Iowa territorial gazette and advertiser. [volume] (Burlington, Iowa Territory [Iowa]) 1840-1846, 1845-04-05


termine all Claims 10 lots Of ground arising
under The act 10 which this il An amendment,
and for tkis purpose the said commissioners
are authorized 10 administer all oaths thai
may be necessary, and reduce to writing
the evidence in support Of claims TO pre-
emption presented for their consideration;
and when all the testimony shall have been
heard and considered, the said commission
ers shall file with the Register and Re-
ceiver Of the Land Office at Galena the tes-
timony in each case, together with GER
tifcate in Favor Of each person having the
right ofpre-emption; and upon making pay
ment TO the Receiver at Galena for the lot
or lots to which such person is entitled,
the Receiver shall grant receipt therefor,
and issue certificates Of purchase to he
transmitted to the General Land Office as
in other cases Of the sale of public lands.
CSC. 3 directs sahat the Register and
Receiver at Galena, after the board Of Com
m;;ssioners have heard and determined all
the cases Of presumption under the act to
which this is ali amendment, shall expose
the residue Of lots to public sale TO the
highest bidder.'
Upon an examination Of these acts, and
reconsideration, said and now repeat, that
no power has been reserved to the head oil
this department, or any authority in the
department, to review, reverse, or annul
the determinations Of the commissioners
appointed under the act Of I'd July, 1886.
This act gave to the board Of commits
sioners the power to hear and determine.
No supervising power over their deter
limitations is given to the Receiver, or 10
the Register, or the commissioner Of the
General Land Office or TO the Secretary OF
the Treasury. This act of 1896 constitut-
ed court Of commissioners with power to
hear and determine, and to certify their de-
termination. The evidence is not required
to be sent up to the commissioner of the
General Land Office, nor to the Secretary
of the Treasury. The Receiver is imper-
atively required TO receive payment and
issue certificates of purchase conformably
TO the certificates filed, to be transmitted TO
the General Land Office in order that grants
may be issued to the purchasers.
So far as the commissioners have acted
within the circle of duties and acts to them
entrusted by the second section Of the act
Of I'd July, 1886, their decisions are final
and conclusive, not to be opened, over
hauled, or revised by any authority of the
Commissioner Of the General Land Office,
or the Secretary of the Treasury.
True it is, that the court OF Commits
sioners was board of special limited ju-
risdiction. Being so, their certificates are
subject to certain general principles of law
applicable to all tribunals Of special limi-
ted jurisdiction; videlicet: lst-that the
certificates of their determinations must
contain enough upon their face to shew
that the case decided was within the pale
of the special authority committed TO their
cognizance. 2d-that acts done by per.
sons in assumption Of undelegated au,hori.
ty; acts had and performed contrary 10 and
beyond the pale Of, any lawful jurisdic.
ton, and by usurpation, are simply void
Beyond these two principles, the Con.
gress has not conferred any power to this
department or any officer Of this depart
ment TO open the adjudication or certif
Gates Of the determinations of the board O
Commissioners, for the purpose of com
pairing those determinations with the evi
dence, and thereby to alter or reverse
them as having been erroneous.
1t will be seen in the acts OF Congress
which instituted boards Of Commissioner
for ascertaining claims against the Govern
ment for lands secured to the claimants by
the cession from France Of Louisiana, and
for ascertaining the damages TO Spanish
!. citizens to be paid under the treaty with
Spain, &C., an express power is reserved
in those acts Of supervisors BY the Con-
gress, or by the Secretary Of the Treasury
But in the act of I'd July, 1896, before
quoted, no supervising power over the de-
formations of the board Of Commission
ers has been reserved. Their determine
ton upon the matters to them delegated
are final and conclusive. The govern.
ment granted those rights Of pre-emption
as Of mere grace. The government had
the right, and exercised it, of prescribing
the terms upon which this courtesy should
be granted. No one had any incipien,
private right and interest against the gov
eminent until the voluntary offer Of the
! terms fpre-emption in the aforementioned
acts contained. Until the board OF. Com.
missioners had heard and determined and
granted their certificates no one had any
specific claim. 1t was not intended thai
the matters heard and determined by the
Commissioners should be subject to after
contention. sf
With very high respect,
have the honor to be, Sc,
GEO. Nj. BIBB,
Secretary of the Treasury.
Hon. Tno's II. BLAKE, Commissioner
Meeting Of the New London Ore.
gOn Company.
/ The company met according to adjourn.
ment at A. Cornelius, and came 10 orde,
BY calling DR.. ALExANDER EVANS, 10 III,
Chair, and A. HAcKLEMAs, Secretary.
On motion, the constitution Gas adopted
BY the preceding meeting) was read ant
taken into consideration. @
| On motion, committee was appointed
to enquire into the expediency Of EMPLOY
ing pilot to conduct the company; ant
after consideration reported that j, is no
necessary at present. "''' "