The daily union. [volume] (Washington [D.C.]) 1845-1857, 1848-12-24


may be regularly and properly sepaaed by acIua sur
vey from the public lands As the l4h section OF the
ACT of August ls4s has abrogated and annued the pro
vsona Territorial laws making grants OF land, the set
tiers In Oregon are thrown upon the beallty OF Con-
gress 10 whom alone belongs, under government the
power of the primary disposal of the soil
1t is submitted that authority of law should be con
erred for the examination and recognition of bona fde,
actual settlement claims, which existed before and the
time OF the treaty OF limits and that in all cases where
substantial and valuable improvements have been made
that the right to the soil should be conceded and lib
era policy observed not only TO the old settlers, but
those who may hereafter witha a limited and prospect
i've perol seek homes in that region, and establish and
maintain such continued possession will show thai
they have permanently identified themselves with the in
teress and future condition OF the country The import
ance of making provision for the examination and adu
dcaton of titles and claims TO land, terrific
rial acquisitions in New Mexico and California, will
doubtless also engage the early attention of Congress
Though the relations between people ana their former
government be dissolved by change OF sovereignty
the right OF private property remains anaeced by this
change.
1t is not only, then, required of matter OF JUS.
lice, under this acknowledged principle of universal law
to recognise and respect private property held by valid
titles under former governments but II incumbent upon
US TO do under express stpulaons in the Sh and 9th
articles of the treaty OF peace, friendship, limits and
Element, with the republic OF Mexico, as ratified the
9TH July, lSiS
Ii is also OF the highest Importance to the present and
future welfare of those Territories, that early and efficient
measures be taken by the appointment OF tribunal
clothed with the necessary powers Tor ascertanng and
adludcating claims to lands within those Territories
which may be held by bona fde titles under the govern
ments of Mexico and Spaln and recognised by the
Mexican authorities before military possession taken
by the United States IN order that all such as valid
and binding upon US may be confirmed and detached from
the public lands and all such spurious illegally
made, may be summary annued Such tribunal
should have The power TO hold lis sessions at whatever
places the President may deem most proper for the object
contemplated should be authorized finally to confirm and
report all valid and complete titles under the Spanish and
Mexican governments for small areas say not exceeding
tract of 900 apenS each and 10 make report for the
decision OF Congress- upon all such grants of larger area
and also upon such OF less than 900 arpens,
held under complete titles but mchoate where the latter
may appear to be OF such meritonous character to
entltle them to favorable consideration
1t should also be authorized to examine and adulcae
all individual and municipal titles TO lots held under valid
and complete grants from the authorities of Mexico, for
the erection OF pueblos or towns and to confirm and fl
nalIy release the title of the United States such lots
wanted for military other public uses may have
been gianted to the authorities OF town, by United
States military officer, acting at the time governor,
under appointment from the President of the United
States.
Such tribunal is indispensable, in order properly to
discriminate and separate the valid and meritogous titles
from those which invalid and ntrnscally destitute
OF merit in law and equity
The testimony before the Military Committee OF the
Senate, in February last, shows the circumstances that
fortunately for the interests of the United States, frsa
ted the consunmaon of the immense colonization grant
to MAcNAMARA.' which he sought of the Mexican gov
eminent, for 5000 square leagues between the river
San Joaquin from its source to It's mouth and the Sierra
Nevada and extending from the river Consume on the
NORTH to the luiaTeS on the SOUTH IN the nelghOOrhOod
of San Gabriel and embracing the most valuable por-
ton of the beautiful valley of San joaquin. That est
mony also shows that the Californian authorities short
ly before the United States flag hoisied at Monte
rey, and military possession taken OF the country,
settling and granting the public domain to residents non
residents, and foreigners at very nconslderabe, If not
nominal prices; and further that "neary all the missions
south OF San Luis 0bspo, the mission OF San Raphael in
Snnoma, and OF the large islands the coast
granted" and that 1t was understood that 'many OF
these grants were hastily made without the usual legal
and is IA
utmost consequence to the present and future prosperity
of Our Territories and indeed to the interests of the
United States, that legal provision be made for the
summary and final annulment OF such invalid claims.
The generous spirit evnced in the grant of school
lands by the Oregon Territorial act of l4h August 1913,
will doubtless be extended by Congress to New Mexico
and California, to which, aso as regards donations to
actual settlers beg leave to apply the recommendation
in this report respecting Oregon.
The inhabitants there, and the emigrants seeking
homes those remote Territories, have right to ex-
pec fostering and expansive and enlarged policy
towards them, from our government
There will be no surer means OF contributing to their
prosperity than by early settlement of claims, the
gradual extingushment of the Indian title the
advance of civilized settlements, the establishment of sur.
veylng departments the extension the Territories of
our simple and beautiful surveying system, and the open
ing OF United States land offices for the sale of the public
domain.
The recommendations in the foregoing look to the ear
y introduction of whole land system, and its gradual
and progressive extension Territories but,
as in part of them the mineral productions OF the
late and hasten emigration ii Is submitted, whether 1t
would not be proper for Congress- in advance of gem
eral legislation, and at early period, to delegate au
thory to the department to appoint superintendent,
with corps of surveyors, to make preliminary recon
nossance of the mineral precincts and to survey them
oil into small tracts to suit persons DESTROYS OF making
mineral explorations say IN lots OF ten each, be-
ing one fourth OF the present smallest legal subdivision
Then to fix reasonable minimum with right of pre-
empon to the first occupant dscoverer, and after
posure to public sale, under such instructions may be
given by the department, TO lay open private entry at
the minimum such lots may not be disposed of at pub
lie sale.
measure like this will create proper relation and e-
gal conneXion between the people and their government
will afford opportunity to individuals to obtain legal
title to the lands and instead OF the ueguarty and con-
fusion likely to arise in the pursuit of ore, will establish
system and ORDER and insure to every whatever he
may honestly obtain by his labor, within the limits of
his lot whilst at the the government, by
an adoption of such policy, will doubtless eventu
ally be well reimbursed
In relation to the issuing of grants for
IiI-INDnN Reservations,
Which belong TO the Hprivate land claim" branch of
this office have the honor to report that the business
steadily progressing, and the General Land Office pre-
pared demand to issue patents in all where the
requisite evidence of elementary title has been rendered
TO this Office.
Under the Choctaw treaty of 1890, patents are issued
to the Indian residents for under the 18th article
and under the 10Th article or supplement- either 10 the
Teservee where he has not sold his interest, TO the
first purchaser from hum when the sale has been APP
proved
In respect to the numerous reservations under the
Creek treaty OF 1892, there instances in which
greater portion in which the reserves have
sold their rights, and under the act of Congress-