The daily Madisonian. [volume] (Washington City [i.e. Washington, D.C.]) 1841-1845, 1841-12-30
mend such remedy as may be found necessary for the


action of Congress
An individual, peculiarly fitted for this task by his
experience and well known discretion and integrity
has been appointed to conduct the investigation of the
whole Surveying Department, with view to effect
the objects herein alluded TO- and of nquirng into the
important special matters of business connected with
those Offices of long standing and of great embaass
ment where satisfactory results could not be attained
by the tedious and uncertain process Of correspon
dence The abors OF this agent are yet in progress
and far reported have fully realized the expcc
tations Of this Office and it is believed that when ter
minated they will result in advantages that cannot
fail to be appreciated by the country.
OBSERVATIONS IN RELATION TO SUSPENDED PRE-
EMPrIoN CLAIMS.
would beg leave to call attention to the fact that
many cases Of claims to the pre-empton privilege
have been suspended by this office, for the following
reasons
In cases where two persons claiming the benefits OF
the presumption law of June 18th 1884 were situate
fractional quarter section lot containing less
than one hundred and sixty acres, and the privilege
enjoyed by each Of locating egy acreS' of land else
where has been construed by the Register and Re-
ceyer as TO induce them TO ALLOW not "eighty acres
each, or hundred and sixty acres Jointly, but so
much, when added to the contents Of the original
tract cultivated, and in the poec"sci Of the pre-
emptors, (as shown by the testimony will amount To
three hundred and tcenty These foating rights,
they are called thus located, have been sold 10
most instances, and now i'll the LANDS OF innocent
purchasers.
Fiji office cannot approve such cases, inesmuch as
they are for quantities exceeding the amount autho-
rzed by law but Tor the above stated added TO
the fact that the Government has realized the purchase
m ney Tor The land thus entered by pIe-ampon and
floats II is deemed proper to recommend To Congiess
the confirmation OF such entries where correction of
the under the directions OF this office has not al
preenpor to the precise quantity allowed by law, by
legal Subdivisions when such course was found prac-
ticable.
A large number of cases of claims to presumption
have leen suspended in consequence of the proof be-
ing made before the Clerk of the Register acting with
the Receiver in the unavoidable absence OF the former
The law requiring that the proof be satisfactory the
Register and Receiver this judicial duty could not be
delegated by either officer TO his clerk, any other
person, and such claims not having received the Joint
sanction Of the two officers empowered by law 10 de-
eide their validity the entries are at present void
Such cases however have not been as yet absolutely
rejected by this office, inasmuch the proof such
would enIille the parties, in most instances TO the
land entered, and Congress by confirming such as the
Commissioner from satisfactory proof may deem 10 he
valid would con- fer the claimants title which un-
der present circumstances they cannot obtain.
Numerous other entries by pre-emp'ion have been
suspended by this office for defect Of proof
location and other causes, which prevent the issuing
of patents. These produce much embarrassment To
this Office and add much TO its abors in the CORES
pondence to which they give rise The original claim
ants either dead or have left the country and
gone to Texas or to parts unknown, that the pre-
sent holders Of the effcaes OF purchase cannot OBJ
tain the additional evidence deemed necessary. Such
CLAIMS of this descrI on, are believed to be valid
might with the other classes of suspended claims here
alluded to, be embraced by one general remedial law.
Suuh proceeding would greatly tend 10 relieve this
Office of existing embarrassment, respecting them, and
the present holders of the equitable Interests would he
placed in situation to obtain their titles, which it is
not likely would ever otherwise be effected.
In view therefore OF the foregoing state of facts
take Leave respectfully to submit for consideration be
as the provisions If law, which might be
prescribed for the confirmation OF the sales of The de-
,criplion referred TO.
THAT in all cases where any entry has been made
under the pre- enp,on laws, OF land which public
and subject to sale at the date Of such entity, ard
where the same is now SUSPENDED at the Gen.
eral Land Office because of the original claimed
n the float aIslng thereirom exceeding the quantity
specified in the law; or where the adjudication has
been made by the Receiver and the Clerk OF the Re
Gster, &C ing in the stead of the Register where
The proof III on which the claim founded is in the
orm, nor full as to all the facts required by law, such
entries and sales are hereby contirmed and patents
.ha be issued thereon, in other cases PrGrided,
that the Commissioner of the Gen, raj Land Office
shall be satisfied that such entry has been in other
spects and regular that is contested by other
persons claiming the tract or tracts, entered and
that fraud shall appear or be alleged to exist And
propided further that the shall not already have
been settled by the adjudication Of the General Land
Office and the adoption by the pre-emptol or his
sgnee of the measures pointed out by that Office for
The correction of the evil.
REMARKS IN RELATION TO MINERAL LANDS The
imposed by law the sale Of lead lands
has been matter OF much public interest and one
which appears to call for speedy consideration.
The general provisions of existing laws require that
he public lands, which lead mines found, shall
be reserved from sale and authorize the President TO
cause the same to be leased for term of years.
All the information before the Executive in relation
% the extent of the mineral region OF the West was
communicated 10 the House of Representatives, pur-'
,uant to its resolution of February 8, 1923, and con-
ttutes printed document No. 2S of the LIST session,
18th Congress.
Many years subsequent to the collation. Of the in
formation furnished hy that report, Congress enacted
The law Of March g. 1899, ITO authorize the Presi-
lent Of the United STATES to the reserved lead
mines in the State of Missouri be exposed to pub
c sale and for other purp ses; and requiring that
-ix months notice least, OF the times and places OF
HE said sales, shall be gwen in such newspapers OF
general circulation, in such of the States The Ppsl
lent may think expedien with bGcf description of
he mineral reeion in Missouri, and OF the lands to he
fercd for sale, showing the number and the loeali-
lies Of the different mines now known the probable
ty of discovering others The quality Of the ore the
.uciliies for working it III, further fac.,Js, if any,
Tor manufactures of hot sheet lead, aid pants, and
The means and expense OF transporting The whoe to
the principal markets in the United States"
Pursuant to the foregoing provisions, the President
issued, in March $780, his Proclamation ~ the sales
of the reserved lead mines under the prescribed for
malities and it is remarkable fact that the public
sale did not attract the attention capitalists and that
the entries since at private sale have been very few
On the 9Th of February, 1889, the House Of Repre-
sentative, passed resolution, as follows
"RcSoired, That the President OF The United States
be requested to cause be prepared and presented to
the Congress- at an early days plan for the dis
posa of the public mineral lands, having reference as
well to the amount Of revenue to be derived from
them and their value public property, as to the
equitable claims of individuals upon Them and that at
the same time he communicated Congress all the m
formation in the possession of the Treasury Depart
mcnt relative to their location, value, productlvcness
and occupancy and that he cause such further nfor
nation to b. collected, and surveys TO be made as
&