Arkansas intelligencer., 1843-06-10

tnat" State to locate the Spanish confirmation
under such rules and regulations as may be pre-
scribed by the Treasury Department; az portion
Of the SOC, 900 acres Of land granted to q that
state by the act "approved the 4th Septembe
lS4l, and asking I" If itcan be done "that'' vol
will please make out the instructions" &c.
! BY the 9Th section of the act of 4th Sept lS4l
mentioned by Gov. Yell, selections for the STATE
are authorized 8" on any public land except sucl
as is or may be reserved from sale by apv law o
Congress or proclamation of the President of the
United .States," &c.
By the I'd section of the act of Congress approv.
cd 2OIh April lS42, entitled 1" An act providino
for the Posponement of the trial of rtain cases
now pending in the Superior Courts of Arkansas
Territory and for Withholding from sale or entry
certain lands IN said Territorys it is REQUIRED that
lands of the description mentioned in Governor
Yell's letter be withheld from sale until the fnr.
ther order of Congress-
Congress-, however, has given a "furthor" but
restricted order," by the act of the Ith Auoust
lS42, entitled An Act to settle the title to Ger.
tain tracts Of land in the State of Arkansas %
which acts limits the privilege of entering these
lands to the "owners' themselves, and exacts a
compliance with certain conditions and REQUIRE
menss tho act being to this effect.
lst. That the lands can only be entered bv
each and every owner" himself "being subse.
"a. That the entry must be made "wthin
twelve months from the passage of said act of
llth August, ls42.
Sd. That the "mimimum price" per acre
must DO paid by the owner of the Spanish claim.
4th. That the entry cannot be made " unless
the owner OF the claim shall make and subscribe
an oath before the Register or Receiver of the
Land Offlce of the districts in which The lands
ne' That " at the time he became the owner of
the claim he had no notice or knowledge that the
claim was fraudulent, or that tho same rested up-
on any forged warrant, grant, order of survey, or
other evidence of tite.''
1 ne act OF the 4th September, lS4l, interdicts
selec'aon under 1t, of lands reserved from sale.
ny the said act of Both April, 1912, lands GOV.
cred by French and Spanish claims are reserved
from sale, and this restric ,on is onlv 80 far se,
aside by the fact Of llth August 1912, as to ad.
init the bona fide owners and innocent purchasers
OF those lands to purchase them from the United
o'ates after compliance with the legal REQUIRE
ments herein before mentioned of the act of llth
August, lS42.
The operation of the act of llth August. 1912,
m no way proves the application in behalf of the
State to select the lands, the sale of which is con.
'emPlated by that act, because if the "owners :"
'e'nqu'sh or 'caire ther rights to purchase there
$ an end OF the matter, as the lands by such pro-
seedlings are placed in the same state thew were
'eiore the passage of the act of llth August,
lo4I' and remain reserred lands under the act of
10Th April, 1882.
IT, however, the " owners establish their right
o enter, a condition precedent to the consumma-
ION oil that right, is the payment of the purchase
nonev Of 81 s5-loo per acre IN cash, as the law
oes not contemplate or au,horise tho su bsttution
Or cash, of right to select given quantity Of
Ind under tho act of 4th September, lS4l.
In any view that have been able to lake of
ne case, the application in behalf of the State of
Arkansas, TO select those lands is inad,nissible,
nut the matter is respectfully submitted for your
Ultimate decision aud directions.
With great respect,
Your ob't servant,
(Signed,) THOS H. BLAKE,
Commissioner.
Hon. JOHN C. SPENCER,