The daily union. [volume] (Washington [D.C.]) 1845-1857, 1845-12-12


5,OOO while it appears by the report of the seere-
tary of War ofth 10th Feb, l845, that the whole
amount of rent lead received by for the
years lS4i and 1872 only IA, 1924 pounds, worth
about 81 ,600-a sum hardly sufficient to pay the
annual salary of one of the supern,cndents This
/ report clearly shows that, IN financial point OF
view, the United States are not likely TO be much
benefited by the reservation of the mineral lands.
The exhibits of lS43 and 1874 will make this still
more evident. From statement of the War De-
partment, now before me, it appears that the gov
eminent has expended on account OF the mineral
lands including officers, agents, laborers, &c, for
the years lS43 ard 1874, the sum of S20,729 IL;
while the rent received for the period only
amounted to 242 8l4 pounds of lead, worth about
| 1886 %, at Galena Here is an actual loss in
cash of Sl5,672 SO, upon the mineral system, with
in the last two years; and to effect this extraord-
nary result the settlement and prosperity of large
portion of our country retarded, litigation pro-
NOTED, and opportunity afforded for the practice
| of the most enormous frauds upon the public. To
enlarge upon this view ofthe subject, would extend
it far beyond the limits Of report therefore re-
spectfully but earnestly recommend that the miner
al region be opened TO public sale and private entry;
and that the pre- empon principle be so extended
as to embrace the diggings, discoveries, and I'M
provements of resident miners and settlers In that
| region. With regard to the price, am convinced,
/ from consideration Of all the circumstances that
higher rate than the present minimum would be UNI
just and imperative. 1t would be unjust to those
who have settled under the auspices of the pres
| ent system, and who too poor TO pay
| higher rate; and it would be comparatively in
operative, ms the people would regard it only
| as the substitution of the lesser evil for a
greater. The greater part of the so-caed mineral
| lands, as have already endeavorcd to show, is no
more valuable than the lands already in market;
and even where mineral actually exists, the conse-
quent value Of the lands is strangely and grossly ex-
aggeraed. II must be recollected, that the dggings
and discoveries, as they are termed, are not mines
in the proper acceptation of that term; and il is well
known to miners, that the time employed in search
| of ore, and the money and labor expended in ex-
tracing it when found, are seldom compensated by
| the amount of mineral obtained. The course he
recommended has been adopted in relation to Mis-.
souri,; and mpartiaty requires that the same policy
i be extended to other States and Territories.
i Iwould also recommend the propriey of making
certain notifications in the present presumption
law, which may contribute to carry out in a more
liberal spirit the bene6cen policy Of government in
the enactment ofsuch laws.
4 The first modification would suggest, is the ex-
tension of the presumption principle to all settlers on
unsurveyed public land, after the extinguishment of
the Indian title. This change is called for by con-
sideratons of Justice and policy
The emigration to the West is increasing so rap
| idy that the settlements on the frontiers are ex-
tending far in advance Of the public surveys The
men who form those settlements are justly entitled
10 the protection and favor of government and yet,
strange as may appear the whole OF this class is,
by existing legislation, excluded from the privileges
Of pre- -emption while claimants Of greater merit,
under the Rio Hondo settlement and Florida armed
occupation act, are limited by no such restrictions
i consider the spirit Of the presumption principle
violated when the first settlers, who open the way
for succeeding emigration deprived of the bene-
fit of their settlements because they have been made
on unsurveyed public land; and despoiled of their
homes, perhaps by the very men whom they have
pioneered into the country, merely because the lat
ter happen to become the first settlers on the land
after it is surveyed. The law in this respect tends
to reward cupdity, and favor spoation, and ought
to be modified at once in such manner as to pre-
vent the commission of such fragrant injustice.
The second change would recommend, is the
extension of the right Of preemption to settlers on
surveyed land, whose settlements commenced prior
to the first of june 1910. The act of 9TH Septem-
Der, lS4l only makes provisions for settlements
menced since the first of June, lS40 while prior
Settlers who cannot secure their rights under the
acts of 1888 and l840 in consequence of the restrc
tive provisions of these acts, are excluded from the
privilege Of pre-emption and their improvements
are liable to be entered by others who may have set
tied the premises subsequent to the ls of June,
1910. The first settler who continues TO inhab the
land should be preferred in all such cases, and the
law should be so modified to allow him the prvi
lege Of entering his improvement by pre- empton.
Il MY third recommendation is to extend to owners
and residents fland, the right of presumption to so
much adjoining or ncighborng land, as may be ne
ceesary for fuel fencing, and other similar purposes
the farms many Of the settlers are situated in pra-
tries, and are wholly dependant on the adjoining
lands for timber. BY the existing law, each set
tier is confined TO the quarter section on which he
resides, and prevented from obtaining by pre-emp-
ton an adjoining tract, without which, perhaps, his
improvement cannot be enjoyed. By permitting
such settler to enter tract Of wood land near his
farm, great benefit will be conferred on him, and
no detriment occasioned TO the government This
would prevent the surrounding timber lands from
La.nfr k
sole object to speculate upon the necessities of set
tiers on the prairie
NV fourth recommendation on this head, would
be to modify the law as to enable settler to en-
ter, if he desires il fory-acre tract, or quarter
quarter section. The subdivisions created by the
act of the 5th of April, 1882, to witt quarter quarter
sections are now only liable to private entry after
the land has been proclaimed and offered at public
sale, and then only under certain restrictions If the
law would authorize presumption entries of such
tracts, it might be of advantage to that class
of settlers whose scanty means prevent them from
entering a larger quantity. They would thus, by
obtaining an interest in the soil, have stronger in
ducements to make permanent improvements, In
stead of being mere tenants at will to either private
individuals or the government. Some of these sug-
gestions may not appear to be of material moment
to those unacquanted with the wants or priva-
lions of the frontier settlers; but 1t will be
recollected, that whatever affects the well-beng of
the hunblest citizen, is trivial for the
sideration Of liberal and enlightened government.
The general extension and enlargement of the pre-
emption principles in spirit of true liberality, to
all persons over the age of eighteen years, who
settlers public lands, whether surveyed or UNI
surveyed to which the Indian title has been extin-
gusled will, have the most beneficial effect upon
the moral and social condition of the frontier set
tiers, without occasionng the slightest deriment to
the public or to the interest of the government.
| The aggregate proceeds of the public lands ex-
coed but little the minimum price per acre; and this
| being the case, there be objection n
eral prescription law, the supposon that 1t
tends to diminish the revenue. | would take the
liberty still further to suggest that, the public
| have now become accustomed to the mode Of opera
| ton under the present law, these notifications
| should be made in such manner not to change
its essential features; but simply to extend its pro-
visions, and rid it of all unnecessary restrictions.
wish also to call your attention to the propriety