Arkansas true Democrat., 1858-06-01
Congressional.
O' O' '00''uVc, 1Hdy TT, IOoO PRIVATE LAND CLAIMS,

rbe Senate, as Tn committee of the whole,
 ..eeded to consider the bill (S. No. 279) for
 final adjustment of private land claims in
 States of Florida. Louisiana, Arkansas, and
 Ts.ouri and for other purposes
 The bill provides that any person or persons,
 d also the legal representatives of persons,
 bo claim lands lying within the States of Flori-
 Louisiana, Arkansas or Missouri, by virtue
 ,rant. concession, order of survey. permission
 7otle. or other written evidence of the ema-
 .tnr from any foreign government, bearing
 ~. prior to the cession of the United States of
 territory out of which the States named
 oro formed, and during the period when any
 ..b government claimed sovereignty or had
 actual possession of the district or territory
 which the lands claimed are situated, shall be
 rthorized to make application to commits
 ;oners to be constituted for the confirmation of
 boir title to the lands claimed in manner
 bich the bill prescrbes The commissioners
 ro .o consist of the registers and receivers of
 several land offices in the States of Florida.
 ou;siana and Arkansas, with their respective
 o1 districts and the recorder of land titles for
 c;tv of St. Louis, for the State of Missouri: ] =, 4bov are to hear and decide under such n ! .rncfions as may be prescribed by the commis- ! oner of the general land office, in conformity ;tb this act and according to justice and equity. n ,a tho nrinciples by this bill to be established k, . summary manner, all matters respectipg
 ucb claims within their districts, and make re-
 ,ort to the commissioner of the general land
 fice. thus classifying the cases: first all claims Which in their opinion ought to be confirmed. lk, here the lands claimed have been in posses inn and cultivation by the private claimants or 4bose under whom they derive title, for period Sk kof at least twenty years preceding the one of 7Efling the claim; second, all such as in their Eoninon ought to be confirmed where the lands Rre claimed under written evidence of title. as
 the first class, but where there has been no ' Retual possession and cultivation of the land taimed for at least twenty years; number three is to contain all claims which in their opinion Bought to be rejected.
 zk When the commissioner of the general land |zbfice approves the report of the commissioners 5in cases embraced in the first class such approv- Ial is to final, and patents of frelinquishment are fo be issued in favor of the climant, if the claim &b not for more than one square league. If the <eommissioner approves of the cases in the esecond <class, they are to be reported to Congress for its action, together with all such claims in the {frst class as exceed the quantity of land limited Sby this bill. The cases in class number three hare to be rejected finally when approved by the commissioner of the general land office. All 4other cases are to be reported to Congress, in (Which the commissioner of the general land of |fce shall disapprove of the reports made by the Boards of commissioners. Various sections are provided in the bill to carry out these general principles
 Mir. HUNTER That seems to be very Important bill It is new to me; and I should Bike to hear some explanation of it. Does it propose to transfer jurisdiction from the courts Ito board?
 Mr. BENJAMIN. No, sir. stated before |the Senator came in, that we have now some |thiry or forty or fifty bills every session before |the committee on private land claims because |the acts of Congress which provided local boards |in the different States have expired. These 8clams are so numerous that the committee have lnstructed me to report general bill under (which those boards are re-established in the <dderent States for the period of five years.- z Persons claiming confirmation are to present Stheir claims before these boards. They are *composed of the registers and receivers of the zland offices Tn the different districts. They ex- Eamine the claims, and report them to the com. Emissioner of the general land office. He ex- Eamnes them again, and reports them to Con- gress once year for general action t lsdue however, to proprietv, that should state to the Senate that there is one clanse in Ithis bill in regard to which it may be possible, Enough l see no objection to it, that other gen |tlemen may differ One clause of this bill pro- 'yides for final confirmation in certain cases. without reference 10 Congress. That clause is thia where party presents himself befor the local board, and claims under written title, lard ot which he has already in possession and cult- vatioh for more than twenty years, and the local board determines his title to be good one. and then upon appeal the commissioner of the gen. eral land office determines his title to be a good lone, that title, thus accompanied by possession |and cultivation for more han twenty years pre- |vGus to the application, is to be considered |good title in the land office, if the claim does |not exceed one league square. To that extent |ot late, Congress has not gone. Tn the earlier acts It did go to that extent do not suppose |that ln any case Congress would desire to con- fScate as public land the possessions of farmer. who was in possession and cultivation, and had been so for more than twenty years when his title were approved both by the local board and by the commissioner of the general land office here. think there is no danger in that what lever; but that be stricken out of the bill, if gentlemen desire it.
 MT. STUART. I wish, however. to suggest Ito the honorable Senator from Louisiana an amendment, to which I presume he will not object, more of phraseology than anything else He has provision some where in the bill which authorizes the reception of evidence taken in former cases and declares that it shall be regrad- ed as true prinea f0c'e. I suggest to him to make it simply eceivable-admissihle.
 MT BENJAMIN These are the words:
 "'The facts reported as proven by the former board shall be taken as the prim,a facie; and the evidence offered before such former board. and remaining of record, shall be admitted on the examination of the claims made under the pro- visions of this act"
 The facts reported as proven are to be taken as true in the new examination, pr7naa t1cie; the evidence remaining of record is to be admitted on the new examination. Those are the words of the bill.
 Mir. STUART. I should prefer that even in regard to those facts, they sho1ld simply be received without giving any especial weight to them, one way or other. Let the provision sim ply be that the facts shall be received.
 Mr. BENJAMIN. The facts reported as proved?
 Mir. STUART. Yes, sir.
 Mir. BENJAMIN. Received how? It is merely stated here that they shall be taken prina tacie as true.
 Mir. STUART. If the evidence is in exis- tence, that evidence onght to go before the pre- sent board for what it is worth If the evidence Is not in existence, then I doubt the proprietv ot taking any report of fac.siudependent of evil dence as proving anything. If they have the evidence, let it be received.
 Mir. BENJAMIN. do not exactly take the Senator's point. Many of the former boards reported to Congress that the claimant had proved certain facts but by reason of the absence of proof upon such and such other points, his claim was rejected. This section of the bill will, of course, only apply to cases wherein for mer boards have reported certain facts as pro- ven, and vet the claim has not been confirmed. In some cases they report certain facts as proved aqd then state what the deficiency is which pre- vents confirmation. In other cases they state what evidence there is before them, and say they'are not satisfied with it. This bill pro- Vides that where the evidence remains on re- cord, that evidence shall be admissible. Itpro.