Indiana Palladium, Volume 8, Number 25, Lawrenceburg, Dearborn County, 7 July 1832 — Page 2

Mr. Tipton from the committee on pub

lic lamls, made. tho following report in the United States Senate, on the 7th ult., on the

subject of the salt lick section (as it is called)

in this (Dearborn) county. The Committee on Public Lands, to whom was referred a joint resolution of the General Assembly of the State of Indiana on the 3d of February last, and a resolution of the Senate of the 3d of May, 18J, with instructions to inquire into and report all the facta and proceedings in relation to a reservation and sale of the northeast, mrthwest, and southwest quarters. of section 25, township 6, of rHiige 1 vest of the meridian drawn from the mouth of thefireat Miami river, having given the fluhjfct that attention which a resolution of

so liunorab.? a body as xhs General Assem blv of ;i State, requires of a branch of the , National legislature, be; leave to report : 'Jjjhat, from ati examination of the resolution presanted to the Senate by the General As38ta bly of Indiana, it appears that that State claims the three quarter sections of

land above referred to, by virtue ot the (th

section of the act of Congress ot r.Jtlr o April, 1816. which grants to that State al

silt snrino-3 within it3 limits, and the land

reserved for the sarno, not exceeding, in the

whole, the quantity contained in 30 entire

sections; and alleges that, ever since the

adoption ofher constitution, she has had un

disputed possession of these lands has, in

accordance with the terms ot thes3id grant leased and exercised other acts of owner

ship- over them; and that, particularly on the 4 th day of January, 1830, these three

quarter sections of land were leased by the Hon. M. C. Kgglcston, President Judge of

the third indicia! circuit, on behalf ot the

State, to one David Guard, fur a term of

three years, wJm took possession, and placed Mary Muir, John Davis, and Thomas Branan thereon, as tenants; and they complain that theso tenants through the agencv of an attorney, have been permitted to purchase these hinds from the United States, as occu

pants thereof, under the pre-emption law of

Miy, 1S39, at the minimum price of one dollar and twenty-five cents per acre, when,

in ficf, thoy were the light fill property of

the State of Indiana, and are worth, in cash, eight thousand dollars. ., It is further stated in the resolution, that .patents have been issued from the General bind Office for this property, and that the holders under the patents have conveyed the same to third persons, who are now claiming to hold the same in virtue of such sale and conveyance, thereby defrauding

the- State of Indiana of her vested rights

there:n.

In the investigation of this matter, it

would seem to be the duty of the Commit

tee to present to the Senate: 1st. All the facts going to establish the claim of the State of Indiana to the land in question, by showing that there ia, or is not, a salt spring on section 25, to bring it within the provisions of the acts of Congress of 1810, under which the reservation and grant is claimed-by that State; and, secondly, to pregent the facts in relation to the sale by the the officers of the Government, and the attorney in fact who transacted the business on the part of the claimants under the preemption law. i The committee are of opinion, that, to effect this object, it will be most plain and intelligible to refer to the general laws, to incorporate all special acts in relation to the section of land in question, and all the correspondence between the late and present Commissioner of the General Land Office, and the land officers at Cincinnati, and with

by turning to pao 113 of the last edition of the -'Land Laws," PEYTON S. SYMMES, Register

To the Commissioner of the General Land Office, No. 3. General Land Office, March 18, 1S2G. Sir: Your letter of the 8th ultimo, explanatory of the entry, by Daniel Perine,

of the southeast quarter of section 2.", township 0, range 1 west, has been received.

ma

J lie provisions " ot existing laws will be

sufficient authority for the offering of the three remaining quarters of that section

at the next public sale of relinquished lands.

I am. Lc. G. GRAHAM.

P. S. Svmmes, Esq., Register, $c. Cincinnati Ohio. No. 4.

on his arrival at Washington, 1 enclose j east quarter of this section; and, ialSSl, them, herewidi, and will forward, in a few j an act passed directing the President to

days, with our returns, such additional facts i cause the three remaining quarters to be

on the subject as the records of this office, and further inquiries may devclope. I am, &.c. PEYTON S. SYMMES. lion. Elijah Hayward, Commissioner of the General Land Office, No. 8, Genehal Land GrTicY,June 10, 1831. Sir: Your letter of the 3d instant has been received. No evidence can bo found in this office goi:g to show that section

township 0, range 1 west or any part

was .it 1 i.VIook,

or,

sold at public sale. At the time of passing

tne iasi;mcntioned act, the delegation in Congress from the State of Indiana, part of whom were members of the convondrm

tint formed her constitution, alive her I interest, and vll acquainted with her rimt. I 1 1 i -, . j-1.

vou.u amyn ime claimed tins land, if they lease of Cholera Ins occurred to-dav.

u.iu tuusiueiuu ii a reservation ue!

This individual this morn in

P. S. Nh-e o'clock, K jr. The individual above alluded to, is ead JOHN POM EROY, Preset Benjamin Lincoln, Sect. 1 1 EA LTII O FFICE, 1 1 0th June, 8 o'clock, P. M. ) The town is umwuallv healthv. No

thereof, was directed to bo reserved from

sale by reason of its including a salt spring, J

or from any other cause. TIk) act of24th February 1815, entitled An act for the relief of Daniel Perine,-' authorized tin? entry, bv said Perine, of the

General Land Officii, March 18, 1S20. southeast quarter of that section, but does

hn: Enclosed is a copy of a letter from

the committee,, and members of Congress. These will consist of a reference to the general act of 1798, (page 421 of the Land .Laws,) the 4th section of the act of 1800, (page 457,) the 12th section of the act of

1804. (page 501.) the 4th section ot the act oTlSOo, (page 538,) the act of 24th April, 1520, (page 770,) the act of 29th of May, 1S30, and of the incorporation of the special acts of the 24th February, 1S15, the act of 19th April, 1816, under which the Stale claims, and of the act of 12th of February, 1831, directing these three quarter sections of land to bo sold as other public lands are sold. The correspondence is numbered from 1 to 9, including the petition of David Guard, which is also submitted. No. 1. General Land Ojpce, Mat; 12, 1832. Sir: I have the honor to communicate to the Committee on Public Lands, in compliance with your letter of the 7th inst.,copies of all the correspondence of this office, which contain all "the facta and proceedings in relation to the reservation and sale of the northeast, northwest, and southwest quarters of section 25, of township 0, of range 1 , west meridian,' as known to this office required by the resolution of the Senate of the 3d instant; which is herewith returned. With great respect, yonr obedient servant, ELIJAH HAYWARD. Hen. William R. Kixg, Ssnate U. S. (Extract.) No. 2. Land Ojjice, Cincinnati, J7e5.8, lS23. "In regard to the saline reservation, (section 2o, t.G, 1, wes) about which the HonMr. Noble has made inquiry, I have to elate, that Daniel Perine entered the southeast quarter on the 25th of May, 1815, under an act of the 24th February preceding, (Land Laws, page 135) the same having been duly examined at the instance of the register and receiver, and found to contain no salt pringr or springs, valuable for the purpose of making- salt."" No law having eincc been passed in relation to the remain ing three quarters, (unloss, indeed, the act of the 24th of April, 1S20, may be so construed,) they have not hitherto been offered at publ'c sale, and are notr therefore considered now open for entry. "The authority under whch this tract wr. originally reserved, will be found (in Lie third section of the act of May lSrl?R.)

the Register of the land office at Cincinna

ti, Ohio, in relation to what was supposed to be a saline reservation in sectiorr No 25, township b range 1, W. M. L. The entry of the southeast quarter of that section, appears to have been made under the autority of a special act to that effect (vide, Land Laws, page 135.) The three remaining quarters not having been yet exposed to public sale, will be offered for sale with the relinquished lands under the existing

laws. I am, &.C. GEO. GRAHAM. Hon. James Noble, Senate U. S. No. 5. General Land Office, Dec. 14, 1S29. Sir: The Hon. W. Findlay having in

quired, in your behalf, to ascertain the time when sec. 25, town. 0, range 1 west, in the Cincinnati District, would be offered for

sale, I have to inform you that it will be included in the next proclamation directing

sales at the land office at Cincinnati; and

I have to request that you will, in the meantime, prevent, as fur as in vour power any

person from injuring that tract, by taking from it either stone or timber.

Verv, &c. G. GRAHAM.

Mr. David Guard, Lawrenccburgh Indiana.

No. 0.

To (he Senate and House, of Representa-

iiccs uj ntc unuea mazes oj America in Congress assembled: Your petitioner, David Guard, of the county of Dearborn, and State of Indiana, showethunto your honorable body, that section twenty-five, in township six, range one west of the principal meridian, of the lands directed to be sold at Cincinnati, was reser

ved from public sale, under the impression that said section contained a valuable salt spring; that, many years ago, when salt was obtained with great difficulty in the western country, some fruitless attempts were made to procure salt therefrom., but, after much labor and pains, it was found totally impracticable to do so at any reasonable expense, and the spring was accordingly abandoned as useless and worthless. That, in the year 1815, a law was passed by Congress, authorizing the register and receiver of public moneys at the land office at Cincinnati, to permit one Daniel Perine, of Indiana, to enter and become the purchaser at private sale, on the usual terms of sale, the southcast quarter, of said section, if the said register and receiver should be satisfied that it contained no salt spring, valuable for the purpose of making salt. That after due examination by the said register and receiver, they became satisfied there was no spring upon it valuable for the purpose of making salt, and permitted the said Daniel Perine to enter the said quarter, and purchase the

same on the usual terms of sale. Your petitioner would further beg leave to represent that the said remaining three quarters of said section is extremely rough and broken ; so much so, that it is not susceptible of ordinary tillage, and enn be useful for pasture only and the small portion of timber upon it, and even the latter has been so long a subject of depredations by the surrounding inhabitants, as to become almost worthless; and, if remaining much longer unoccu

pied, it will be valueless to the government, j

and useless to individuals. This land joins the lands of your petitioner, in consequence of which he feels desirous to attach it to his firm, believing it will be more advantageous to him than any other person, and, perhaps, will indemnify him for the purchase money; wherefore he prays your honorable body to permit him to enter the remaining three quarters of the said section, and become the purchaser of the same at private sale, in the same manner, and for the usual price of-public lands; and he, as in duty bound, will ever pray, $cc. Respectfully yours, DAVID GUARD. No. 7 Land Office, Cincinnati, June 3, 1831. Sm: Among the tracts recently claimed by pre-emption rights, are the three remaining quarters of the section near Lawrenceburgh, commonly known and designated as the "lick section," or "saline j'eserrc,' (N. E. N. W.,and S. W., 25, 0, 1 W.) But, as some doubts arose, on the part of the receiver and myself, whether this section had not been "reserved from sale," in such a manner as to shield it from the" operation of the act of the 20th May, 1830. and more especially as it was expressly ordered to be offered at next August sales by O ml authority of an act of Congress passed after the date of the pre-emption lair, with the advice of Judge McLean, we came to the conclusion that it would be most decorous

to avoid looking behind the peremptory Congressional order to sell, for the grounds of a decision; and the applications filed by Mr. Lane, were,-accordingly, received as conditional only, and subject to the revision and direction of your department. As Mr. L. was anxious that the pipers should be forwarded in ticie io meet him

not intimate that the tract was reserved

from sale by authority. Your letter of the 8lh February, 1S20, represents, that the three remaining quarters of that section had not been offered at public sale, but does not state that they wctc reseir

ved from sale by authority. It vour office

exhibits no authority for making the reservation, those tracts cannot be regarded as subject to the restriction imposed by the 4th section of the pre-emption law of the 2l)th May, 1S30, which is, that the ri ght of preemption contemplated by that act, "shall

not extend to anv 1-tnd which is reserved

from sale by act of Congress, or by order of

the President, or which may have been appropriated for any purpose whatsoever.' If, therefore, pre-emption claims are established to those three quarter sections under the act of 29th May, 1S30, they are valid in law; and the subsequent act directing them to be exposed to public sale, cannot take effect, inasmuch as, in so doing, it would interfere with rights rested by a

previous act. The papers are returned herewith. I am, &c. E. HAYWARD. Peyton S. Symmfs, Esq., Register cc. Cincinnati, Ohio. P. S. In case you should discover any evidence in your office to justify you

in reserving those lands from sale, you will be pleased to suspend proceedings, and report thereon. No. 0. Bv a special act of Congress, of 24th

February, 1815, the sale of the southeast quarter of this same section is authorized, as will appear from the following: "Be it enacted, S:c. That the register and

receiver of public moneys for the district of Cincinnati, shall permit Daniel Perine, of Indiana Territory, to enter and become the purchaser, at private sale, of the southeast quarter of section numbered twentyfive, of township numbered six, in range numbered one west, in the Cincinnati district, if, on due inquiry, the gaid register and receiver shall be satisfied that the said

quarter section does not contain any salt spring, of springs, valuable for the purpose

of making salt. And the said Daniel Perine shall be entitled to a gi ant of the aforesaid quarter section, on completing the payments therefor, on the terms and conditions provided for the sale of public lands sold at private sale. That part of the act of 19th of April, 1819, under which the State of Indiana claims, is the second preposition of the Gth section, and is as follows: "That all salt springs within said Territory, and the land reserved for the use of the same, together with such other lands, as may, by the President of the the United States, be deemed necessary and proper for working the said salt springs, not exceeding, in the whole the quantity contained in thirty six entire sections, shall be granted to the said ''State, for the use of the people of the said State, the same to be used under such terms, conditions, and regulations, as the Legislature of the said State shall direct: Prodded, The said Legislature shall never sell, nor lease the same for a longer period than ten years at any one time." On the 16th December, "l831, a bill was introduced, on leave, into the Senate of the United States, granting to David Guard of Indiana, the right to purchase, at private sale, the southwest, northwest, and northeast quarters of section 25, township 0, of range lowest. This bill was referred to the Committee on Public Lands, who reported it as amended, and it passed in the following words: "Be it enacted, Sc That it shall bo the duty of the President of the United States to offer at public sale, as soon as may be, the southwest, northwest, and northeast quarters of section numbered twenty-five of township number six, in range number one west, in the Cincinnati district under the same rules and regulations that govern the sale of other public lanu3 of the United States." By the act of 1790, aforesaid, the surveyor was required to note in his field book, all mines, salt licks, salt springs, and mill seats. The same act reserves fiem sale, all salt springs with one mile square, and such other sections as the Pre?ident shall designate. From this act, to the act of ISiO, under

winch the State claims, all the acts of Congress reserve from sale by express words, all salt springs, and such sections as had been reserved for their use by order of the President. There being no evidence in the fieldnotes, or in any book, map, or phif in any of the offices, that section 25 ever had upon it a salt spring, or was ever reserved as such, or for the use of a salt spring, or for any other purpose, the committee cannot see by vhat authority the State claims this section as being embraced in the provisions of the act of 1790 or, of ISloV In 1815, Congress passed a special act authorizing Daniel Perine, of the Indiana Territory, to enter at private sale, the south-

niTir.ir to t

that State. It appears to the committee,! from the above documents and proceedings,! that the Commissioner of iho General haul ' office, and the Register at Cincinnati, acted with great caution in the sale of the

uuuu quaucr tactions oi land mentioned in tiro resolution; and, if there has been fraud practised by the attorney in fact for the purchasers, or by any other person, the committee have not been able to detect it.. Theyaherefore, offer the following resolution: Rcsolccd, That the Committee be discharged from the further consideration to

tle memorial of the Legislature of Indiana, t

and the resolution of the Senate of the 3d of May, 1832.

JOHN POMEKOY, Prcs'L Benjamin Lincoln, Scc

From the JY. Y. Courier Enq, June 23.

THE CHOLEUA. Our news this morning is more alarmm? then any previous accounts. It nw ap

pears beyond all question, that the disease j ".I 1 ! I

respects ncitncr ingn nor tow, ncn nor poor. Judge Tasciiereau, of Quebec, is among

the victims.Our papers are from Montreal of the date of Saturday, Kith, containing information up to the evening of the 15th, but we have been favored with the following letter of Sunday, the 17th, at half past 12 o'clock. Its contents are of tire deepest interest. Montreal, Sunday, 17th June, 1832,

Half past 4 o'clock P. JL Messrs. C. Mills &. Co. N. Y. Gentlemen We have merely time to say, that the Cholera has raged more for the Is st 21 hours, than at any previous period. Great numbers who were walking our streets yesterday morning, are now in eternity. The city is all commotion. Of the victims of the disease, we notice Mr. Swcenv,

potash inspector; Mr. Rutherford, the pub-j

THE CHOLERA. It appears that tb's awful scourge is taking the direction of the western states. It has marched up both sides gf the St. Lawrence as fir as Prescott on- the Canada shore, and Ogdensburgon the United States, mowing down its victims, unpitied and unknown. It has already reached Sacketi's Harbour, r.t the foot of Lake Ontario. A reasonable expectation may now be indulged that its course will be westward wib the tide of emigration. The decided and

prompt measures taken by the authorities

ot New York on the Northern Canal and Lake Clxamplain, furnish great cause of grat illation to this part of the country. It is highly probable that New York and the Atlantic sea-board will, for the present, escape, especially if the same vigilance,, care, temperance, and cleanliness be continued which have hitherto marked ourcon-

i duct in this section of tho country. Let

not our public authorities, however, relax their exertions lor a single moment. Every thing depends on tho combined energy of all. It is known that the Cholera originated in a low, marshy country it followed the course of rivers and great thoroughfares. It traversed all India in that way. Its progress in this country bids fair to be analogous. If 7i.tv reach Neir Orleans, by the way of the Ohio and Mississippi rircrs before it reaches Xew York. As soon aa it approaches the New York line from Canada, it recedes from its congenial climate. Let us, however, be prepared for the worst and hope fort lie best. Y. Y. Courier.

Cit UFoi?usvir.LE, Inp., June 29. The. Indians. We learn from the volunteers that went from this place, and have

lie contractor: Mr. Scott, ot the custom 1 l ucY returned,-direct irom the mouth of

house; and a great many others of oar ac-'ox river, that tho war as it progresses a3qTtaintance we could add, if time served. j suir.es a more serious and important aspect. We sec scarcely nothing but carts with ! ',Jl(T sto that the hostile Indians are'still

the dead. Tlie disease now proves fatal in in considerable force, and from the best in-

one or two hou

that B. Thatcher,

died at bt. .lonns on ins way

3 disease now proves tatai in u wusna-iai-ir iuiclv ami uom me oesi m?r. We have just learned i formation are increasing in numbers and au?r, tlie livery stable keeper, I dacity. That from the Iroquois to the is on his way out. mouth of Fdx river, the country was alto-

In great haste, yonrs truly,

C. vV. J.E. MILLS.

gether depopulated. families generally

; have taken refuge in forts. Several recent

Another letter, from Montreal, dated j murders had been perpetrated on the Du-

June 10, states that four clerks in a respec- PTe and bureau creek (the latter within

table mercantile house, went to bed well on the evening of the 15th, and were all dead next morning. And that on the morning

twelve miles of Gen. Atkinson's armv of

3000 men) besides a general devastation of

property, such as driving oil the cattle and

the letter was written, there were twelve ; horses belonging to the frontier inhabitants,

emigrants found in a small comoass in the pnd left behind in their ilight, destroying tho street, six of whom were dead, and tlie rest lnrnituro in the abandoned bouses. &c.

not likely to recover.

The writer adds, "although tlie deaths up

The time they loft the mouth of Fox river, which was on the 19!h insf., Gen. Atkinson

to Yesterday, 2 o'clock were reported only ' was at his camp near the Rapids of the Illi

210, they now exceed 400 ! 5 o'clock, 1. 1 1 nois, with a force of about 3000 Volunteers M. llith. two -companies: of Ran-gersi and some few

Speaking of the description of person:

attacked, tlie Montreal Gazette says: Another fact cannot fail to strike every

Pottmvatamie Indians; the latter to act as

pies. On the 20th this force was to move

in a direction - low down on Rock river and

one. with surprise, is, that but a scry sinall j after replenishing the army with provisions proiortion of the cases are among newly ar- from a depository there, to'ascend that river

need emigrants or those connected with m order to search otit. and fight tho hostile

them or with shipping, but the disease seems to have fallen with the greatest severity on the natives or those who have been long residents in the countrv.

From the Vast on Morning Post. CHOLERA. The following letter has been received by a gentleman in this city, (Boston,) last evening : Concord, N. II. June 19th. My Dear Sir: The Cholera has arrived at Montpelier, Yt. One case occurred yesterday an Irish emigrant. The people are in great alarm. Yours, in haste. From the Albany Argits of yesterday. Dr. Wm. Tibbits made a communication to the President of tlx) village, Mechamcville, relative to the symptoms of an English emigrant who left Montreal, Moruhy week and died at Mcchanicville, Tuesday, 9 o'clock, A. M. after an illness of 18 hours, from which it is unquestionable that his death was occasioned by the Asphyxia or India Cholera. Signed ELIJAH PORTER. PL ATTS BURGH.

A letter dated PlattsUHi, June 19, 1832, i

Indians, said to be embodied on jhe sources

octhat river in" the ieinify of a place called the "Four Lakes." Tlie result of this expedition wo long to have, we hope it may terminate successfully; but arc not without our apprehensions about the success of the battle pending, or the safety of those engaged. We fear from every information we have received of die old General, from his advanced age, his want of energy, his tardy movements, and the pomp and ceremony with which his Markeo is surrounded, that he does not possess those qualifications that would ensure a successful encounter with the Sacs. Wo believe from information that no despicable foe awaits them; the number of hostile Indians embodied arc supposed to amount to 1200, principally Sacs, who are said, in size, considerably to exceed tin ir neighbors, and are of a bold and enterprising character, armed eapnpie: each man carrying with him to battle a good Rifle, a brace of Pistols, many of which are double barrelled, a Spear, consisting of a steel blade about 18 inches longfixed in a shaft, about t feet in length, a sheaf of arrows and bow, besides a Tomahawk and Scalping knife. Much speculailAtt in r.m. A il i 1 1

liv.u is uuiis t:u ai ine scax ci war what trioes

4, P. M. says "Our village is in great j of Indians will probably unite with the pre-

alarm we have had six cases of the Cho- j ?ut hott le force; but no correct calculation

lira 4 have proved fatal. There has been but one case since Saturday night, and that was a case this morning about 9, A. M. They say at this moment the man is likely to recover. "All the cases, thus far, have been confined to Canadians and Irish, of tho verv

can at present, it ;s presumed, be made; those posseting the best means of information consider the Pottawatamies far from being friendly, ami many are inclined to believe that tha recent murders have been perpetrated by them. Gen. Orr has received an order from the

lowest order as to filth and intemperate ex- J executive Department u raise from his cess. The Board of Health at Burlington, j command one Company of mounted men to have reported one case yesterday. j net as Ranger near the state line in the" "Mr. Dinick left Montreal yesterday, and i noth-westem part of cur slate, for the pursays it is thought there were not less than j poi-e of keeping up a communication in that 000 cases on the previous dav. This is 1 quarter; that if a hostile force aepvoaclies.

undoubtedly a great exaggeration. All business would cease there on Monday. The Board had determined not to report any more cases all communication i stopped between that place and Quebec 1 have not time to say more, the boat is onV BURLINGTON. Board of Health, BrFUNCTONj Monday evening,! o'clock, June 18. ') The Board of Health report that a casse

of severe disease, answering to the deserip-j

tion of the prevailing epidemic Liioiera, does now exist in Water street. The subject is an Irish woman, who has been for several years a resident of this tcwn?and long inhabits of intemperance.

they may bo discovered and intelligence quickly conveyed to the interior. Fifteen men of lies company are to bo raised out of this county ; they furnish themselves with all necessary cquippage and ten days provisions, Thevre;h7.vous ai Attica in Fountain countv

! on Mondiv next. Record.

A . LA!GK quantity of country Flour wanted,. A fur which : Keial price wdl bp C'Vfn, by SHAW PROTZMAN.

J.ilv

500 BACON HAMS, of 1st quality neatly canvassed, received and for sale by SHAW & PROTZMAN.

July 7,

1832.