Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1878-02-01


improved for more than six years before the trea.
ty. The Land Agent was instructed to convey
lots on certain conditions. The report Of the
Commission, dated Dec. 25th 1874, shows that of
the lands held by the two States in common, So =
300.S7 acres, and of the lands held by Maine in
sevelalty, ,52l. 81 assigned to settlers under
the provisions of the treaty. All the lands have
been conveyed, and the settlers OF them quoted.
Other persons now came forward with petitions
and claims. These ''caims" are various and va
| rOusly stated. The most of them wanted either
titles or compensation. The Attorney General
cannot see any legal or equitable grounds for the
claims. They have bad every right and privilege
they enjoyed previous TO the treaty. Their claims
however, were pushed, and finally the legislature
by resolve of APR IL, 1854, authorized a new COM
mission to examine their claims and report upon
them, together with other powers. Subsequently
the legislature authorized the Governor and Coun.
cil, on the report of the commission to have con-
veyances made out of lands belonging to the State
! to the persons returned bv said commission as
coming within the resolve of April II, and also TO
procure a release of the title VIII ere the title was
not IN the STATE in favor of snch persons as the
commission found came within the scope of the
| resolve, or else convey to them other lands of
equal value. The commission reported March 6,
1850. They located no grants; they located and
set on iditonal possessory claims from the State
lands 6,jO7 81 acres, also on the Plymouth and
Eaton tracts, which the United States did not
own, 6,767.1 acres. They reported lots purchased
or contracted to the amount of &c, SSS Is acres
They also set out equitable posse ssoIv claims"
81 40OO6 acres. The holders of the "possessory
claims ON The state lands bad their tides con-
hrmed, but the other claimants were entitled to
nothing under the treaty. The State however
voluntarily offered to release its own title and to
procure the release of titles Of others when
sarya voluntary offer to be recalled at any time
TIE Legislature in 1861 instructed the Governor
and Counc to have conveyances made to any per-
son coming under the treaty, or any of the preyi
Gus resolves. There the matter rested.
But there Is another chapter Congress had
never voted any indemnify TO Maine for any of
her lands taken to fulfill the conditions of the
TT atty. This claim was assigned by the State to
the European x North American Railway Co.,
which undertook Its prosecutions and finally secur-
ed lis allowance. The State authorized tue IL Sc of
it, name in the collection of the claim. The State
had been assg ned by the two comm issions the
VI, ACRES, and their reports show that each
Tel had his lot run out and set Oft. All that re-
manned Tor the State to do was to give deeds TO
the individuals. Accordingly the Governor and
Council by order Of 1868, immediately after the
passage OF the act of Congress, directed the Land
Agent to proceed at once to make deeds of the
lots designated in the reports OF the commissions
and of which deeds had not been made. The
money was paid over to the State, and immediate
ly paid out by the State to the railroad COMPANY
There remained, however, those who were dis
quoted, and the legislature Of 1873 appointed an
other commission TO inquire what settlers upon
treaty lots had not been quoted in their posses
slons. The commission reported that the treaty
settlers on No. 8 X. ), No. Y, r. 6, and west OF
the 9TH Range or eight lots nUrth of the St. John
river, twenty lots south of the river and on six
island lots comprising 4940.53 acres, were still
"unqulcted,' that is had received no deeds. The
Attorney General gives a schedule of these lots
There are few other treaty lots of which no
deeds have been given, as appears by the records
OF the Land Office. The why they have
not been given does not appear. Name is bound
by her past action TO make good the claims which
these settlers have put TO- or they should be paid
suitable equivalent for the same; the money was
paid over BY the United States with this under
standing. TIE United States can have claim
10 the rounding OF any pant of the money, so
i ng as these settlers are IN the quiet EMO
OF their property. This money paid as a sat
istacuon TO The state, and not to the people. The
case Is now between the State and the settlers.
The Attorney General gives the opinion, that
under the treaty Of Washington, the State Of
Maine is legally and morally held to release by
deed It's tite, whatever that may be worth, to the
lots referred to, or 10 render equivalent there
for The State Is no, legally or morally held to
pay any sum Of money TO any settler until he
shows that he has lost the lot run out to him by
the commission OF 1913 or 1874. If he has got a
good title now, 1t is all he can claim from the
state. a Judicial tribunal can ascertain in regard
to the Validity of the titles, and these controver-
sizes must be referred to the courts. But when a
settlers clam Is proved in fact, then the State
should promptly pay it, MIR. Emery recommends
that the Governor and Council be empowered to
tear and adjudicate upon such claims when
maNe.