New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1850-12-05
NETWORK DAILY TRIBUNE THURSDAY, DECEMBER s. 1850

that cases of the magnitude of those alluded to,
should be determined by the highest judicial tri
bunul upon their erts, the subject no " brought
to the notice ofCoogress for consideration aud for
such proceedings IN the way of Legislation as
their wisdom may suggest
Among the most important matters that Will
doubtless eugae TIE attention OF Congress- in con
nection with the extension OF the land system
over our newly acquired Territory will be that OF
making provision by Law for the prompt adjudi-
cation. settlement and separation from the public
land OF all valid foreign titles which should be re-
specteJ, and recognized under treaty.
The frstrequiring attention are those in Oregon
and California In the former the claims, 1t IS pre-
sumed. are cornparatiyely limited I'M number, which
come within the purview OF the Treaty OF 5th Au-
gust, 1e46. between the United States and GREAT
Britain, and the rights which our Government by
treaty has agreed to respect may, II is suggested,
be Disseminated and settled by the Joint action
and cooperation OF the Surveyor General, and the
Register and Receiver, acting as Board OF Com.
mssioDers, whose jurisdiction should extendt TO all
cases contemplated by the treaty, except such az
may have been provided for by the act of Con
gress approved 9Th September 1850, to create
the othce OF Surveyor General ofthe Public Lands
in Oregon, and to provide for the survey, and to
make donations to settlers. The decision of those
officers should be subject tothe final determination
OF the appellate authority ashereinaiter suggested
respecting the adjudication of claims in the State
OF California.
In that State the claims are much more hume.
rous, and are of a very different character from
those in Oregon being generally OF larger area,
some, indeed of an immense extent and resting
upon inceptve and other titles in various stages
OF maturity, as derived from the Governments OF
Old Spain and Mexico and a great portion OF
which are unaided by any actual surveyIznder the
Governments from which they were derived. To
settle these claims, 1t IS recommended that legts
ation he had analogous to the plan presented in
bill introduced into the Senate az the last session.
which looked TO the appointment OF b oard OF
Commissioners. with power to visit different pla-
ces in California, under the order OF the Presl-
dent ard to take testimony OF all the facts relating
to The validity, or lnYahdlty OF the respective
claims and to report the same, with their opinion
70 the Department, subject TO the revision OF e
Tribunal consi stug of the Secretary OF the Int
ri0r. Attorney General and Commissioner ct the
General Land Office. who shall have power to
render final decision OF confirmation, as against
the United States survey and Patent. They
should also have power to reject all clams which
in their opinion not wand under the treaty,
but in case Of any such reflections the claimants
should have the right to appeal from such decis-
ion, and bring the case by petition and trans
cript Of all the evidence and proceedings before
the District or Circuit Court of the United States,
for the proper District in California, who shall
thereupon enter up a decree, or DECISION, IRON
which an appeal may be taken by either party to
the Supreme Court OF the United States whose
decision thereupon shall be final and conclusive.
In the event OF confirmation of claim by such
Court, a survey to be made, and patent TO issue
as in other cases, but when the decision shall be
against the claim, the lands ipS0 tacto to be treat
ed Is public lands OF the United States, and dis
posed of accordingy BY the adoption OF such
measure it is believed that the ends OF justice Will
be subserved the whole matter Will be brought 20
final decision and adjustment within reasona,
bic period, and all claims that are valid and should
he respected Will be recognized, and separated
from the pu L. ands, which can then be disposed
Of without niger OF conflict with the iona tde
interests of private indiyiduA
By different treaties negotiated with Indian
Tribes, reaching back to the carly times OF the
Republic and extending up to late period, the
United States have recognized numerous claims
to individual Indian Reservations. These may
be ranged into several classes a few usutuctu-
ary others, and very large class, in which the
Government has agreed to confer the tce.simple
sometimes stipulatlng that the sale shall not be
made without the sanction OF the President OF the
[ nited States, and others without such condition.
In some of those classes 1t II IS required that pa
tents shall issue direct to the Reservee, as In the
Pottawatamie, Miami and Chickasaw Treaties
others ss under the 10Th article of the Choctaw
Treaty of 1890 to issue to the first purchaser from
the Indian, upon the presentation OF Deeds ap-
proved by the President.
There is also class of between six and seven
thousand, in which immense labor has been re-
CURED of this branch of the service pursuant to the
treaty of 1899 with the Creek Nation and the act
of Congress approved July 5, 1893, directing pa
tents to issue to the last regular ssignee what
ever may be the number of intermediate assign
ments
By the Treaty of 1882, the Chickasaws coded
to our Government certain lands in the northern
part OF Mississippi and Alabama, with stipua-
ton that they were to be sold by the United
States and the net proceeds paid over to them.
That cession as heretofore reported, has all been
duly surveyed, plated, and found to contain
6,7ls,596 z7-lo0 acres.
But Of this area individual indian re-
'servatioHs " bch have been recog-
dzed SO s600 acres,
leaving suhect TO sale 9O6 4l-l0o scres.
OF Ibis QuantlIy there have been sold
up 50h September !as......3,s7 1888 9'-lVo acres.
Leaving unsold at that date. 2998l7 4ilOO acres.
Beside the sale of public lands" there have
been disposed of by the Land Officers in the Ces,
sion, 36005 68-1oc acres Of Orphan reservations,
under the eth article OF the Treaty of 1884
The quantity Of lands sold, public and :" Or
phan. and the gross amount received for the re-
spective classes, in each year and in the aggre-
gate, up to the end of the third quarter OF 1850,
are exhibited in the following table;
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