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43 1 (1820-1821)

handle is hein.usccsset/usconset37175 and id is 1 raw text is: [42 : IN SENATE OF THE UNITED STATES, JANUARY 9, 1821. Mr. EATON, from the Committee on Public Lands,' to whom was referred the petition of Nicholas Perkins, made the following REPORT: That Perkins, the petitioner, alleges and proves that Thomas Wheat settled on the land now claimed before the year 1795. No proof (though it is alleged) is produced to shew that Wheat ever had any warrant or order of survey from the Spanish authorities, though it is proven the government of Spain never suffered any foreigner to reside within her territory without permission; and it also is shewn, that Wheat's residence was notorious and public, and known to the Spaniards, who passed frequently by the place at which he lived; and the inference is made, that he would have been removed, if permis- sion of residence had been wanting from the Spanish authorities. It is shewn that Wheat was the head of a family, over 21 years of age; and that the common report of the country was, that he had a Span- ish title. There is parol, but no written proof, that the petitioner's title is regularly derived from Wheat the first occupant. By the act of the sd of March, 1803, persons who were resident- within the Mississippi territory on the 27th October, 1795, and who, prior to that time, had either from the British or Spanish govern- ment, obtained any warrant or order of survey for lands to which the Indian title had been extinguished, were to be confirmed in their titles. It is provided further, by said act, that the head of a family who was resident in the said territory in the year 1797, a cultivator of the soil, should be confirmed in his title to his land, provided, that the party so claiming had not any other tract of land in said territory derived from a British or Spanish grant, or order of survey. There is strong ground to infer from the proof, that the petitioner could bring himself under the first, and, perhaps, under the last, of these pro- visions; the evidence, however, is not full and complete. The Com- mittee, under all the circumstances, have thought proper to introduce a bill for his relief.

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