1
Whereas, It has been satisfactorily represented to the present General Assembly, that on the 21st day of November 1829, Daniel Malone of Perry county, State of Illinois, employed one John Brown, now deceased, as his agent to enter for him at the Land Office at Kaskaskia in said State, the west half of the north east quarter of section numbered thirty-five,
in township numbered six south, of range numbered three west of the third principal
meredian; and that said Brown entered by mistake the west half of the north east quarter of section numbered thirty-five,
in township numbered four south, of range numbered three west of the third principal
meredian, and that the land thus entered by mistake is worthless and totally unfit for cultivation;
And Whereas, The said Malone, has applied to the Register of the Land Office aforesaid to have said mistake corrected,
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without success, and will suffer considerable loss without relief:
Therefore:β
Resolved by the General Assembly of the State of Illinois, That our Senators in Congress be instructed, and our Representatives requested to use their exertions to procure
the passage of a law, authorizing the said Malone to relinquish to the Government the half quarter section of land thus entered by
mistake, and to enter the one upon which he has made his improvement and which was
intended to have been entered by his said agent as aforesaid.
Resolved, That they be further instructed and requested to procure the passage of a general
law upon this subject, by which any person may be relieved under like circumstances,
by making satisfactory proof by his own affidavit or otherwise, at the proper Land
Office; and when such entries have been patented, that in such cases, the error may
be corrected, by making the like proof to the Commissioner of the General Land Office,
under such regulations and instructions as may be deemed necessary to prevent the
practice of fraud;2
1On January 2, 1835, Conrad Will introduced the resolution in the Senate, and the Senate adopted the resolution. The House of Representatives concurred in the resolution on January 6. On January 16, the Committee on Enrolled
Bills reported the resolution had been laid before the Governor. On February 4, 1835,
Senator Elias Kent Kane presented the resolution to the U.S. Senate, and on February 6, Representative John Reynolds presented the petition to the U.S. House of Representatives.
Illinois House Journal. 1835. 9th G. A., 1st sess., 203-204, 218, 234, 282, 302; Illinois Senate Journal. 1835. 9th G. A., 1st sess., 171-72, 195, 250; U.S. Senate Journal. 1835. 23rd Cong., 2nd sess., 136; U.S. House Journal. 1835. 23rd Cong., 2nd sess., 332.
2In 1829, Daniel Malone purchased 80 acres of federal land in Perry County. The land he apparently intended to purchase was located in Four Mile Prairie, along the southern border of the county. However, his agent entered land that was
located in the northern part of the county, in an area that was mostly timber. Malone
and his family settled on the land he had intended to purchase in Four Mile Prairie,
where they stayed until 1836. From 1832 to 1839, Malone petitioned the Illinois legislature and Congress in an attempt to correct the mistake in his land entry. Twice, Congress considered
bills for his relief, but both bills died in committee. Finally in 1839, Congress
passed and President Martin Van Buren signed an act that authorized and required the register of the Kaskaskia Land Office to allow Malone to surrender the land in the northern part of the county
in exchange for the same quantity of land anywhere else that was available and authorized
for sale. By this time, Malone had already purchased 40 acres in Four Mile Prairie,
which was half of the land he apparently intended to purchase in 1829. In 1836, Malone
purchased another 40 acres in Randolph County and relocated his family there. It does
not appear that the mistaken entry for the land in the northern part of Perry County
was ever corrected.
Illinois Public Domain Land Tract Sales Database, Perry County, vol. 31, pp. 6, 21, Illinois State Archives, Springfield, IL; Illinois Public Domain Land Tract Sales Database, Randolph County, vol. 31, p. 67; Combined History of Randolph, Monroe and Perry Counties, Illinois (Philadelphia: J. L. McDonough, 1883), 424, 428, 472; βAn Act for the Relief of Daniel
Malone,β 2 March 1839, Statutes at Large of the United States, 6:756; U.S. Senate Journal. (1832). 22nd Cong., 2nd sess., 41; U.S. House Journal. (1832). 22nd Cong., 2nd sess., 85, 89; U.S. Senate Journal. (1834). 23rd Cong., 1st sess., 59, 72; U.S. House Journal. (1836). 24th Cong., 1st sess., 478, 561; U.S. House Journal. (1838). 25th Cong., 2nd sess., 258; U.S. House Journal. (1839). 668.
Printed Transcription, 2 page(s), Journal of the House of Representatives of the Ninth General Assembly of the State of Illinois, at Their First Session (Vandalia, IL: J. Y. Sawyer, 1835), 203-204