The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-01-04


The surveys in Indiana, Illinois, Arkansas, Mis-
\ sssippi. and Alabama, have also been completed
and measures have been taken TO have the survey
ing archives In those States transferred to the pro
per authorities provided by the said act Of 18th
| June, 1S40, whenever provision has been made by
| those States to receive them. In Mississippi thai
provision has been made, and the transfer duly eff
fected. In the other States 1t is presumed that
| similar provision will be made.
| In the report of the surveyor general Of Arkan
sas, herewith submitted, il is stated that many OF
| the old surveys were not made reported, but
were fraudulent, enormously made; and that Of
| fcer therefore recommends, in such cases, a re-
| tracing OF lines, resurvey No estimate for
this purpose has been submitted, for the that
it was obviously the wish of Congress that these of
| fees should be closed speedily possible, and
that the authority to order any surveys or resurveys
thereafter found necessary should be devolved upon
| this Office. The facts are now submitted for such
legislation as Congress may deem necessary, in the
way Of clothing this Office with power toact further
in the premises, whenever satisfied that resurveys
are necessary.
The object of this office has been to press forward
the surveys of the public lands rapidly possi-
bic, so as to keep pace with the settlement of the
country and thus accommodate the settlers and at
| the same time TO bring into market lands that
would command ready sale. :
In the career of conquest and colonization upon
this continent, it was the policy of tha governments
that preceded in order to extend and siren CITIZEN
their political power, TO make grants of land which
were diversified and irregular in form and area,
small farm tracts, up to the immense extent of a
million and half Of arpens.
| When we acquired the elder portions Of our ter
| ritory, they were encountered with these claims,
| found to be of greater less dignity-some con-
sistng of complete titles, others resting upon the
first element of written title, and in more ad-
vanced stages of transition towards consummated
or perfect grants. Besides claims of this denoni-
nation, actual settlers, at the change of govern
| ment were found in possession with only the sane
ton of authority color Of right which their pos
| session and antiquity of settlementimplied.
No principle is held more sacred by civilized ma
tions, none more obviously Just and proper, than
the invioabifity of private property upon the
change of government; and not only in obedience
to that principle but to the express requirements Of
treaty obligations, ii became our duty to take mea
sures for separating the blended mass of public
| and private property, in order to ascertain what
we had right to dispose of as public lands, and at
the same time duly to secure to bona fde propre
tors the land covered by that class of titles which
bear the general designation of "private land
Claims" found in the States of Indiana, Illinois,
Michigan, Iowa, Missouri, Arkansas, Mississippi,
Louisiana, and Florida.
As far back the year 1903, and from that time
up to the year 1874, Congress has passed general
laws for the adjudication and settlement of private
titles, besides legisatng on numerous special
by acts extending up to the close of the last
Congress.
The last general law on the subject was the act
of Congress approved 18th June, lS44, which
opened the courts for the examination of titles
| States.
| Under this law, about one hundred and sixty
suits have been instituted, by the fling of petitions
in the district courts of the United States, for the
confirmation of French, Spanish and British titles
to tracts of land, varying in size from FIVE hundred
| to million Of acres. number of the most inn
portant of those suits are now pending before the
Supreme Court, on appeals taken from the deci-
| sions of the courts below.
| final decision of these cases will remove a Sc
rious impediment TO the settlement and prosperity
of the States in which these disputed claims
uated. Instead Of hanging in suspense as they now
| do, many Of them vast bodies Of land, they
will either be affirmed TO the petitioners, and in that
manner pass into the hands Of private individuals
with security Of title, they will be rejected and
at once fall into the mass of public lands, and be
sold accordingly.
i Under the Aforesaid act of 18th June 1874, re-
viving and extending the act Of 26th May, ls24, in
reference 10 the adjudication oftites BY the courts
an appeal prayed for by the United States dis
trict attorney, from the decision Of the court be-
low, in the case Of Curry and Garland, involving
title, according 10 the alleged Spanish survey, oi
10000 arpens' but IN a survey made at the instance
Of the parties, in lS4l, represented 10 contain over
AZ 900 acres; and upon the being brought be-
fore the Supreme Court, at the January term in
ls4s, 10Th Howard, page 1867 the appeal was dis
missed the ground that II had not been presented
in the manner directed, and within the time limited
| by the acts Of Congress.
Appeals in four other cases have also been dis
missed, on similar grounds-one of them involving
title 10 large quantity Of land.
As these suits were instituted under special law
giving right Of appeal TO either party, I consider
i my duty 10 draw attention 10 the matter so that
If deemed proper, Congress may legislate in the
premises. As the value OF property becomes en-
hanced by the progress Of settlement, and the con-
slant and rapid growth Of our country, old slum-
bering claims are liable. IL we may Judge from the
past 70 be called up, and Congress appealed TO for
As general rule, IL IL suggested that in any case
entitled 70 equitable consideration, in which Con-
gress may be disposed 10 recognise claim or make
| an award their confirmation be c1ven with a pro-
viso not interfere at ne time Of surusv with any
pre-existng sale by the United States, or with any
claim which may have been previously located
principle like this, II fully established and ad-
hered 20 in future egisstion would 20 far % pre-
vent conflict and harassing, vexatious litigation,
and would much facilitate operations in admins
tering this branch Of the public service.
Indeed, would invite The attention Of Congress
70 the propriety OF further legislation 90 as 20 er
tend this principle 10 any claim heretofore uncon.
ditionally confirmed, which may now OF shall
hereafter be interfered with by any sale or other
adverse title, where Il shall be ascertained that the
interference occurred by Of lacbcs Of conr-
mees, their legal representatives TO furnish pro.
per evidence 20 the local land Office Of the precise
locality Of such confirmed claim.
In this class Of cases. however, where Congress,
| by confirmation, may have recognised the right Of
party 10 the full extent Of bis claim, il would be
proper 10 allow the confrmee indemnity, 10 the
amount Of interference, other lands subject 10
| private chfys Connning tnc new location 20 the
same land district in which the original claim may
| be situated; and In any casc where claim has
been heretofore confirmed and proper notice Of 10
caliiy given, but, through inadvcrence Of the local
office, an interfering sale exists, IL would BE- proper
70 give the option 70 the confrmee 70 take the area
other lands, and in that case, affirm the sale to
the interfering party, holding by purchase from
| the Government
In progressing with the surveys Of confirmed titles
| in Florida, in order 70 detach them from the mass
Of public lands, mpcdiments have been encoun.
tered in nthesurveying department. in that tate which
may be classcd under two heads. the first where
/ the original Spanish surveys found 20 be gross
| y erroneous, some giving large excesscs in area .
others with great deficits, and some representing
courses and distances which we End IL impractica.
bic 10 follow and establish.
In regard TO this class, instructions were de-
| spatched from this Office, on the 10th September
last, 70 the surveyor general Of Florida in which
II wac stated that wherever errors are found 10
exist in the original Spanish surveys on the ground
their correction in resurveying under the authority
oil the United states must necessarily be eft 20 the
professional skill and sound Judgment Of the off,
GERS OF the surveying department, who are spe-
cially charged under the law with such duties -