The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-07-16
Rcpublishcd by Request.
SWAMPLAND SELECTIONS.

In September, 1855, Senator Call wrote
to the Interior Department, asking that
action be suspended regarding our
Swamp Lands, as he intended to have
an investigation by the United States
Senate. In due course Of time he introduce
e'' a resoutionto that effect, and Com
mittce of The l'nitcd States Senate, after
thorough investigation Of the entire
matter, made q unanimous report against
his position, which we publish on Che
second page OF to-day's FLomplAN, and
to which we direct the careful attention
Of our readers.
1t viii be seen that the Committee,
il response to Senator Call's charges
Ina1iDouSly decide that 10 ''lurthcr
legislation is required TO secure to settlers
upon the public lands in Florida, the
right to assert their claims, and to
secure title to lands which have been
selected by the state As swamp Lands,
but have not been patented to H." -As
to those lands which have already been
patented to the state, "the Com
mittee believe that, as matter OF
SQUAD public policy, the United
States should be bound by the action
of the Secretary Of the Interior,
and that it would be unwi>c to throw a
cloud over the title OF these lands by any
legislation authorizing proceedings to set
aside aud cancel the patents heretofore
issued for them to the States" This po-
sition is but the rcileration of the judicial
determination OF the highest judicial tri-
bunal OF the land, for in the case of Wright
vs.. Ro>eberry, l2l I. ;. lss, in a case
involving swamp land selections, it is held
that Identification by the Secretary OF the
Interior is conclusive against collateral
attack as being the Judgment Of the Spc-
cial tribunal on which such duty was
imposed"
This report was made last September,
and il was thought that the Senator, after
tying up our lands for four years at WASH
incton. would cease his unfortunate
efforts to further rctarl the States inter
est. Our surprise, therefore, was great,
when it was discovered that he was advo-
eating the passage, over the Governors
veto, Of a resolution to instruct our Sena-
tors to have an investigation made
adrocutlng tie poSsoge Of resolution to
instruct himseJ' to do just 'chat He HAD
DONE. and to ask tie Inied Stdtls
Senate 10 nuke an UureStiyotion which
THEY HAD Jt>r FINISHED. \ most re-
markable proceedings
Those who advocated the passage OF
the resolution over the Governors veto
seemed to have lost sight OF the fact
that the State came properly INTO posses
sion of large area Of high and dry
lands under the Swamp Act" by the
contirmatorv act OF March 3, 1877. They
seem to have lost sight of the further
fact, as stated by the United States Sen
ate Committee, that "bciore selected
lands are approved or patented to the
State, they are thoroughly and carefully
examined in the field, by an Agent of the
Government, appointed by the Secretary
Of the Interior, and are not approved to
The State, unless his report shows them 10
be in fact swamp and oveitowcd lands"
We again ask for the report careful
consideration, as it emanatcs from the
highest Legislative auth"rityof the land,
and, coinciding with the highest Judicial
and Executive authority, must be conclu
siyc to all rejecting minds.