The Indiana State sentinel. [volume] (Indianapolis) 1868-1895, 1888-09-19
THE LAND QUESTION.
Restitution OF stolen Lnnds-Land Stealing
I'm New Mexico.

Restitution OF stolen Lnnds-Land Stealing
I'm New Mexico.
Gentlemen, in approaching the conclusion OF
what | have to say, / must refer TO still
further ground of encouragement. | find it in
the action and attitude of the democratic and
republican parties touching the land question,
aud am drawn to this topic by the fact that |
am somewhat familiar with IT, while my official
work in New Mexico for the past three years
seems TO make it appropriate.
The republican party prides itself upon
its early eSpOusal OF the homestead policy
principles, from the old free soil
party Of lsiS 1t also claims the glory of hay-
ing enacted the homestead law OF 1852. Let il
be duly honored for its good work; but the
country will not forget that, simultaneously
with the enactment OF this law, and as If in
tending 10 nulhfy its operations, this same re-
publican party set on foot system OF extrava-
CANT and unguarded land grants to railroad cor
poretionS, which surrendered TO their purposes
an aggregate area OF the public domain about
equal to the entire territory Of the thirteen
original colonies OF the Union. | admit that
there was some excuse for this legislation, and
that il should have the benefit OF extenuahng
facts. We were graphing with the difficult prob
lens OF great war, and this naturally opened
the way for hasty legislation on other questions.
The demand for great highways to the Pacific
was deemed imperative, while their construc-
ton was believed to be unattainable without
the help OF the public lands. Moreover, the
value OF the lands granted was not then under
stood as il is to-day, nor did any one then lore
see the rapid settlement and development of
our western states aud territories through which
the building of these roads would become a
a work OF practical accomplishment without
the aid OF the government. l add that be-
lieve that IL was universally understood that
the lands would be promptly restored TO the
public domain on the failure Of the companies
20 comply with the conditions OF the grants. II
this had been done, the mischief inflicted
upon the country would have been compare
lively tritling. The recreancy OF the republic
can party was not so much in making the grants
as in declining TO enforce their forfeiture and
succumbing TO corporate dictation. If con-
gress had done its duty. the great body OF lands
given away would long since have been re-
stored 10 the public domain; but the roads
were allowed TO proceed In their laggard way,
and hold back from settlement and tlllnge dur
ing many years vast areas Of land which had
never been earned, while IL is well known 10
every lawyer who practices in the federal
courts, that their rulings in controversies aris-
ing under these grants have sometimes been
colored by railway influence. Attempts were
made in congress at various times TO declare
these grants forfeited, so that the lands might be
restored to the people, but they were battled by
republican opposition. This happened year
after year, while the railway lobby played Its
strong game in Washington and congress be.
came the servant of the corporations it had
created and richly endowed. More than one
hundred millions of acres OF the public domain
were thus illegally held in the clutches OF these
cOrpOrations while an additional area almost
as large was withheld from the people under
executive orders, covering the even-numbered
sections withdrawn pending the survey of the
odd-numbered ones, and indemnity lands I'M
warrantably reserved. The truth is that for more
than twenty years prior 10 the Inauguration OF
Grover Cleveland the general land Office, TO a
fearful extent, was a mere bureau in the SER
vice Of the railways, as | have demonstrated IN
carefully prepared magazine article published
few years ago.
But congress, at last, under the pressure OF
public opinion, was constrained TO act. Bills
were passed in the torty-eighth congress de-
claring forfeited i9,6l0,SS0 acres. and in the
forty-ninth congress 3O,Sll 800 acres, making
a total of 504S2,247 acres. These measures
were initiated by democrats, and the oppos-
ton to them came from republicans. Since
Clevelond's Inauguration 50, 1888 acres inn
properly reserved have been restored to the
public domain by executive action, while the
present house OF representatives has passed
bill declaring forfeited 90 7S5, 562 acres. which
bill, il is generally understood, will fail in the
republican senate. If to those sums we add
l0,70i,542 acres already recommended for re-
covery, in cases now under consideration in
the general land Office and the department OF
justice, we shall have an aggregate of l67, 49,
III acres This democratic record is not CON-
house OF representatives has passed bill re-
peallng the presumption law, and so revising
our land laws generally as TO set apart for
actual settlement the whole o. our remaining
public domain which is fit for cultivation.
This measure, il is much to be regretted, viii in
all probability be defeated in the senate, which
has repeatedly refused to concur in its essen
tial provisions.
Mr. Chairman think am justified in say
ing that this wholesale restitution to the people
=
legislation is as honorable to the democratic
party it is damaging TO its opponents. 1t
certainly furnishes no reason for turning out
the present administration and restoring the
cast-Of dispensatiOn of public plumber which
has so long scourged the country.
Allow me to refer TO a more particular and
localized illustration of republican devotion to
the rights of settlers. NaturaliSts tell us that
with the aid of a single joint of an animal they
can determine its entire structure. Let me see
If | cannot give you a pretty clear apprehen-
sion of the nature and makeup of latter-day
repubHcanism by examining the joint of 1t
which is supplied by New Mexico.
When the United States acquired this terri
tory it was incumbered by old Spanish and
Mexican land grants covering a claimed area
of about fifteen million acres. The govern
ment bound itself by treaty TO respect the title
to these grants, so far as found valid under the
laws of Spain and Mexico; and, by act of con-
gress of July %, 1854, the Office of surveyor
general for the territory was created, and il be-
came his duty to ascertain 'the origin nature,
character and extent" OF these claims, and
make full report of his opinion thereon for the
final action of congress. This armed him with
very large and responsible powers, for no court
in the Union had any authority to review his
opinions, which were final and absolute SUBJ
ject only to the ultimate supervision of con-
gress. The matter to which l wish to direct
your special attention is the action of the gov
eminent under this legislation, and | shall
speak from personal and oficisl knowledge.
BY far the greater part of this action occurred
under republican rule. and the aggregate of the
public lands lost to the government by its recop-