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

are frequently required, sometimes IelfdClnB 10 supply
lines and which have been obliterated by time
or accident, II becomes matter OF manifest necessity
that the powers which have been exercised by the
surveyors general should be devoved some other OH
GER where the archveseonnected with the surveys have
been turned TO the States and the Office of surveyor
general shall consequently be abolished Although the
abors OF the Commissioner OF this office are already sui
centy arduous, still it would that that is the prop
office to which to attach these duties when they
no longer exercised by the surveyors general and |
would therefore respectfully recommend that the
sary legislation be hal for that purpose.
Early last summer Dlessrs Owen and Jackson, the ge
ologiss appointed under the acts OF LIST and 81 March,
Si7 to make geological survey and exploration OF the
copper regions of Michigan, Wisconsin, and Iowa.
despatched 10 the field of their operations, with nsruc-
tons TO close Their explorations tins Year From letters
received from these gentlemen IT would appear that they
have extended Their observations over large portion OF
the districts assigned them, and have doubt that the
result OF their abors will be highly interesting to the
cause OF science. They have not however, quite com
peted their abors; and would respectfully recommend
that they be authorized TO complete their explorations du
ng the ensuing season NO appropriation has been ask
cd Tor this service, however II is believed that the
funds already provided are sufficient Tor the purpose
Should II be found further examination, that there Is
small deficiency it will be made the subject OF a special
report The synopses OF these gentlemen, lar as re
ceiyed, are attached to and form part OF this report
AS intimately connected with this matter, would here
recommend the establishment of surveyor generals Of
flee for Oregon OF a commission TO adiudcae and de-
termne the private claims in California and New Next
CO, and subsequently, the establishment of a surveyor
generals office there also, and the extension OF
TEN OF surveying those Territories and that OF
Nebraska also The expedency and advantages of this
course are set forth more fully and in detail under the
head OF private land claims
The necessary instructions have been issued to the
veyors general OF Arkansas and Missouri TO close the
surveys those States respectively the line establish
ed as the boundary between them by the act OF 18th Feb
ruary, 1913.
The evidence in this Office that the main channel of
the Mississippi was on the east side OF Wolf island be-
ing considered clear and conclusive that being the broad
er channel dlschargng water and bang gen.
orally used, has been concluded action has been
had on the matter by Congress, to consider that island as
part OF Missouri and IN justice to the claimants, to issue
the patents Tor the entries and locations made upon II as
part of the public domain, leaving the final question of
title to be determined by the courts, If 1t should ever be
disputed
The question OF the boundary between Missouri and
Iowa is still pending before the Supreme Court and in
relation TO those between Arkansas and louisiana and
between Georgia and Florida action has yet been had
by Congress 1t is highly important, for the reasons
heretofore gwen, that these questions should be speedily
and finally determined, especially that between Arkansas
aad LOUISIANA, the Office OF the surveyor general In
the former district is about being closed.
The necessary instructions have been issued to the
surveyor general OF Florida to have the quarter section
surveyed which was granted by the act OF 18th July,
1915, for the county site OF Hsborough county, in the
State OF Florida The work has been ordered by the
surveyor general, and the return OF the survey Is
oected al an early day.
Il.--PRIvArE LAND CLAIMS.
In my last annual communication, had the honor to
advert to difficulties which existed, particularly in Flor
da in locating and surveying titles of this Glass;
count of the data which they were founded being
often meagre and too vague to fix the precise localities
aud where claimants had failed to furnish such nfomi-
ton to the surveyors would enable them to trace out
and establish Their boundaries.
Such obstacles to a greater less extent insepara
blc from the very nature OF this class OF an
cient es which, in fact, OF themselves constitute a
system gradually formed under the operation OF early and
successive acts OF Congress, which have been passed
pursuant 10 treaty stpuatons IN order 10 respect and
carry out gooi faith the intentions of Spain France
and Grea, Britain, in regard to rights ncepve and
which had originated under the laws, customs, and
nu,Frpl as
lantlc sovereigntlcs.
These claims of various forms and size in the differ
ent States where the public domain lies, are scattered
the regular public landsurveyng system, and pre-
sent to the eye ae principal devatons from It's simplicity
| and uniformity.
In their wide range and irregular course they TO
show the progress OF the early settlements, AMI advance
OF civilization; and where still held in continued posses
sion by the descendants legal representatives of the
original owners, whose rights have been recognised by
laws OF the United States, there can be but little difficulty
nsGertaGng and sevenng from the public lands such
private property which justice and national good faith re-
qure should be scrupuousy respected and recognised by
the United States survey and patent.
But where the possession not continued, other i'm
pedlments exist III asceralnng the precise limits of such
claims, the interest OF the government, ard sound policy
demand that, In cases falling IN this category, which
from the designation OF their general locality, suscep
ble OF location the department be empowered, by law
TO order the location OF them according to the lines OF
the public surveys, and as to include the ancient set
Elements, or improvements, where they can be ascer
tanned; and further, that where such locations made
uey Shall oe Heu forever Dinuing upon lne ClaiHdlis
unless within year from the date of the approval OF
the survey, the parties shall satisfactorily show the oca
ton TO be erroneous, and IN prejudice of their rights
heretofore reco snlsed by law which event, 1t is pro-
posed that the department be authorized to order
final location and survey.
Besides the numerous titles which embraced in the
eports oil the boards of United States land
nissones, and which have been recognised by act of
Congress, confirmed by DEGREES of court, individual
cases are appearing by petition at almost every session
OF Congress, seeking contrmaton; and our statute
books show that numerous similar cases, from time to
time, have been affirmed by special enactment
In order to quiet titles and avoid, far possible
conflict hereafter between claimants under such ancient
titles, and purchasers from the United States, further
propoScd IN respect to CLAIMS Internationally confirmed
which have been already surveyed and found to be in
nterieed with by sales other junior titles that author
y by law be conferred the department to order, upon
the assent OF the conirmee his legal representatives
the OF interference to be located other lands sub
ect 10 private entry in the States which the original
claim situated, and 10 carry such interfering SALE if
regular IN other respects, into patent And reference
TO which have not been heretofore actually located
surveyed and where the claimant has failed to give
such notice to the local land Office will show the To-
cation OF such claim IN conneXion with the public
vcys, any sale which have been be made by
the United States prior to such notice when given, and
when moi given prior to the return oil survey to the local
office, shall, when regular in other respects, be carried
into patent, and the conhrmee his legal representa-
yves, allowed the area IN other lands subject TO private
entry.
There is also class OF private claims in Louisiana,
principally found IN the report, dated LIST January 1871,
OF Daniel D Sutton, former register OF the district north
OF Red river, and few IN Samuel H. ilarpers report of
that year Tor the southeastern district about forty
in number, and covering eighty thousand some hundred
acres, which are confirmed by an act OF Congress APP
| . ~. l.t. l. l.I.-