United States and that he
aware that they had could have any claim the lands
title was undoubed He that he informed that
the the country have decided that when an Indian
reeee sells and conveys away the lands ceded TO him it is
an abandonment by the reservee and the title reyer so
yaeo 70 the United States Of these decisions he he
unaware az the time he made the purchase and has
reason 70 believe that all the purchasers equally I'M
mon teses that about the year 1926 they sold the land
Carsou that the purchase made for the consideration of
price for the lands that the money honestly paid by Car
SON. and the transaction in all respects, bona dthe
vendors believing that they had right sell and make good
title and the vendee believing that he purchased good title
to the land and that after the sale and after the money
effect the dispositions Of Thompson and James
Daniels and Daniel also that the land offered to him
1T.
The claimant also introduces office copy of deed from
Robert b. Parker, sheriff OF Clarke county Alabama dated
question lyman Gibbons BY
virtue OF sale writ of feri Jeia issued upon judg
% esa oy hfown against CarSp
ter dated the 9TH of June ls releasing all interest
of Gibbons in the premises.
Also office cspy deed releasing all the interest Of
Edward g. Center and his wife to the claimant and dated
the LIST day Of October, 1850.
Henry Center, that Edward d. Center his heir de-
visee executor This probably be supplied with ease
but such evidence necessary order to enable the claim
ant to have his title up to the Indian
There Is also what purports to be copy Of certificate
from the Commissioner of the General Land Office dated
the 18th Of April 1920 stating that the Haes had the right
to occupy the premises in question This copy however,
requires to be authenticated, which can easily be done
The first article of the treaty of August g. 1914, Stat
at Large, 100 between the United States and the Creeks
cedes certain lands belonging to the Greeks to the United
States 1t also provides chat where any possession any
chief warrior of the Greek nation who shah have been
active part therein shall within the territory ceded by
these articles TO the United States every such person shall be
entitled to reservation of land within the said territory Of
one mile square, include his improvements the
centre thereof be- which shall the said chief
warrior and his descendants as long be or they shall
occupy the who shall be protected by and
subject To the laws OF the United States but upon the vol
abandonment thereof by such his descend
devove to the United States and be identified with the right
OF property eeded hereby"
merely the construction of the words yountary aban
donment, it might perhaps be proper subject of inquiry
for valuable consideration, would be such voluntary
contemplated by the treaty in order that
the right OF the should deyoye to the United States
But the evident intention OF the to give to the
estate in feempei the land but merely right
to the land only long as he or they shall continue to oc
the same The LIST section Of the act Of March g. 1917
q Stat at Large $780, degnates the in which the
chiefs and warriors of the Creek nation who entitled
reservation shall locate their reservations and then provides
that the lands selected shall enure to such chief
ror long only he shall continue to occupy and cultivate
the and In he shall have abandoned the
SION shall on his deceae descend and vest in his heirs in
ieempe reseTvng to the widow OF such chief or warrior
the and Of third part of said lands during
her natural life This act which appears to have been in
tended decaratory Of the meaning OF the treaty states
with dstnclnss the interest which the have in the
land
We cannot adudge in this state Of things that the petit
toner has legal Of action the United States
and that they bound release him their interest in
the lands In question. The does present claim
founded upon law Of Congress regulation of
executive department contract, i'm
Piled with the government of the United States 1t
before by resolution of the House. Our construction OF
the act constituting the court Is that have authority
determine that party has legal claim az aust Uni
States unless within the classes specified
is founded legal right We authorized
anime any case referred by either house Congress
report opinion upon the law and state the facts
find them be proved but in relation 10 matters which
address bemeves parteuarly 20 the sound discretion and
beraty Of Congress- do not feel ourselves authorized
any legislation. In such the intelligence
and equity and right in Congress do not require any
aid from
In present case opinion the law is that the
claimant has legal of action against the United
interest in the lands in question
the facts find that the sale by the original
Carson made without fraud In good faith, and
valuable consideration and such was also, the
with the subsequent oonveyHnces including that to the Pe
TONER
There are some considerations OF equitable character
which properly be considered by Congress The
Intended for the benefit the Indians. They
aud Carson and the subsequent grantees paid not
merely Of the life Of the but the
simple OF the land. The considered
II more for their Interest cell the lands than occupy
They might have retained the possession daring their
ycs in which event the would have descended their
heirs II make difference the United States wheth
the heirs Of the In the petitioner
there would be necessity that, In matter 90
important the petitioner and unmportant 20 the Uni
ted States they should avail themselves OF what Ia strict
legal right IT, in consequences Of the sale Of the lands the
position the United States had been Ia any affected
Tor the worse the would present different aspect Bot
the effect OF the sale give the United States legal right
the aud which they had before the sale and II Is Tor
Congress say whether under the circumstance they will
take advantage Of such right
Ii may be added that the 23d Of February, 1885, the
Committee Private Land Claims In the House made re-
port In favor Of the petitioner accompanied by bill for bis
relief this late period Of the session the bill not
acted upon bat the referred to this court There
precedent for such action the petitioner asks TO be
found the OF February TO- ls9 % ST. at Large 346
IG2) This rcnquishes Stephen Steele and james
Indian In the State OF Alabama, provided
they have fairly and in good faith and for valuable and
adequate confederation and by authentic and valid deeds,
purchased the land all which conditions find have been
complied with in the present case
II the omissions the evidence shall be supplied which
referred shall submit TO Congress bill for
tho relief Of the petitioner for such action may be deemed
proper.
DEsPERATE DUEL WITH REvoLyERs-We copy the follow
ing from the New Orleans PicayuHe Of the 5th instant
II will be remembered that about two months ago