Glasgow weekly times. (Glasgow, Mo.) 1848-1861, 1858-07-08

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thing, and when that application is acted
upon by the proper officer, it means moth
ing more nor less than that the applicant
has acquired right TO the land, if there be
no other person applying at the same time;
as the law prescribes, and the right TO bid
Tor it il such should be the case.
On the I'd of March, in my case, this
law was strictly complied with, and upon
the back Of my application is the endorse
ment thus:
Received and filed, March 2, 1857.
JAS. H. BIRCH, Register"
regretted the inability, on the part o.
the government, TO issue my title papers
but il was thing, under the circumstances
utterly and physically impossible.
thought, at all events, that the forma
applications, accompanying each warrant
and the certificates ought TO bear date on the
I'd March, the day Of purchase, and com.
planned Of the fac, that they were other
wise. and suggested the case Of pre-emp-
tor commencing work, say on the 4th or 9th,
and I wished the evidence that had enter
ed OIL the I'd, but the local officers, on the
score of mere convenience alone, would
date them on the day they were made out,
but this mere form. ought not, and surely
cannot, effect a contract solemnly entered
into by the government of the United States
and an individual, and that contract reduced
to writing and signed by the parties or their
| legally constituted agents. sufficiently at all
events 10 satisfy The statute Of frauds be-
tween two individuals. -..-.
The majority OF the Senate Commute
(standing four 10 three, l learn make this
matter OF the date OF the formal applica.
tons, and the certificates. the turning point
in the case, but unfortunately for these
Pennsylvania parties, their applications and
the certificates which they now hold, ought
to bear date (by the same rule, and | pre-
sumo, long subsequent to the 9Th Of March,
the earliest date which they claim, as hav-
ing acquired any light.
Apply the same rule TO these Pennsylva-
MIA parties, that is spilled to Yonley and
others, by :his Senate Committee, and it is
very clear to my mind, that the claim Of
Messrs. Felix, Mclaughlin. O'Reilly, and
their colony will fall to the ground.
II occurs 70 me, as an exceedingly strange
procedure with this Commissioner, that az
Ter his decision in the case of Mrs. Elliott
vs.. Mullin, recognizing the right of the
local officers 10 establish their own rules,
after he had ordered an investigation Of the
matter at Plattsburg, Mo-, he should coun-
termand that order and take it upon him.
self to cancel the entries Of the I'd of March
and proceed with rather indecent haste ia
the preparation Of issuing patents, when
there were thousands before them, to this
Pennsylvania colony, who, TO say the leas,
of it, appear in this whole transaction 10 be
his very peculiar favorites. He thus at
Temps, with certainly an insufficient knowl-
edge of the facts, to divest Yonley and 9th.
ers, (many Of them actual settlers, oftheir
title 10 this land, and invest his favorite
Pennsylvania colony with the same.
This question, at this juncture, bears
very much the appearance Of being q ques-
ton of personal animositv between Jane.
Fl. Birch and Thomas A. Hendricks.
But this is not the question. 1t is moi
whether James Fl. Birch, or Thos. A. Hen.
bricks, sis 10 fall, aud fall forever, BY the
issue Of this controversy"
1t is question of title 10 land, and which
is probably to be a very important one in
the courts of this country. b..
This Pennsylvania colony will, in all
probability, have good many suits Of eject.
ment 10 bring befoae they get possession Of
their "pronised lend."
am no "favorite" of Judge Birch's, nor
do belong to the Birch family, although |
regard him and his sons as highly honora-
bic gentlemen, and whatever may be said Of
Judge Birch politically, and however anx-
ious and general the wish may have been TO
GUST him from office, have no doubt that
in all this transaction Of the I'd Of March,
1857, he is in the right.
James H. Birch, jr., did not enter the
&c, 900 acres, which has been SO much pa
raded, for himself, but was merely an agent
for Other. parties, in which he made hand
some fee.
But the question has been made 10 as
sumo TOO much Of personal character, and
they have been calling each other hard
names on the school5oy principle; and while
it was going on as a matter Of Birch VS..
Hendricks, and Hendricks VS.. Birch, was
willing to see them fight it out. like the Kill
kenny cats; but when the report of the con-
troversy is made public, l was astonished
10 find my name conspicuous, and designa-
ted as o calumniator and conspirator. But
now take my leave, feeling assured that in
the end right will prevail, and feeling equal
ly confident in the meantime, shat there is
something rotten in Denmark l am, very
respectfully, &c., E. d. PARSONS.
1--WE invite the attention of the sick
and afflicted, 10 the advertisements in or
columns Of DR.. Easterly's Iodine and sar.