1st Session. No. 117. IN SENATE OF THE UNITED STATES. MAY 6, 1850. Submitted, and ordered to be printed. Mr. FELCH made the following REPORT: The Committee on Public Lands, to whom were referred the memorial of the legislature of the State of Wisconsin, asking a survey of the Menomonie purchase, and for the right of pre-emption to settlers, and also the petition of settlers on said lands on the same subject, respectfully report: The lands of which the survey and sale are desired by the memorialists were acquired from the Menomonie Indians by treaty, dated on the eighteenth day of October, 1848. By this treaty, all the lands of that tribe in the State of Wisconsin are ceded to the United States. But the eighth article of the treaty provides as follows: "It is agreed that the said Indians shall be permitted, if they desire to do so, to remain on the lands hereby ceded for and during the period of two years from the date hereof, and until the President shall notify them that the same are wanted." Under this provision of the treaty, the Indians have the right still to continue in the undisturbed possession of the lands in question, and the faith of our nation is pledged to do no act inconsistent with the full enjoyment of this right. To make surveys of the lands, to invite settlers upon them, or to offer them for sale, while the Indian right to possession remains, would be manifestly unjustifiable. Until the Indian title has been fully extinguished by treaty, no surveys have ever been permitted by law, and individuals becoming settlers on their lands are regarded as wrong-doers. These principles cannot be disregarded without a breach of faith on our part, and constant collision with the native tribes. The location and productive qualities of the lands referred to are such as to make them desirable to purchasers; and, as soon as the difficulty above considered shall be removed by the limitation contained in the treaty, or obviated by a new arrangement with the tribe, they will undoubtedly be brought into market by the executive department of the government, under authority already given by law; when the general law in reference to pre-emption rights will, it is presumed, be found sufficient to cover all just claims of settlers. The committee recommend the adoption of the following resolution : Resolved, That the prayer of the memorialists be not granted. ( 1st Session. No. 118. IN SENATE OF THE UNITED STATES. MAY 6, 1850. Submitted, and ordered to be printed. Mr. FELCH made the following REPORT: The Committee on Public Lands, to whom was referred the petition of John Frazer and William Lindley, on behalf of the keirs of John G. Clendenin, deceased, praying the repayment, with interest, of the purchase-money for lands sold by the United States, the title to which proved defective, and for money expended in defending said title, report: The petitioners allege that they became the purchasers of the west half of the northwest quarter of section thirteen, in township two north, of range three west of the second principal meridian, in Martin county, Indiana; that they purchased the same of William Kirby, the patentee, who delivered to them the patent for the land issued by the United States to him; that they went into possession of the land, and commenced improving the same; that a suit in trespass was brought against the persons occupying under the petitioners, which was tried and decided against the title of the petitioners; that on the trial John P. Davis, the plaintiff, produced another patent of the United States of the same land to himself, which was decided to be genuine, and to give an older and better title than that of the petitioners; that they are entitled to have the price paid for the land, and the costs of said suit, which were paid by them, refunded, with interest. The petition is not accompanied by any proofs of the facts stated therein. An application by the committee to the General Land Office has also failed to produce any information on the subject to sustain the claim. The commissioner writes that "the books of this office, so far as I am able to refer thereto from the data at present in my possesion, exhibit but one sale of the above described tract, and that was to Kirby, under whom the petitioners hold, on the 5th October, 1838." In this aspect of the case, the claim of the petitioners fails; and the committee recommend the adoption of the following resolution: Resolved, That the prayer of the petitioners be not granted. 1st Session. No. 119. IN SENATE OF THE UNITED STATES. MAY 6, 1850. Submitted, and ordered to be printed. Mr. FELCH made the following REPORT: The Committee on Public Lands, to whom was referred the petition of certain citizens of St. Louis county, Missouri, residing in townships numbered forty-three and forty-four, praying that the public lands in those townships may be offered for sale, and settlers be permitted to enter them, respectfully report : That the petitioners represent that they have been for several years settlers on the lands above mentioned, engaged in agricultural pursuits, and desire to become purchasers thereof, but have been prevented, for the reason that they have never been made subject to entry or sale by the United States. They ask that the lands may be brought into market, so that they may have an opportunity to secure their possessions by purchase. There are no explanations of the facts, or evidence of any kind, accompanying the petition; and all the knowledge which the committee have on the subject will be found in a letter from the Commissioner of the General Land Office, a copy of which is hereto attached and made a part of this report. It would seem that there are several prior claims to the lands in question; and, until these aré disposed of, it would be impolitic and unjust to expose the premises for sale to third persons. If none of these claimants should be found entitled to the lands, the department will have the power, without further legislation, and will unquestionably at once proceed, to bring them into market, when the object of the petitioners can be secured. Until the prior claims are disposed of, it is manifest that there should be no legislation such as is solicited by the petitioners. The committee, therefore, recommend the adoption of the following resolution: Resolved, That legislation on the subject of the petition is inexpedient. GENERAL LAND OFFICE, SIR: In accordance with your request, I have examined the petition of the citizens of St. Louis county, Missouri, referred by you, praying that townships forty-three and forty-four may be offered for entry, and have the honor to report: |