and if it is to be, that fact cannot change the case. As a citizen of the State of Missouri I protest against Mr. Hendricks saying what kind of citizens will add to the prosperity of our State; and the recent political troubles of our State seem to demonstrate that we have more of just such men than is desirable; and had this colony been here at our last election, (just passed,) Missouri would probably have had a governor pledged to "emancipation," instead of a pro-slavery democratic governor. And the recent unjust charges hurled against the administration in regard to the Walker movement in Kansas 'should make it careful how it sanctions the giving away a large body of land to a free State colony against all law. I have too much sense, and know that you are too fearless a man to be swerved by a threat, or influenced by political considerations, from doing what is right. And I merely allude to this so that it may receive due consideration and investigation, so that when it is finally decided by your department, the administration may be able to sustain it before the people. In conclusion, I am perfectly satisfied that my title is clear and unquestionable; and that the claim of Messrs. McLaughlin and Felix is based in error and sustained by fraud. I never will relinquish my duplicates and such is the determination of all the parties who have entered this land-until your department, Congress, the federal and State courts have decided against me; this is not a mere idle threat, because the combined wealth of the parties affected by this decision is at least three million of dollars, and consequently are fully able to have it properly decided by the courts of last resort. I do not feel as though I will be put to further trouble about the matter, because I am satisfied that there is sufficient evidence before you to stamp the transaction with infamy; and that the most trouble will be upon an investigation which you may deem necessary to order, to expose those who have brought all this trouble upon innocent purchasers. Relying upon the integrity of the present administration, I subscribe myself, very respectfully, your obedient servant, Hon, JACOB THOMPSON, T. D. W. YONLEY. Secretary of the Interior at Washington city. No. 27. GENERAL LAND OFFICE, SIR: I have the honor to acknowledge the receipt of a communication herewith to yourself from T. D. W. Yonley, esq., appealing from the decision of this office in allowing the locations of lands in the Plattsburg (Mo.) district by Felix and McLaughlin, of Pennsylvania, referred from the department on the 17th instant, and to make the following report: To so much of the communication as attempts a defence of the con duct of James H. Birch, esq., late register of that office, in relation to this business, no reply is now proposed; that subject will be discussed upon another occasion. A statement of the facts will enable you to decide the questions presented in the appeal. On the 6th day of February last, Messrs. Felix and McLaughlin appeared at this office, and for themselves and numerous other citizens of Pennsylvania claimed the right to locate the lands in dispute, and other lands, with a view to settlement and cultivation, and alleged, that on the 26th day of November last they had sought to make the locations at the Plattsburg office, but had been refused by the register upon the alleged ground that the office was closed. A reference to the reports of the sales and locations made at that office during the month of November, then in this office, showed that a statement that the office was closed on the 26th of that month was not true. The abstracts forwarded by the register himself showed that from the 24th to the 29th 113 cash entries had been made, some of them on the 26th, and that only seventeen of them were reported as made by preemptors, and fourteen locations with land warrants, none of which were reported as made by pre-emptors. It thus appearing that the office was not closed, but was transacting business at the time Felix and McLaughlin sought to make their locations, it was believed to be the duty of this office to allow the locations and to give the necessary instructions. Independently of this consideration, however, the second proviso to the fourth section of the act of 28th of September, 1850, (Statutes at Large, vol. 9, p. 521,) gave to the parties the right to invoke the interposition of this office, and imposed upon it the duty of allowing the locations. On the 6th day of February the applications of Felix and McLaughlin, together with land warrants for a number of acres corresponding with the application, were forwarded to the register and receiver at Plattsburg with instructions to enter the locations, and gold to an amount sufficient to cover the fees was sent by Adams & Co's Express. On the 23d day of March, a reply was received from the register and receiver, bearing date the 7th of that month, informing this office that because of a delay of the mail the instructions and land warrants were not received until that evening, and that the delay was the more vexatious inasmuch as the greater portion of the lands applied for were covered and carried by the locations of mere speculators on the 2d of that month. On the 4th day of May last, the reports of the register and receiver of the sales and locations made in their offices during the month of March were received, and it then appeared that the lands now claimed by the appellant, Yonley, were not located on the 2d of March, but were located by him on the 17th of that month with warrants then filed and upon application signed by him and bearing that date. Inasmuch as this statement contradicts the letter of the register and receiver of the 7th of March, I give a copy of Mr. Yonley's first application, and the certificate of the register and receiver attached thereto. "I, Thomas D. W. Yonley, of Clinton county, State of Missouri, hereby apply to locate the west half of the northeast quarter of section No. 9, in township No. 63, of range No. 34, in the district of lands subject to sale at the land office at Plattsburg, Mo., containing 80 acres, in satisfaction of the attached warrant, No. 35,369, issued under the act of March 3, 1855. "Witness my hand, this 17th day of March, A. D. 1857. "JAS. H. BIRCH, Register. "THOS. D. W. YONLEY. "I request the patent to be sent to the land office at Plattsburg, Missouri, March 17, 1857. "We hereby certify that the attached military bounty land warrant, No. 35,369, was on this day received at this office from Thomas D. W. Yonley, of Clinton county, State of Missouri. "JAMES H. BIRCH, Register. Of his locations, nineteen conflict with the locations made by Felix and McLaughlin, in all of which the applications bear the same date, to wit, the 17th of March, and to each application the register and receiver have attached a certificate like that above, that the particular warrant was on that day received at the office from Mr. Yonley. After a thorough examination, it thus appearing from the register's and receiver's abstracts, duly certified under their own hands as authentic, and from the original applications, that the letter of the register and receiver of the 7th of March was not true; that the lands were not located on the 2d of March, but that on the 7th of March, when the application of Felix and McLaughlin was admitted to have been received at the Plattsburg office, the lands were vacant, no further investigation was believed to be necessary, and on the 10th of July, 1857, instructions were issued directing the locations sought by Felix and McLauglin to be allowed. The locations were accordingly made, without reference to the rights, legal or equitable, which Messrs. Felix and McLaughlin, and those whom they represented, may have acquired by virtue of their application on the 26th of November, and without considering the question whether their application of the 6th of February, at this office, under the act of 28th of September, 1850, would have taken precedence of any application for the same lands at the local office prior to the 7th of March. I am satisfied that the action of this office in allowing their locations is sustained by the fact that the lands were vacant and subject to entry and location on the said 7th day of March, when their application and warrants were received at that office, and that their locations are valid and ought to be sustained; and here, as the whole record shows, the clearly expressed and sole purpose of this office in its proceedings in the matter was just this: to require the legal rights of the first applicants for the land to be admitted, and nothing more. With great respect, your obedient servant, Hon. JACOB THOMPSON, Secretary of the Interior. THOMAS A. HENDRICKS, Commissioner. No. 28. DEPARTMENT OF THE INTERIOR, SIR: I send you a copy of a report made to me on the 24th instant, by the Commissioner of the General Land Office, upon the subject to which my attention was called by your letter of the 31st ult. If the facts are as stated by the Commissioner, his action in allowing the entries of Messrs. Felix and McLaughlin meets my entire approbation, and I cannot but hope that you will yourself see the propriety of it when informed that the late register at Plattsburg, on the 7th of March last, acknowledged the receipt of their application, through the General Land Office, to enter the lands in controversy, which then appear to have been vacant, and for which you made no application until ten days thereafter. Very respectfully, your obedient servant, T. D. W. YONLEY, Esq., J. THOMPSON, Secretary. Plattsburg, Mo. DEPARTMENT OF THE INTERIOR, SIR: I enclose, for your information, copies of letters this day addressed by this department to Messrs. T. D. W. Yonley and John T. Hughes, of Plattsburg, Mo., upon the subjects referred to in your letters of the 24th instant Very respectfully, your obedient servant, Hon. T. A. HENDRICKS, J. THOMPSON, Secretary. Commissioner of the General Land Office. DEPARTMENT OF THE INTERIOR, SIR: Your letter of the 8th instant, being regarded as an appeal from the action of the General Land Office upon the cases therein referred to, was treated accordingly, and referred to the Commissioner for a report thereon. In reply, he informs me that no entries in the names mentioned by you "" are found in conflict with the locations of Felix and McLaughlin," and, under the circumstances, of course, your appeal cannot be entertained. I enclose you a copy of the Commissioner's letter, and invite your particular attention to the closing paragraph of it, in order that, if you represent any parties whose entries are in conflict with those al luded to, you may have an opportunity of making known that fact and furnishing such further information as will enable me to have a full investigation made in reference to it. Very respectfully, your obedient servant, JOHN T. HUGHES, Esq., Attorney, &c., Plattsburg, Mo. J. THOMPSON, Secretary. No. 29. SIR: I have been permitted by my father, James H. Birch, to examine the report of the Secretary of the Interior, made to you on the 4th of September last, in reference to the locations of Messrs. Felix and McLaughlin, of Pennsylvania, of certain lands in this district. Of course I will not condescend to notice here the charge made by the secretary of collusion between Judge Birch and myself. The Secretary rests his decision of the case upon the fact that the register and receiver at this place acknowledged the receipt of Messrs. Felix and McLaughlin's warrants and application on the 7th of March last, and that the records show that the lands were vacant on that day. In addition to making and filing in the office here my application for the lands I entered on the 2d day of March last-five days before the application of Messrs. Felix and McLaughlin was received-I took from the register and receiver an informal certificate, a copy of which is herewith enclosed, by which you will see that they acknowledge the receipt of my application and warrants five days before they acknowledge the receipt of Messrs. Felix and McLaughlin's warrants and application; and if you will send to the General Land Office for the register and receiver's letter of the 7th of March last, wherein they acknowledge the receipt of their warrants, you will find in the same letter that they distinctly state that the lands applied for by them had been sold on the 2d of March; this fact the Secretary did not report to you. As I was not purchasing this land for myself, I obtained this certificate for the single purpose of sending to my correspondent in Kentucky, to show the parties there that I had performed my engagements, little thinking I would ever have further use for it. Since this controversy began I have had it restored to me, to be used when occasion demanded to vindicate my titles. I made my application on the 2d of March, and it is still on file in the office here, properly endorsed in the handwriting of the register. Felix and McLaughlin made theirs on the 7th of March. The enclosed copy shows you I made mine and paid for the land before theirs reached here. Can any case be clearer; although my certificates do not bear date until the 13th of March, yet am I to suffer for that? I applied on the 2d, and received a certificate to that effect, which in itself shows the reason why I could not get the certificates of location; had the business |
