The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1877-12-26
Report of the Swamp Laad Com.
missioner.

AT the last Legislature, under an act
to revise, amend and consolidate the va
rious acts relating to swamp lands do
mated to the State by Congress on the
18th September, 1850, the Governor aP-
pointed Mr. ]. NJ SmyIie as Swamp
Lend Commissioner, charged with the
duty of selling the said lands remaining
unsold at not less than twenty five cents
per acre, and reporting to the Governor
| his operations. The Commissioners Re
port is before US, and we find it to con-
tain vast amount of useful information
relative to the condition of the lands and
Of valuable suggestion in reference to
the disposal of them. They are located
in what is known as the ''piney region"
of South Mississippi, and many of them
are especially valuable for their timber
resources. From these lands the Com
missioner has realized and paid into the
Treasury since the act was put into op-
Grafton Con 1st of April last) 3d.
800. The demand will increase as
the conditions upon which the
lands can be patented, becomes known.
The Commissioner calls attention to the
/ fact that one hundred and twenty thousand
acres are claimed by what is known as,
the ''Pearl River Navigation Company"
created during the Republican regime
an enormous swindle for which the
State received no consideration what
, ever. The Commissioner recommends
that all the acts relating to this Com
pany be repealed; and it should fur
Their be added that all grants claimed by
any company or persons whatsoever I'M
der the provisions of this Legislation
should be voided and cancelled as fraud
ulent and of no effect. The conditions
of the pretended grant were never com
piled with, nc improvements were made
in the navigation of the river, and the
Legislature should so declare and pro-
coed to dispose of them as other vacant
and untenanted lands.
The following is the concluding por-
tian of the Report in which are presented
the complications resulting from the
timber seizures in the sea shore region
and the causes thereof, together with
some recommendations that are worthy
of consideration
| now desire to call attention to the posi-
ton of the State in the timber trouble in
IS ffoV-
such vital Importance to large number OF
our labOring population along the sea-
Shore and involves so many legal points |
that it is with some hesitarcy that under |
take t. make the statement.
The United States Marshal, under a writ |
Obtained by special agent of the Depart
ment OF the Interior. took possession of |
large quantity of logs, lumber, charcoal |
and naval stores along the Pascagoula and |
other sire ms in southeast Mississippi, al |
leging that the said property had been
taken from the public domain. Upon the
first hearing, the United States Court
(Judge Hill presiding) quashed said writ
pending further action on the part of the
Government officials was convinced that
if depredations had been committed. it was
upon State lands. The necessary affidavits
having been obtained, writs ofreplevin were
issued to recover for the State; said writs
were placed in the hands of the proper
officers to be executed, and are now pend
ing. The Government has caused wrIts of
Replevin to issue against nearly all of the
property seized under the first writ. These
writS are also pending, and it is to be sup
posed that the matter will be determined
at the January and May terms of rhe
Court. The Government is making a Wig
Orous prosecution, and, as 4 natural conse-
quence, has crippled the commerce of our
Sea- board.
I have reason to believe that the trouble
IS to be attributed, in great measure, to
:he operations OF the following Act of the
Legislature of 1861, page 49, chapter 49,
AN ACT to confirm the location of Swamp
and Overfowed lands in Green and Jackson
counties, and for other purposes. .
SECTION !. Be it enacted by the Legisla-
ure of the State of Mississippi, That the 10.
,ation ofsWamp and Overflowed lands m ade
~ Hiram J. Breeland, locating agent for
1reen county, and Fl. Krebs. locating agent i
or jackson county. duly appointed under r
m act of the Congress of the United States
If America approved September 18th, 1850,
'e and the same are hereby confirmed.
SEC. 2. Be iL further enacted, That upon a
he production of the certificate OF the Sec Z
etary OF State certifying the amount OF
aid located lands, and that authenticated 6
eturns OF the same have been filed in his b
ffic, it shall be the duty of the Au iitor of r
t Public Accounts to Issue his warrant in |
4vOr of the said Hiram j. Breeland and H
ArebS for the amounts to which they are re- d
pectively entitled for making said loca- n
ions, as prescribed by law, under which the G
anne are made. =
SEC Be it further enacted, That this 7
Act shall take fleet and be in force from t.
nd afi er its passage. n
APPROVED, Decem Der Sd, 1861.
The selections referred to were placed
pom the records of the Swamp Land Office, =
nd large quantities of the lands sold ana n
atented by the State. These lists have not :.
cen approved by the Secretary of the In =
,rior, and the lands EN- braced therein arc ~
,garded by the Department as vacant Z
Eited States lands, while the parties pur- ! OF
lasing from the State have acted upon the IA
opposition that the title vested in them bV :
lie patent from the State was sufficient til re
e for them to sell or cut the timber. We +
e not prepared to say that no depreda- Ia
ons have been committed, but have no -
in saying that the State has lost !,
lily as much, if not more, than the Gov nc
'nment by amy depredations that may 40
ave been committed. But as the facts
ust come before the Courts and the ne T.,
ssary legislation will present itself to :"
'mmittee of that honorable body, / sub ah
1t the facts as stated tor their considera- to
On. Very respectfully, of
JOHN NJ. SMYLIE
Commissioner of Swamp Lands. AT
We will add that Mr., Smylie has held 81
e position of clerk in the U. S. Land of
flee in this city, but in consequence of ge
zeal in protecting the interests of Mis- 10
'sippi in the log-seizure complications, -
was intimated to him that his resigna- ~ -.
N would be accepted. He promptly WI
ted upon the suggestion, and thus re fol-
med position which afforded him in
out double the compensation of the one ma
at he holds from the State. Had he ~
signed his place as State Land Com arr
he could have retained his ger
ice as clerk. ant
val
ant