The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1850-01-11


| ditonalIy confirmed, which may now or shall
hereafter be inlerfered with by any sale or other
adverse title, where shall be ascertained that the
interference occurred By reason of laches of con-
irmees, or their legal representatives, TO furnish
proper evidence to the local land Office of the pre-
else locality of such confirmed claim
In this class OF cases, however, where Congress,
by confirmation, may have recognized the right of
party TO the full extent OF his claim, it would be
1 proper to allow the confrmee an indemnity to the
amount OF Interference, other lands subject TO
private entry, confning the new location TO the
same land district in which the original claim may
be situated and In any case where a claim has
been heretofore affirmed. and proper notice of
locality gwen, but, through ina lvertence of the
local ofhce, an interfering sale exists 1t would be
proper TO give the option 10 the cOntirmee To take
the area on other lands, and, in that case, affirm
the sale TO the interfering party, holding by pur
| chase from the government.
la progressing with the surveys of confirmed
titles In Florida, in order to detach them from the
mass OF public lands, impedlments have been en-
countered in the surveying department IN that
state which may be classed under two heads: the
hrst where the original Spanish surveys found
to be grossly erroneous, some giving large ex-
sesses in area, others with great deficits, aud some
representing courses and distances, which we fad
il imprsctlcabe to follow and establish.
In regard to this class, instructions were dis
spatched from this office, on the 18th September
last, TO the surveyor general Of Florida, in which it
was stated THAT wherever errors found TO exist
in the original Spanish surveys on the gfouad,
their correction in resurveyng under the authority
OF the United States must necessarily be left to the
professional skill and sound Judgment of the Off
GERS OF the surveying department, who are specially
charged under the law with such duties - but, al
the same time, II was directed that the surveying
officers in such cases should not only SNAKE per-
sOnal examination on the ground to localities,
but they should do so with the whole record evil
dence OF the confirmed title before them )" and tor
their guidance in the matter, it was laid down a
general rule, that wherever original Spanish
survey Is made part Of the evidence upon which a
report has been erected and conirmedby Congress,
or upon which final decree of confirmation has
been rendered, such survey must be retraced as
accurately as possible from the original marks In
the fed or It's precise locality, extent and limits
ascertained and determined from the best proof
that can be obtained, either on the spot or else
where and when thus relraced and established by
United States, survey, the calls of such survey
must govern, irrespective of area, as quantity
always lelds to specific aud ascertained boun-
daries, unless the terms of the conhmatory act of
Congress or final decree declare otherwise, and
confne the confirmation by express terms to guam
uty."
The other class, in which there is embarrass-
ment, Is more formidable, and requires the inter-
position OF Congress 1t consists of cases in
which there Is such vagueness and uncertainty
OF description, that 1t ex remedy difficult It not
impossible, TO make a location with any degree of
certainty as 10 correctness.
The whole proceedings under the armed occu-
patton ACT, and ITS supplement, may be summed up
Number Of permits approved and .acres
Number approved and not Pc. -' w
Number approved and suspend. A''''-'
ed for want Of surveys and
Number perfected ......... s5S l29l42 81
Whole number issued ..... S2l 200 900 600
In consequence of many claimants having To-
Gated upon land reserved for military purposes,
upon confirmed private claims, aud upon Lands
previously disposed OF, management of this bust
ness mas been attended with much embarrassment,
involving a volumlnous correspondence with
claimants and officers in charge OF the investiga-
lions at the claims.
The attention Of Congress is invited to a class of
unsettled, uncoDfirmed claims in the village Of
Sanlt -. Mare. on the extreme northern frontier
OF Michigan and OF the Union, requiring legIsla.
non; and recommend that measures be di rect
ed by law IN order TO their adjustment upon libe-
raj basis, and with due regard to the re serva-
tons OF land which may b. necessary for public
uses.
The Chichasaw Indian csssiou, embracing por.
lions OF The states OF Mississippi and Alaba anna, was
Ceded 10 the United States by the treaties of 1882
and 1891 with thai tribe. Under the provisions Of
said treaties, the lands were TO be surveyed, aud
after The selection OF reservations for Indians, the
residue 10 be sold for the benefit of the tribe.
The surveys completed In ls.O and the
cestion found TO contain, acres. 6Tls $50
Ao~"-n M,issnsppi. ...'.... oZss W.
There have been selected for re-
ferystiops:-
For head. of families and Others. :. assure
tor orphans. 66s79
Total area Of reservations. ............ 242i 75s
Leaving subject to sal. Of public lands =. 4gDss2s
There have been cold Of pubic lands In the
csssion:-
At Choeta~ land ofHcs. previous to
the establishment of the boun-
At Pcp,otcc, In the ce.sion up to
50th Sept. 1919. ............. qs0,7s6
Total sales CT public lands. ........... 3ess ol0
I..x,,a ,,.o,, a. 400
Le"'ips unSoiu. $500 ............. SVi ess
OF the lands reserved for Chickasaw orphans
there have been sold by the land officers al Ponto
toe 30 OOo acres The residue, with the exception
at about 500 acres, has been sold by the reserves
themselves, uader the provisions vt the sih article
treaty 1854
All the rubhc lands in the cesslon have been
brought into the mar ke % the section reserved
Tor the at the district land office; and under the
OPERATION OF the graduation system, the unsold
lands are now subject To an entry ~ I2J cents per
acre. with the exception OF about 200 offered
In August, 1878, now subjec to entry at 81 per acre
] here have been issued for public lands Ia
Patents and for Indian reservations. see. 1900
fatents, In all. ................... 2s3oo
AL recorded here in substantial volumes. These
patents embrace the sales up to the end OF 1873,
und nearly all the reservations. To enable the In-
dian Office Ia furnish the Chcasaws from time TO
time with proper information in regard TO sales,
Ne, III compliance with treaty stipulitions, semi
annual reports have been regularly made TO that
Office, with statement OF the sales up the differ
eni pt RODS.
The great decrease Of business at the land Office
ia the cession consequs at upon the dimiaution of
the tales requires that, in justice the Indians,
th.re should BE- corresponding reduction Of the
expense incurred IN the disposal OF their ads
IL u pro'drd 10 the treaty OF 1884, (sup art. ~,
"wheneyer the President shall 5e OF opinon thai
the services Of any officer employed under tins
treaty for the sale of lands eau be dispensed WITH
he wall, III justice to the Chickasaws, and 10 save
the IN ffom unnecessary expenses, discontinue the
whole. or such can be dispensed with"
Under this provision all the officers connected
with the sales IN the cession have been discern
tinued, except the register and receiver, whose
compensation Is fixed by treaty (lS52. art - at
loo per annum each. Those officers must
therefore continue To conduct the business as at
present, until the Chckasaws finding the expenses
greater tnnn receipts" "msy declare the residue
OF their lands abandoned 10 the United States"