IN THE SENATE OF THE UNITED STATES. JULY 18, 1856.-Ordered to be printed. Mr. BENJAMIN made the following: REPORT. [To accompany Bill S. 393.] The Committee on Private Land Claims, to which was referred the "memorial of John Temple, praying a confirmation of his title to a tract of land within the Bastrop grant," have had the some under consideration, and submit the following report: The claim of John Temple was not filed with the commissioners under the act of 1851, providing for the adjustment of private land claims in the Baron de Bastrop grant, on the ground, as he alleges in his memorial, that he believed his claim was confirmed with the Bonaventure claim, which it adjoins. The committee find a regular chain of title from Morehouse to John Temple. The claimant and the persons under whom he holds have been in uninterrupted possession of a part of the lands since 1807, and the remainder since 1812 and 1814, and the same has been inhabited and cultivated from the dates, respectively, up to this time. Two affidavits, accompanying the papers, show that the lands have been inhabited and cultivated for more than twenty years. Your committee are unanimously of the opinion, that if this claim had been presented to the commissioners under the act of 1851, with the proofs now before the committee, that such commissioners would have recommended this claim for confirmation. The omission of the memorialist to present his claim to the commissioners ought not, in the opinion of the committee, defeat the rights of the claimant under the act of 1851; they, therefore, report a bill to confirm the memorialist in his title to six hundred and seventy arpents of land, being the tract which he holds by a regular chain of title from Morehouse, and upon which he now resides; and respectfully recommend the passage of the bill. The Committee on Private Land Claims, to which was referred Senate bill No. 275, a bill giving to Joshua Kirby and the widow of John McNary the right to enter the land covered by the life reserve of John McNary under the Cherokee treaties of 1817 and 1819, have reconsidered their former action upon the same, and submit the following report: Additional papers have been filed in this case, showing that John McNary, a Cherokee, was entitled to a reserve of 640 acres of land under the Cherokee treaties of 1817 and 1819. It is alleged that said McNary continued to reside upon the said reservation, from the date of the treaty of 1817 up to the date of his death, which occurred in 1841. The 8th article of the treaty of 1817 provides that "to each and every head of any Indian family residing on the east of the Misssissippi river, on the lands that are now, or may hereafter be surrendered to the United States, who may wish to become citizens of the United States, the United States do agree to give a reservation of 640 acres of land, in a square, to include their improvements, which are to be as near the centre thereof as practicable, in which they will have a life estate, with a reversion in fee simple to their children, reserving to the widow her dower, the register of whose names is to be filed in the office of the Cherokee agent, which shall be kept open until the census is taken, as stipulated in the 3d article of this treaty: Provided, That if any of the heads of families, for whom reservations may be made, should remove therefrom, then, in that case, the right to revert to the United States." The 2d article of the treaty of 1819 provides that "the United States * * do agree to allow a reservation of 640 acres to each head of any Indian family residing within the ceded territory, those enrolled for the Arkansas excepted, who choose to become citizens of the United States, in the manner stipulated" in the treaty of 1817. Under the above treaties, upon the conditions being complied with, there was an absolute grant of a life estate to John McNary, with the remainder in fee to his children, subject to the dower of his widow. It is alleged that John McNary and his wife, in the year 1825, sold and conveyed by deed all their right and interest in the one half, or 320 acres of the said reservation to Joshua Kirby; and that the heir-at-law and only child of said McNary and her husband, (she then being a married woman,) executed a title bond, conditioned that they would convey the fee simple of the said one half of said reservation to the said Kirby upon the death of the said John McNary, which it is alleged never was done. The said Kirby, therefore, holds only an equitable title to the onehalf of said reservation. It appears that said Kirby, and those claiming under him, have been in uninterrupted possession of certain lots numbered 2, 3, 4, 5, 6, 7 and 8, within the said reservation, from the year 1825 up to the present time. The committee are of opinion that no injustice will be done the government or the parties concerned, by authorizing a patent to be issued to the said Joshua Kirby for the one-half of the said reservation, which he holds by equitable title; they, therefore, report the accompanying bill as a substitute for said Senate bill No. 205, guarded so as to protect the rights of the government and third persons, and respectfully recommend its passage. . COM 232 IN THE SENATE OF THE UNITED STATES. JULY 18, 1856.-Ordered to be printed. Mr. GEYER made the following REPORT: [To accompany Bill S. 394.] The Committee of Claims, to whom was referred the memorial of the special agents of the State of Maryland, praying that the State may be reimbursed for advances made by her to the United States in 1792 and 1793, report: This is an application for the reimbursement to the State of Maryland of a sum of money received from that State in aid of the construction of the public buildings, at the time of the establishment of the permanent seat of government in the city of Washington. A similar application has been heretofore repeatedly made by the assignees of the State of Virginia for the reimbursement of money received from that State at the same time. The facts upon which these applications are based, and the circumstances and inducements with which they were connected, are believed to be correctly stated in the report of Mr. Brodhead, chairman of the Senate Committee of Claims, at the 1st session 32d Congress, No. 59; and the report of Mr. Underwood, from the same committee, at the 1st session 31st Congress, No. 147; both of which are hereto annexed and made a part of this report. In connexion with these statements of the facts, the committee have agreed to submit, for the consideration of the Senate, the annexed bill, unaccompanied with any recommendation on the part of the committee. IN SENATE January 30, 1852. The Committee of Claims, to whom was referred the petition of the Orange and Alexandria Railroad Company, in the State of Virginia, with the documents which accompany it, have had the same under consideration, and report: This petition is based upon the following resolution, adopted 15th March, 1850: "Be it resolved by the General Assembly of Virginia, That the claim of this commonwealth against the government of the United States for the sum of one hundred and twenty thousand dollars, advanced to the United States, by an act of the General Assembly, passed the |