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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 peri

tion of Thomas H. McManus, praying to be allowed to enter, by way of pre-emption, a certain tract of lernd, 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, ind State of Louisiana, respectfully represents, that your memorialist is in lossession of a tract of land, situated in said parish of East Feliciana, on he waters of Black creek, in township 1, range 3, of lands in the district f Greensburg, entered as a pre-emption claim by Warren C. Whitaker, at aid Greensburg, on the fifteenth day of June, 1839--as will more fully ppear by the exhibit marked A, made a part of this memorial.

Your memorialist further represents, that said Warren C. Whitaker made ertain improvements upon said tract of land, as shown by said exhibit A, a cost of, say, $3,000; and that, after the decease of the said Whitaker, z: on the 230 day of June, A. D. 1843, the said tract of land, or imovement, was sold at public auction, at the probate sale of the estate of id Warren C. Whitaker, and bought by your memorialist, at the priee. d sum of one thousand eight hundred dollars—as will the more fully pear by exbibit B, made a part hereof. Your memorialist further represents, that his brother, James McManus, 10 died without issue, in the year 1840, settled as a pre emption claim a. ct of land adjoining the tract of land above described as settled by the d Warren C. Whitaker; that said James McManus cultivated the same ul his death, having built a dwelling-house and made other improvents 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 bim, 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.

T. H. MCMANUS. APRIL 30, 1850.

A. To the register of the land office and receiver of public moneys of the Uni

ted States at Grecnsburg, Louisiana, acting as a board of commissioners under a late act of Congress approved 22d. June, 1838, granting pre-emption rights to actual settlers on the public land.

Your petitioner, Warren C. Whitaker, of the parish of East Feliciana, Louisiana, represents that he was a housekeeper on, and in possession of by his personal residence thereon, and being the head of a family, of a tract of land situated in the parish of East Feliciana, in township 3, range

-, on the waters of bogue Falaya, or Black creek, bounded west by lands of Thomas Scott and Samuel Clark, north, south, and east by public land, and situated in the St. Helena land district, Louisiana, being a resident thereon on the 22d day of June, 1838, and for three years next preceding. The map of said township has not been returned to the land office at Greensburg aforesaid.

Your petitioner is the head of a family and over twenty-one years of age, has a dwelling-house on the aforesaid land, and other things necessary for the comfort of his family.

Your petitioner has never agreed to sell or convey his claim to the aforesaid place, or any part thereof, to any person or persons whatsoever. Wherefore he prays to be allowed to enter and pay for one hundred and sixty acres of the aforesaid lands, so as to embrace his improvements, at the minimum price of $1 25 per acre, in conformity with the above recited act of Congress.

W. C. WHITAKER. JUNE 15, 1839.

THE STATE OF LOUISIANA, Parish of St. Helena:

I, Warren C. Whitaker, of the parish of East Feliciana and State of Louisiana, of lawful age, do depose and say, that I signed the preceding petition, and that í entered on the land which I claim by said petition in my own right, and exclusively for my own use and benefit; and that I have not, directly or indirectly, made any agreement or contract in any way or manner with any person or persons whatever, by which the title I may or might acquire from the government of the United States should inure to the use or benefit of any one except myself, or to convey or transfer the said land, or the title which I may acquire to the same, to any other persons or persons whatever at any subsequent time.

W. C. WHITAKER.

Sworn to and subscribed before me, this 15th day of June, A. D. 1839.

S. B. BRAUGHON, J.P.

THE STATE OF LOUISIANA, Parish of St. Helena:

Personally appeared before me Shepherd B. Draughon, a justice of the peace within and for the parish aforesaid, and authorized by law to ad. minister oaths, on this 15th day of June, A. D. 1839, at the land office in the town of Greensburg, Louisiana, Benjamin F. Whittier, of East Feliciana parish, who having been first duly sworn to speak the truth touch

ing the claim of Warren C. Whitaker, presented in his foregoing petition, and touching, such inquiries as may be put to him respecting the said pre-emption claim of the said Whitaker, under the act of 228 June, 1838, deposes and says: that the pre-emptor or claimant is a married man, and with his wife resided on the land claimed in his petition for four months preceding the 22d June, 1838, and that the said Whitaker entered upon the said land some time previous to his marriage; that he was residing upon said land in the year A. D. 1835; at that time had a dwelling-house upon the said land, and has continued to make his home upon the said land ever since, personally residing upon the same, and being a housekeeper.

Interrogatory. Please to state what improvements the said Whitaker has made upon the said land?

Answer. He has a dwelling-house. which I should suppose worth three or four thousand dollars, a mill-house, and a large field under cultivation.

B. F. WHITTIER.

Subscribed and swom to this 15th day of June, 1839.

S. B. DRAUGHON, J. P.

We, the undersigned, hereby certify, that so far as our knowledge extends, and to the best of our belief, the above-named witness, Benjamin F. Whittier, is entitled to full credit, and have no doubt of the truth of his testimony.

Given under our hands at Greensburg, Louisiana, this 15th day of June, 1839.

NICHOLAS BAYLIES, Register.
WM. BICKHAM, Receiver.

S. B. DRAUGHON, J. P.
Filed June 15, 1839.

N. BAYLIES, Register.

UNITED STATES LAND OFFICE,

Greensburg, Louisiana, July 3, 1839. I hereby certify that the three preceding pages contain a true copy of the petition and affidavit of Warren C. Whitaker for a pre-emption claim, and of the testimony of Benjamin F. Whittier, accompanying the said petition, and which are on file in this office, as well as recorded in book E No. 2, on pages 82, 83, 84, and 85 of the records of this office. Given under my hand officially, day and date above written.

NICHOLAS BAYLIES, Register.

B.

STATE OF LOUISIANA, Parish of East Feliciana :

The following is a process-verbal of a probate sale of the estate of Warren C. Whitaker, deceased, made at the last residence of said deceased this 23d day of June, 1841, by Lafayette Saunders, parish judge of said

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