The republic. [volume] (Washington [D.C.]) 1849-1853, 1850-12-09
usls in cases which have been sanctioned or con


firmed.
Hence. wherever the ancient land marks can be
identified, they traced out and the old measure
mcnts or localities are ascertained and re-cstab-
lished, and in their original irregular forms, art
incorporated into the United States surveys In such
manner as to show their various locations, limits
and precise positions on our township piats, IN
conncxion with the contiguous public surveys.
The want of a system in the Governments that
preceded US, by which the granting power could
determine, in advance, whether their concession
would conflict with their previous grants, has led
to numerous conflicts of title; and although the
terms of the original grants generally stipulated
that they weie made the condition that they
should not prejudice the rights OF others, yet those
stipulations have not relieved us from the difficult
ties and labor inseparable from the ad ustmcnt OF
conflicting limits.
To this branch of the service is assigned the duty
of seeing that all such conflicts properly deter
mined 50 far exec utive action s concerned.
The settling of ssch cases ~ an indispcnsab bic
preliminary TO the Issuing OF new grants, or tit!cs
Tor confirmed claims, in accordance with the lava
ol oui own Government; and IN the preparation ol
patents there is necessarily brought IN review the
whole previous history OF each claim, iroin its in
ception to its confirmation and survey, and reel
tai reference to all the material points in it's his
tory Is made IN such patents.
These embrace Claims of all denominations and
extent, from town lots, often of great value, and
frequently in conflict with each other to claims of
immense area, in the "FoRBEs PURCHASE in
Florida, known as the case OF Colin Mitchell and
others the United States, the record Of which
alone, submitted to the Supreme Court, covers
printed volume OF seven hundred and thirty six
pages.
Cases have arisen, and may hereafter occur, in
regard 10 confirmed settlement rights, and claims
founded on ancient written tlc in which il is
times difficult, If mot impossible, for the United
States surveyors to determine with certainty, in the
field, the place OF the original Improvement, or OF
actual grant.
therefore renew, in relation to this class of cases,
the recommendation in previous reports, that power
hy law he conferred on the Department to locate
any such claims by sectional limits, or according to
the lines of the public surveys giving the claimant
right to review, and modification of location If
application and a proper showing be made with
n one year after the official designation OF the land
and providing further, that such designation shall
be final if application T revision be not made
within the period stipulated
deem it my duty again respectfully to invite the
attention OF Congress to the condition of certain
private land titles, particularly referred TO IN the
last annual communication from this Office, In
which suits had been instituted against the United
States to obtain confirmation under the act of Con
gress, approved 18th June 1914, DEGREES of CON
lrnation obtained IN the court below, an appeal
prayed to the Supreme Court OF the United States
and there dismissed on the ground that the appeal
had not been taken in the manner and within the
period required by law.
Ii has therefore been contended that in virtue OF
this last proceeding, the decree of the court below
became final, and the combinations consequently
absolute.
AS it obviously the intention Of Congress, by
extended by the said act of 18th June, 1874, that
cases of the magnitude Of those alluded to should
be determined by the highest judicial tribunal upon
their merits, the subject is now brought TO the no
ce OF Congress for consideration, and for such pro-
ceedings in the way Of Legislation as their wisdom
may suggest.
Among the most important matters that will
doubtless engage the at enon of Congress, in con-
nexion with the extension of the land system over
our newly acquired territory, viii be that Of max
ing provision by law for the prompt adjudication,
settlement, and separation from the public land OF
all valid foreign tites, which should be respected
and recognised under treaty.
The fret requiring attention those in Oregon
and California. In the former, the claims, it is
presumed comparatively limited in number,
which within the purviow Of the treaty Of 5th
! August 1916, between the United States and Great
Britain, and the rights which Government by
treaty has agreed to respect, may, II is suggested,
be dscnminated aud settled by the joint action
and CO. cooperation of the surveyor general and the
register and receiver, acting as Board of Com
missioners, whoso jurisdiction should extend 10 all
cnscs contemplated by the treaty, except such as
may have been provided for by the Of Congress,
approved 9th September 1850, 81 create the Office
Of surveyor general Of the public lanes in Orc
gon, and 10 provide for the survey, and 10 make
donations To settlers The decision of those officers
should bc subject 20 the final determination Of the
appellate authority, hereinafter suggested re-
spceting the adjudication of claims in the state Of
California.
Ia that State the claims arc much more numcr.
Gus, and are OF avery different character from those
in Oregon, being generally OF larger arca-some
/ indeed Ol an immense cKtcnt-and resting upon
inccptve and other ttlos, in various stages Of ma
/ turity, ne derived from the Governments Ot Old
Spain and Mexico, and great portion OF which
arc probably unaided by any actual survey under
the governments from which they were derived
To settle these claims, il is recommended that lc-
gislation be bad analogous 10 plan presented in
bll introduced into the Senate at hC last session,
which looked 10 the appointment ol "A Board OF
Commissioners, with power 10 visit dif, r,ut places
IL, g
and 20 take testimony Of all the facts relating 10
the validity or invalidity OF the respective claims
and 10 report the same, with their opinion, 10 the
/ Department, subject 10 the revision OF "A tribunal
consisting Of the Secretary ofth Interior, Attorney
General, aud Commissiuncr Ol the General Land Ol-
icc who shall have power ~ render final dcCrccs OF
continuation az against the United Siatcs and To be
followed by United STATES survey and patent.
They should also have power 10 reject all claims
which, IN their opinion, arc not valid under the
| treaty; but, in case Of any such rcJcauOn, thc
claimants should have the right 90 appeal from
such decision, and bring tho casc, by petition, ana
| Transcript Of all the evidence and proceedings,
before the district circuit court oi the United
States Tor the proper district IN CaIornia, VINO
,ball thcrcup0n enter up decree or decision
ftOm which un appeal may b. taken by either par
/ ty TO the Supreme Court Of the Unitcd States,
whose decision thereon shall be final and cync!u-
| sivc.
In the event Of confirmation Of a claim by such
court, survey to be made aud n patent 10 issue
as in other cases; but when thc decision shall be
against the caim the lands fpsO tncO 90 be treated
as public lands Of the United States, aud disposed
OF accordingly BY the adoption Of such a inca
sure II is believed that the ends 0f justcc will be
subseryed, the whole matter will be brought 10 a
final decision and adjustment within reasonable
period, and all claims that valid, and should
bo respected, will be recognized, and separated
from the public lands. which can thcu be disposed
Of without danger of conflict with the bona fde in
tercsts of private individuals
BY different treaties negotiated with Indian irib,s,
reaching back TO the early times OF tie Republic,
and extending up TO late period, the United States
have recognised numerous elaine to individual In
dian reservations. These may be ranged into scv-
cral classcs--a few usulruCtuary; others, and o
very large class. in which the Government has
agreed 20 confer the fsc simple, sometimes stlpulat.
ing that the sale she'll not be made without the
sanction Of the President Of Che United Statcf and
others without such condition. lu some of those
closses il is required ua patents shall issue direct
20 the rescrvee ~ in the PJttawataIuic, Miami, and
Chckasaw treaties; others, under the 18th arti-
Gle Of the Choctaw treaty Of 1880, 81 issue 90 tho
first purchaser from the Indian, upon the prosenta-
ton Of deeds approved by the President
Thcreis alec class Of between six and seven
thousand in which immense labor has been re
qured o this branch Of the service pursuant 20 the
treaty Of 1892 with the Creek Nation, aud the act