1st Session. No. 165. IN SENATE OF THE UNITED STATES. JULY 17, 1850. Submitted, and ordered to be printed. Mr. Downs made the following REPORT: [To accompany bill S. No. £85.] The Committee on Private Land Claims, having had under consideration ⚫ the claim of Martin Fenwick for five hundred arpens, being that entered as No. 151 in the second class of the late board in Missouri, as printed in Senate Doc. 16, 1st session 24th Congress, pages 399, 400, 401, respectfully report : The committee find that the late board in Missouri reported against. his claim on the ground that an alteration had been made in the original petition to the Spanish lieutenant governor, "thus increasing the distance for location of grant several miles," and that the conditions had not been complied with. The petitioner represents that the application for a confirmation of this claim to the late board was not made by him, "or his authority, nor was he acquainted with those proceedings until recently informed thereof by one who referred him to them. From the statements made in regard to this claim and among others that, from his personal knowledge, of the late Commissioner Young, in his letter of the 1st January, 1845, to Hon. R. Johnston-the committee are satisfied that the present case is entitled to the favorable consideration of Congress as an ancient settlement claim; and they accordingly report a bill to confirm the same, avoiding interference with any pre-existing adverse rights. 1st Session. No. 166 IN SENATE OF THE UNITED STATES. JULY 17, 1850. Submitted, and ordered to be printed. Mr. Downs made the following REPORT: [To accompany bill S. No. 286] The Committee on Private Land Claims, to whom was referred the petition of Thomas H. McManus, praying to be allowed to enter, by way of pre-emption, a certain tract of land, on which he resides, report: That, from the facts stated in the petition, and which are sustained by the evidence filed with it, and which petition is annexed to and made a part of this report, the committee are of opinion that the prayer of the petition ought to be granted, and report a bill accordingly. To the honorable the Senate and House of Representatives of the United States of America in Congress assembled: The memorial of Thomas H. McManus, of the parish of East Feliciana, and State of Louisiana, respectfully represents, that your memorialist is in possession of a tract of land, situated in said parish of East Feliciana, on the waters of Black creek, in township 1, range 3, of lands in the district of Greensburg, entered as a pre-emption claim by Warren C. Whitaker, at said Greensburg, on the fifteenth day of June, 1839-as will more fully appear by the exhibit marked A, made a part of this memorial. Your memorialist further represents, that said Warren C. Whitaker made certain improvements upon said tract of land, as shown by said exhibit A, at a cost of, say, $3,000; and that, after the decease of the said Whitaker, viz: on the 23d day of June, A. D. 1843, the said tract of land, or im-provement, was sold at public auction, at the probate sale of the estate of said Warren C. Whitaker, and bought by your memorialist, at the price. and sum of one thousand eight hundred dollars-as will the more fully. appear by exhibit B, made a part hereof. Your memorialist further represents, that his brother, James McManus, who died without issue, in the year 1840, settled as a pre emption claim a tract of land adjoining the tract of land above described as settled by the said Warren C. Whitaker; that said James McManus cultivated the same until his death, having built a dwelling-house and made other improvements upon the same; and that he made the proper declaration at the land office at Greensburg-as will more fully appear by reference to the annexed exhibit marked C. Your memorialist further represents, that, at the decease of the said James McManus, viz: on the 6th day of December, A. D. 1841, said settlement claim of said James was sold, among other things, at probate sale, and petitioner became the purchaser thereof, at the price and sum of one thousand dollars-as will the more fully appear by the annexed exhibit marked D, made a part hereof. Your memorialist further represents, that he (your memorialist) has also made valuable improvements upon said tracts of land; that, owing to the rejection of the surveys heretofore made, and the situation of the public lands in this part of Louisiana, it has been impossible for your memorialist to obtain title, or secure himself in the ownership of property for which he has, in good faith, paid a full price. Your memorialist further represents, that, immediately adjoining said two tracts of land, there is a small body of public land, of no great value, which was settled by Imla Keep, B. F. Whittier, and Carter Eason-as will appear by the annexed exhibit, marked E-and whose possession and improvements have been relinquished, and are now in the possession of your memorialist. Your memorialist further represents, that said public lands, as well as the pre-emption claims bought by your memorialist, are and would be of little or no value to any other person except your said memorialist, who has made said improvements upon the same. Your memorialist further represents, that a relinquishment of title on the part of government to your memorialist would not interfere with the rights of any of the settlers or owners of land adjoining-as will the more fully appear by reference to the annexed exhibit marked F. Nor would the government lose anything by allowing your memorialist to become the purchaser at the price fixed by law for lands subject to entry. Your memorialist further represents, that the following boundaries, if established, to said tract of land, would not interfere with the rights of any one, viz: East by the Brashier tract, so called, and lands in the possession of John East, and Mrs. Ward's claim; west by Black creek; north by the Swift and Brashier claims; and south by such a line as will include eight hundred acres. Wherefore, your memorialist prays your honorable body, in Congress assembled, to authorize him, by legislative enactment, to cause said tract of land to be surveyed, at his own expense, by a deputy surveyor of the United States, to contain, say, eight hundred acres, or such other quantity as your honorable body might deem just and expedient; and that the title of the United States in and to the same be relinquished in favor of your memorialist, upon his paying to the receiver of public moneys at Greensburg one dollar and a quarter per acre therefor. And your memorialist prays for such other and further relief in the premises as the nature of the case may require. APRIL 30, 1850. T. H. McMANUS. |