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MORNING. JANUARY 18. 1870.*Jj k FIF EXHTH AMENDMENT,The 15th Amendment has been ratified by thefollowing States:r3B*«1e •t ie i3L. Jif I.*3»-a e eF11. HwxU. 13. New York.2. Louisiana.1 VL * CmnecUcut.3. Weat Ylrglcla.15. FWrUtt.4. North Carolina.16. New Hnmpghin.5. Illinois.17. Virginia.6. Michigan.16. Vermont.7. Wlaconain.19. Alabama.8. Maine.20. K.aanaa^fj- .9. Houth Carolina.21.10. IV ntiay!vania.t Bt Indiana.1). Maf^achabetta.23. M’liaeooti.12. Arkansas.24. SfiwiHsippi.The Temaiuing Statesi**; t '..'/.I. Ohio* *:8. Delaware.2. Kentucky.0. New Jersey.3. Georgia.10. Oregon.4. Tem*esi»ee.11. Iowa. it {:*: ' i5. California.12. Texas.6. Maryland.13. Rhode UUnd.7. Nehraska.There being thirty-seven States in the Union,that company, in some case**, represented tothe people vr some oounnes that they had superior facilities tor haring the swajap land claims allowed in the department at Wa-ming-ton, and by other undue in due nee*. prevailed upon the people to enter upon a contract for the pale of the swamp lands of the counties fora merely nominal price, entirely inadequate to the value of the lands claimed; that the agents, in some instances, made false and fraudulentIprooir of swamp la? ds, with a view to obtain for *he company indemuiry scrip, a lor the benefit of 4he comi this being discovered at VVa-ihimrton,andMlt;duced the Commissioner of the General Land Office to suspend the claims of many other coo n« ties in which the company h wi no interest; that when a knowledge of these frauds came to the company, ihe agent who committed theitiauds was discharged; that the agents of thecompany, a** an inducement tor obtaining c n*nitw'il! requite 28 to ratify before the amendment is adopted. The other four Statea must be m 1 found in the list last given. Of these dtatea,0 • Kentucky, CaUtornia, Tennessee. Maryland, Kew Jersey, Delaware and Oregon will undoubtedly reject it. The four Spites m ist, therefore, be ‘ound among the following: Ohio, Iowa. Nebra*ka, Rhode Island Texas and Georgia. Of these six, it is quite certain that Iowa, Rhode Inland and Tcxii?- will ratify. Of Ohio’s action there i* but little doubt now felt. The Governor of Nebraska has said that he would convene the Legislature of that State if its assent to the amendment was needed in order to secure, a ratification. Georgia's action is less a matter of doubt now than it was before the action of Governor Bn I-lock and General Tabby last Thurday morning; and granting, therefore, that Ohio votes against the mea-ure, ivs Fuccefs is assured. Granting even that Georgia locks hands with Ohio, and its succc-3 is still certain. We believe, however, i hat it will bo found in the end that both Ohio and Georgia will be found on the right side, both of them on the side of justice and progress. Before the end of February, Secretary Fish will in all probabilitybe called upon to isf-ue his proclamation announcing the ratification of the 15th Amendment. •* \ . •. - i i - ^t-Mt- \ n?- r icdy •a. I’a ;le iyt-to s:»r,▼e»-rorofiderLKTTIR H Fftlilti WASHINGTON,tiac 8 for fWHtun lands, in some ca-uis, tnvde premises to lea?-e fhcep to resident settlers as a personal cotwudetation to them to vote for the contract, which your commit ee deem was infraud of the rights of the county; thst theagents leprfvented to the p«c»ple of the countingthat they were in danger of losing the *w»tinp lai ds onless the proof* were speedily made of the swamp land section*, and that the eompntif bd extiaordinarv tacilitiea for adjusting the claims, ar-d unoec this belief thev con-tiacted with the Company. Your committeei^ lievethat such representations were not true, at d that thie company had no honest facilities for adjusting swamp land claims, not possessed by other ageuts ot the couutiea, andof the State. * r« : ■-I1-* ■ -S1 Your elt; mmittee further finds that the emigrant company has made contract* tor theswamp lai.dr and the nwnmp land interest of about twenty-five couutieg; that »*• one of the counties (Kossuth) rhere was a provision made in the contract that every resident settler in the county might receive eighty acres of said swamp land at the same p? ic**,ng»ccd to be paid to the county, only a lew cents per acre; wjiieh your committee considers to be an indirect hiibe to the voters to sustain the contract m olewith the Board of Supervisors; that the quantity of swamp land pa ented to the St*»e f »r the bereft t of twenty-hve of those counties up to ; il»e first of December last is about i 57 000acres; that the whole n mount of sw tmp lai ds claimed by that company is over 400 Out)I Acres: that the amount of indemnity sc sip: alteady issued, claimed by the company, is tor; nLi ot ®k.OOu ww*^* th**t ih* nrauant of cashI indrmnity which the company already received t is about $32,000. • - ;*v “S« me of thc*e figures arc considerably increased in the statement of one of ihe witnesses, irlt; tn information obtained at the office of tfle 4 Com miss to i. era «f the General Land Office. “Your committee further tiud that during three ye*rs past the attention of the Governor ; and the Register of the State Land Office has been called bv agent* of the State to tbe ai-to retort, did not reffer to any of theae matter*in the papera be submitted?Again, as a matter of fact, Mr. Harlan, in his Bale, violated the treaty in neglecting some of these same set* lers, and that is lt;i|e ot the points which tha Attorney General madeagainst the validity of the sale.aitoknsy gknmkal btanbiby’b opinion.The matter of this sale was referred to Attorney General Stanbery, who, after reviewingthe erne. made the following points against itslegality in a* opinion dated October 4th 186*5.*1 am of the opinion that the contract can not be sustained as a valid execution of thepower of sului^“First, aud especially, os to the term* of payment The power given the Secretary to sell these neutial lauds in a body, provided for a sale for eafb, Tne original provision in this particular was identical with ihe amended proviso. Both authorized a sale for e**h The pale as made, except as to the sum of $25,000, ii- a tale upon credit, unusually extended as to time, by installments ruuttiug through a periodol nii.e } cars.“Second. The sale la not in fact at the rate per acre required One dollar per uere, pay - , able in installments extended through a number of tears, is In no sense, a to valuta a sale at ouedollar per acre.” , r s »W ag-af“The value of money as fixed by the United Ftates is »t the rate of 6 percent. That i* this ?a?# Ci-tabli.-lu’d upon judgmeritg. and debts f*ll-ii g due the United States, and for credit* given by the United Slates on the sale of public land*.I do not know that anywhere in the United Mates the legal or established rate of iuMrelt;iti* below 6.-par cent. Everywhere that seem* tobe ieken aa the value of money, One dollar I er acre payable in long installment*, with in-teiest at 5 per cent., is neither ca-h, nor equal in value to one dollar cash/’Third, The poiut next made by the Attorney General was that the sale was made of 8o0 »MK acres more or less, ’ before the survey, which could not be known to be a sale at one dollaran acre. Tv . '.%,•'Fourth. There is no reservation in thi* contract of so much of these neutral land* as weie occupied by actual settlers. The original provision authorized the sale of the waolewiihoui any reservation: but by the amendedfuovieo, the power i*u sell the whole^»* said and not occuti as made is. *all that tract of land known aiThe saled not occupied by actual settlersj fMc|[ the Chert kee neutral land, and noexc«*ptio?i or . reservation is anywhere stated, but insteadthere w«*r*» these superadds-d words: ‘with the * bei.sfic»al interests therein/ Mr. tanbery J alpoieterred to the undue haste with which the ; pale was made. It will be remembered that there was nn advertising, and the whole affair ; wftp quite secret ” .-.r , ,.fcr j,-,!' ■ • -f rUpon the opinion. Secretary Browning setaside the sale'to the KmigAnt Company, audaig*^ T .plt; Id the lands October Shn. 1887. to Jamet F. Joy, far one dollar per acre, calt;h, in strict ac-o.r/)ai.nu tr if K f ha n f I Has t «*jU t 17 a; h uhhave been very questionable serv ce for a Sec*retary to perform for thU company. *• VALCB of TH» KMCrBAL LAND*.In the defense of Mr. Harlan, prepared a fewwe* ks since. Is the following:. * The public record* show that the sale made by him war at a* high a rate m the land would at that time bring in the market; and that after am pie advertising, and delaying the sale for more than a year, hi* successor, Hon. O. H. Browning, was unable to effect a sale at ahigher rate.”1 ' **Let us pee what the records show: On the19»h of January. 1867, the Teto k ^e»»sho Rail-road bid $U0.000 more than the treaty called for On the 19th of February following it ia* cteasrd its offer to $1.000,000; $50 00u dowav end ihe balance in annual pa * uieu u* of 850 000. Maich 1, 1867, Oeti. Frwmmt. as President of the Atlantic Parific Railroad, entered into a coritiact to pay $1.000C«0B fur the lauds, 8150.-000 Cftrh, fiCKMftMi in two years, and $100,000 annually thereaf er till paid, with interest at g\X per cent, fills contract was sent to the Sei »»e iu the forfn of a treat?/= but n*ject*Nl Ai'iil 17. 1867. by the persons interested in the ri*»d *»♦ whieh Mr. Ketvey Coa*e5 is President,l»n tire 12th lt;f April, in ftn*icip»fiou of the d«-feftt of the Fremont treaty, Mr (Vat*** offered one dollar per acre, cash. Ur» the Zd of M*v be Offered $850,000, and on the 10th withdrew it, er.d gave notice be would make another bid ina few da vs.e CoefOXM aeiega pale for less than the Fretu mt hid.Th■F' frokee delegation protected against aCokmt) Phillip* the attorney for the nation,and one ot the commissioners to appraise the lai d-, pays that the apjiraisemcut averaged about $1 5f» per acre.And after the rale, Mr. Sidney Clarke presumed a table of values, found'd upon surveys ai d o:her reliable data, troiu which he esti-tnMud the value of the land, counting it* great wealth of coal, at $16,000 JKI0. : .These are some ot the facts w hich the publicT* cords do show. ^ ,-Jp - J? d -*■ X*/ ^ MR. JOY IN TUX BBCOttDd. (BWJij- It is only just to Mr. Joy u» ay that hi* owa course in thi^ matter, fr. ui fir-*t to laat. when* judged by the official record* H always open, prompt, ai d business like. He c mstaatly held I himself suictly within b*ith law and f treaty, and there ^ are no - naper* ; whatever that compromise his honor in any respect, except the letter of Mr. Grttintdi; anc uncirg himself a* Mr. Joy’s attorney, ai matter which Mr Joy haa lately d-uiel ia iwlnt. It does not follow that Mr. Grmn^ir* I ieti*r is true It ainvicts him. but doe* not ofnecessity shake Mr. J. y g denial.Ah for the rest, wllat c* i Ioiata oan be too Severe of fiien who defiberately write and circulate statements that contradict the rcc rda which their own hands and their own tra ia-actious have made? II. V. B.ftDertal C*omwixnlt;lPiice of the lt;incinnnii
Newspaper Details
Cincinnati Semi Weekly Gazette
Cincinnati, Ohio, US
Tue, Jan 18, 1870
Page 2
Full Page
Clipped by
Don B.
USA 07 Mar 2023
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