The Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1837-1845, 1841-01-28
Communications.
FOR THE MADfsoNIAN.
THE LAND SYSrEM.--No. 3.
THE PRIVATE LAND CLAIMS.

That portion of the Land System which is by far
the most complicated, and which has given rise to
more laws than any other is the one connected with
the adjustment of the private land claims; and, under
those laws, numerous reports have been made upon
these claims at different periods either by the special
Boards of Commissioners or the Land Officers, who
have been authorized to examine into their merits, and
to receive and report upon the testimony adduced in
their support
These claims to be found in every State and
Territory of the Union, with the exception of Ohio,
in which there public lands, and in some of them
the great proportion of the most valuable improved
property is of this character These claims based
not only upon all the different descriptions Of title,
complete and nclpent known the then colonial land
systems of France, Spain, Great Britain but upon the
Temporary regulations of the local officers Of those 60
vernmens, and the particular usages and customs of
the particular sections of the country in which they
situate, as well as upon the laws of the United
States.
Under these circumstances, it may well be sup
posed that this branch of the General Land Office, is
of much inricacy Importance, and that to acquire
the requisite familiarity with the various and often APP
parenty contradictory provisions Of the several laws
regulating these claims the most devoted attention
must be given their consideration by those whose
duty it is to act upon this class of cases, and particu
larry upon the part of that officer whose expressed
opinion is in most cases, final and conclusive.
The embarrassments under which this branch Of
the Land Office then labored, and the accumulatng
arrears of its business caused by the want of suf
cent clerical force and its proper organization
pointed out in the report made by Mr.. Commissioner
Brown to Congress in 1886, which report was the
basis of the act Of the 4th july 1886, which
ganized the office in the manner and gave the add
tional aid required.
BY that report it appears that out of nearly 10000
cases of private claims then confirmed, about $500
only had been patented, leaving 10000 claims unpa-
tented and that in each Of these cases. before issuing
patent il would be necessary that the certificates
and surveys should be critically examined and compar
ed with the conrmatory laws, the reports, and official
returns of survey ascertain whether they
rect and that such examinations resulted in consider
able correspondence; J" and inasmuch the tracts
confirmed in three of the States described by par
tculary detailing the courses and lengths of all the
lines the nature and position of the bearing trees &C.,
the preparation Of the patents required much labor and
attention
Cose investigation and much labor was also stated
TO be involved in examining and deciding the allie
cations of fraud in procuring the confirmation, the
subsequent location, of claims.
II was also stated in the same report that great en-
barrassment was found in the investigation Of the
firm ed claims (of the great number ofwhch no
estimate was given, they passed from hand to hand
as other descriptions property, and were continually
brought forward new opportunities offered for their
ae;n mani in
relation to them, requiring tedious and extensive
aminatons, and in many cases, eren The Information
aohieh did eris could mol beq6orded from The rant Of
proper inderes the reports These reports give TIL
names Of the original grantees and in many instances
those of the intermediate of the claims, well
as of the individuals who appeared claimants before
the reporting officers.
Within few years indexes had been prepared for
most Of the reports but they included the latter class
Of names only. The necessity for complete indexes,
including the names of all who had at any time been
the alleged owners Of tract was shown by the fact
that il was impossible to ascertain whether any claim
for tract had ever been presented for investigation,
unless the name Of the person who had claimed the
tract before the examining officers was stated.
The propriety, not to say the absolute necessity, Of
having all the reports which had been made upon pr
waite claims, carefully and neatly copied into well
bound and durable volumes" which, after being cr
cally examined and duly certified were to be used for
all ordinary purposes urged for the reason, that
while those originals, made they every size
and quality of paper, the only legal evidence Of
the facts therein mentioned of particular claims
being embraced by certain con6rmatory laws, they
would, by being referred to all occasions
ry become so injured and defaced by constant
as eventually to render them imperfect and thus affect
the rights of individuals. And it must be borne in
mind that the General Land Office will, in its action,
only be guided by those reports, although the exist
ence Of clerical or other errors therein may be csab
shcd by the evidences of title as recorded by the very