The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1858-08-19

Mn. CuAIaaAs Were I TO remain A.
lent upon this occasion--to make no re-
marks upon the features Of this bill
should be most wilfally rccreant TO the
rights Of those whom ! have the honor 10
represent
And here 10 the outset ! desire 10 say,
| cherish no other than kind and friendly
feelings towards Mr. Weissberger, who
seeks the incorporation Of the town Of Mo
ritzious.
!, sir, believe him 10 be high.minded.
honorable gentleman, who would condescend
to do no mean act, and who, knowingly,
would deprive no man Of his Just rights.
And however much am inclined to sym
pathize with those who have kindled the
fires Of civil and religious liberty upon the
affairs Of their country. and who have been
crlshed 10 earth by the iron heel Of Euro
pean despotsm, yet, sir, II il not the part o
wisdom to suffer my judgment to become
warped by my sympathy. and, ~ q consc.
quence, permit my prcjudiccs to perpetrate
untold injury upon hundreds OF my consti-
nents.
I conceive II TO be my highest duty to
guard most zealously the rights Of those
who have reposed their interests and trusts
in my charge and keeping.
II Ia c0ntended here that great wrong has
been done to Mr.. Wcissbcrg r; that his
rights cannot be obtained unless the pas.
sage of this bill be effected, and that the
last aud only means Of satisfaction left, is
10 incorporate the Town Of Moritzious, aud
TO repeal the charters Of Monticello and
Lower Monticello.
Here take issue with the friends of the
bill The entry Of town site is to be
made by the corporate authorities, but, ii
there be- none then by the County Judge.
STILL be it remembered that, in either case,
the entry is only in trust for the several use
aud benefit Of the occupants thereof, ac.
cordiDg TO their respective interests.
And, in this connection, ] will quote from
the evidence produced before the local land
Office, and embodied in the report Of the
Commissioner Of the General Land Office
TO the Secretary Of the Interior, under date
Of December 9Th, 1857.
10 September and October, 1854, Weiss
berger aud Riggs caused 10 bic surveyed into
streets, blocks and lots, about seven hundred
acres Of land, including most nj the land in
dispute The parties making il could &c.
quire no rights by virtue Of that survey.
II included more than double the quantity
Of land, which may be taken Us town site
under the net of 1874, and 80 was not 60
lection Of u town site II thereafter remain.
ed TO be ascertained what portion OF the
public domain should be- within the contcul-
plated town Of MoIi,zious. II was not until
no late day M the LIST of April, 1857, that
Wcissbcrger finally decided what lands
should be claimed for the town site OF Mo.
ri,xious. After said survey was made, the
said Riggs erected shan,y costing about
twenty-five dollars, on the land, and built o
ferry boat and established ferry. Beyond
that, no improvements were made in pursu-
ance Of the enterprise. No houses. either
public or private, were erected by the par
tics, who made the survey. or by Others
claiming under them.
Since the survey was made, the said
Wessberger has been but occasionally with.
in the Territory of Minnesota. His resi-
dencc has been elsewhere. II does not ap.
pear that he has resided upon the land in
dispute or that he expended a single dollar
in improvements. Or that any person
claiming under him has improved or resided
upon any part thereof During the absence
OF said Weissbergcr from that country, said
Riggs abandoned and sold his claim to u
portion OF the land. informing the parties
purchasing that his partner, Weissberger,
had left, aud that he did expect his return.
And That he himself was unable TO make
the improvement necessary to hold the land
as u town site. The application Of Judge
Sherburne to enter the town site of MORT.
ziou has in my opinion, no merits.
And quoting further he says, the towns
OF Monticello and Lower Monticello being
Incorporated the entries must be IN ,dc by
the town authorities, and not by the County
Judge, The rights OF occupants and o
those who claim interest, will be rs wei
protected by the local law under the one
form OF entry. ~ under the other. Weis
berger. and any who claim under him, will
be defeated in no night which it may be IL
their power TO establish by allowing the en-
try IN favor Of the town authorities
Now, sir, il any credit ut all eau b. givet
to these decisions, what right, ask. does
Mr.. Weisberger fail to obtain in case the
respective towns are entered under the pres
ent authorities What just claim is Their,
impaired, or real interest IN any way thwar,
cd The argument that change OF incorpo
rations will produce q different result is per
fcctly untcnable. and will hold good in nj
respect whatever.
Thon why should We disturb the tranquil
ity AMI peace Of the citizens Of these towr
sites when no good can possibly be accom-
plishedg
And why generate and perpetuate pecun
larry difficulties, anxiety Of mind, discorC
and distraction. when the cup OF human ex
istence is always full enough everywhere .
unarotdabis trouble and misery
lobjrct. sir. TO the passage Of this bill to
the reason tina, il iorcs upon the people Q
Monticello acts Of Incorporation Agsins
their expressd will. Their protests signe
,nith axfranr.l,nary noan,r,,tv upn ~, tir,