The daily union. [volume] (Washington [D.C.]) 1845-1857, 1850-01-02


important of those suits ale pending before the
supreme Court on appeals taken from the decisions OF the
final decision Of these will remove serious inn
pedmen 70 the settlement and prosperity Of the States IN
ing in suspense they do, many Of them
bodies ofand, they will either be affirmed the petition
dividaa with urty e or they viii be rejected
once Gall into the Of public lands, and be sold
under the aforesaid Of 18th june lsaa revying and
as y ,s. ss. q ~ a May sa 70 s ss sa
6y the United States district attorney, from the decision oi
Ing s according 10 The alleged & spanish sa1vsy Of 10000
a'pens bn, IN survey made at the instance OF the par.
upon the being brought Supreme Court aI
the January term % Isis (eth Howard page 1861 the ap-
peal was dismissed on the ground that had been pre-
sened In the manner direcIed, and within the
Appeals in four other have also been dismissed on
similar gronndsone OF them involving title to large
As these suits instituted under special law Civ
ing right ofapPeal 70 either party consider daiy
70 draw asnuon % me mater, g lha.. deemed piopeI
properly becomes cnhancsd 6y ths pssssss -
and the constant and rapid growth OF country old sum
bering claims liable If may Judge from the past,
be and Congress appealed TO fur special ccnrma-
general rule, il suggested that any entitled
equitable consideration in which Congress may be dis
posed 10 recognise claim make award their con-
rmaon be given with provso not TO interfere az the
time 81 sWpsy with any pre- existing sale by the United
ocated ] - - s'N' '''N' ''N'' '''' p'es'''
principle lbe ths If fully established and adhered TO
in future legislation, would go far prevent conflict and
harasing vexatious litigation, and would much facilitate
operations in administering this branch OF the public ser
Indeed, Iwoud invite the attention of Congress to the
pie to any claim heiesoors unconditionaiy confirmed
which may shall hereafter be ineriered with by
that occurred by Of laches OF
rees, their legal representatives, to furnish proper
such confirmed claim.
In this class Of cases however, where Congress- by con
full Of his caim would be proper 70 allow the
conmee indemnity, 10 the amount Of interference.
location the land district in which the original
claim may be sua.ed and IN any case where claim has
heretofore confirmed and notice Of locality
given, but through inadverence OF the local office, n
10 The conrmee 10 take the area on other lands, and in
thar affirm the sale TO the interfering party holding BY
In progressing with the surveys of confirmed titles
Florida in order TO deach them from The Of public
ing department thar State which may be classed under
heads; the first where the original Spanish
area others with great deficits, and repre-
senling and distances which find it imprsc-
In regard this class lions despatched from
this office, the 18th September last the
eral OF Florida, in which stated that wherever
onnd TO exist in the original Spanish surveys on
the e e. 10 % as
professional skill and sound Judgment Of the officers Of the
tae law Win such duties |" but at the same tne il was
directed that the surveying officers In such should not
only Ike personal examination ON the ground
e. but they should do with the whole record evidence
the confirmed TILE before them " and for their guidance
in the matter, it laid down general RUE, that
"wherever an original Spanish survey made part Of
ep,dence upon which report has been erected and
raton has oesn rsadd such survey must be retr.ced
accurately possible hon the original marks in the
field, precise locality extent, and limits ascertaned
and determined from the best proof that be Obtained
0I The Po os ss sna wnss % $ :es
survey must govern irrespective Of area as qsasfsfs al
the ofhe confmatoy OF Congress or final decree
declare otherwise and conne the confirmation by express
The oher class In which there embarrassment
formidable and requires the inierPoston OF Congress
consists Of cases IN which there Is such vaguenen and
uncertainty of descriptions that extremely difficult If
impossible, TO make location with any degree Of GER
renew the recommen aiion heretofore made that the
department be empowered by law summariy to locate all
peys IA legal divisions subdivisions, having due
gard and present Improvements, where they
the ocaiion within which TO sto cause, any why di-
ferent location should be made in default of which, orof
location 10 be blndog both upon the claimants and
the United States Such measure will enable the depart.
up Of this class which Otherwise would
remain unsettled and hanging IN suspense over the STATE
indefinite PERIOD operating alike detrimental 70 the
| public and 10 private interests.
BY the approved Angus, lst2 Congress IL view Of
ton and serIsment Of the pa Of the pcninsu Of
East Florida, by declaring that amy yPersoh being ths
head OF family, single over eghtren years o. age,
able bear arms. who had made, should within one
year from and after the passage Of this act make an sexual
be ened 10 one quarter secon Of land
dions and stipuatons IN which was required that the
settlers should permit and the amount subject TO
donation limited 10 2OOOO0 acres, &c.
By amendatory OF the f5h June, lsH, was de-
clared might their dwellings and reside
pon other han qiaer described IN their per
mi provided tho lands upon which they erected ther
habaion should be entered and paid for; and anihoriy
was given settlers perfect their tile 10 the
quarer described In their permits by paying for
tue same and by approved LIST July, ls4s all per
sons whom permits granted and who made settle
ment without having voluntarily renguished and nban
doned the same but continued reside south o the line
spec fed Ia the Of 1872, declared entitled TO
grant and patent the land occupied settled BY him,
the all the conditions and spulatons OF said
acts" &c, chad been fully and strictly complied with
This act also provided for agent TO take testimony
md required him. within ve months from the commence
men oi his duties transmit all proofs and report MS
opinion 10 the Commissioner for decision Accordingly,
Hugh Archer esq, OF Florida, was appointed agent on me
18th August ISts and three volumes were prepared fo
him nj this office exhibiting the numbers OF permits that
had been granted description OF the tracts claimed and me
claimants, with appropraic places fo an an
stract Of testimony and opinion OF agent 80,
His dnties which have been ably and faithiuly ois
charged commenced the 18TH October, lsfs, ana
terminated on the I2th March, 1879 By clause ia me
general appropriation act OF 81 June, l5 ihe pIov,s0ns %
Sf lie act OF Is July lst5 extended until the Isl oc
tobcr Isig and the 18th Of March last the agent was
ea pponied and has reported upon a me
! before him. ~ -..,..
Before entering upon his duties he gave notice. IN public
n,i. Flofda and hasdbilsoi the times and places
~ W. bich he won I'd attend for taking testimony and the
csn was that ory 352 settlers appeared before him for
the purpose Of Offering testimony as TO the validity othen
] claims.
The whole proceedings under the armed occupation act
/ and lis supplement may be summed upos foiowsi