The New York herald., 1851-12-03

II
not be just and proper to make provision, in sup
elemental law, for securing to actual settlers by
pre-emption or otherwise, their improvements, in
the smallest legal subdivisions that will embrace
them in al cases where, at the passage of the act
Of Sd March, 1851 for the adjustment Of California
land claims, they we're bona e settlers, on alledged
grants from the former governments, allowing, at
the same time, to the claimants under such grants,
measure may be regarded az being analogous to
the principle recognized in the llth section Of the
act Of Congress Of the 26th Of May, 1924 for the
adjudication of claims BY the courts which act was
act Of Congress of the 18th of June, 1874.
preliminary and most important step In the
extension of land system over California, is to
secure the final sdjustment and atter wards me me
land claims derived from the former sovereignties
TO 1 This end Congress. passed the act approved
settle the private land claims in California" Pur
suant to that act, three commissioners have been
appointed, Is You are aware, ~ the President, who
has ordered that the first session Of the Board shall
be held at San Francisco, in California, on the sth
December, 1851. Instructions, which have received
your sanction have been prepared, dra wing the at
tention Of the Board to the material subjects con-
it is believed would aid and facilitate their opera
tions. AS 1t is understood that no Spanish or
Mexican plats Of survey are extant, for lands in
California, no actual survey, so far as is known to
regnty over the country of either Spain Mexico,
it became important to devise some measures
whereby the Board of Commissioners and the courts
would be enabled to ascertain, with precision, the
particular parcels of lands claimed, and such as
were the subject of conflicting titles.
This object could only be properly effected by re
curing initiatory surveys to be made; and the
Board of Commissioners have been directed to re-
quire eaimants, in all eases, to file duly authent
Gated plat Of survey, exhibiting the tract claimed
and showing the nature and extent of interference.
Suoh surveys required to be executed at the ex
pense Of the parties, also in accordance with the or.
ders of the board and under the superintsndence o.
the United States Surveyor General for that State;
by whom the surveys, and any interference which
may exist, are required to be examined and certi-
hed The Surveyor General has, also, been in
structed to COZ operate with the commissioners, ia
this particular and the result Of the cannot
fail to be Of signal advantage not only to individual
claimants, but to the public at large. The effect
will be remove, at early PERIOD all doubt as
the particular parcels Of land claimed, by making
their locations, in the outset specific and certain;
thereby avoiding conflict hereafter, and embarrass-
the public interest will be that, instead Of holding
the public domain in suspense, frst in the surveys,
and then in the disposal of them in order to prevent
collision of title in future locations the public lands
will be, at once, and effectually released from
embarrassment in this particular, as if the claims
had gone through the process Of adjudication by
the board, and finally by the courts.
The archives of the former governments of Cali
ornia have been delivered over to the Surveyor
General Of the United States, and this Office has
sanctioned proposition frsm that officer to employ
competent person to arrange, classify, and index
examination of titles. 1t has also been directed,
pursuant to the Surveyor Generals suggestion,
that, for their security, the archives shall be kept
in'tin boxes or trunks, properly labelled, number
According to instructions, the Surveyor General
has determined the point of intersection Of base
and meridian line on the summit Of Monte Diablo,
r. - ii.
tatory point Of operations he was actively engaged
in extending the meridian to the north and south
of it, and establishing the base. These, it is ex
pected, will be completed before the beginning Of
the wet season. during which the surveying opera
tions will, inevitably be retarded. The extension
of the standard parallels will follow The foregoing
operations will regulate the projection Of the town
ship surveys throughout the central portion Of the
State, under further appropriations by Law, and
for which estimates are herewith submitted. To
regulate the surveys of the lands drained by the
Colorado, and those on the southern coast Of the
State, another base line and meridian have been
prepared by the Surveyor General, with their inter
section at Los Angeles, and this has been approved
by the Department. For the northern surveys, it
Is probable, a separate base and neridan will also
be found indispensable. From these several main
inei the township surveys will be projected, to en-
brace the agricultural portions of the State. The
prelminariee thus arranged will admit of the ST
ranted by future operations, for the rapid progre'
and completion Of the surveys. In this con
nection, / beg leave to refer TO the accom-
panying letter from the Surveyor General, dated
liar difcultes attending the execution Of the pub
lie surveys, unknown in the Eastern States, BY rea
of the extreme roughness OF the country beyont
the plains, where it is broken up by steep hills and
mountains, the division of the year inte the wet
and dry seasons, want Of water, and frequent alb.
senee Of timber suitable for corner boundaries; all
tending to increase the labor, and add to the cost
of the work. His remarks respects the survey OF
xhn lam ad und hat haaA !.
ana invite attention to his suggestions as to the
propriety Of departing from the square system OF
surveying, in respect to the agr sultura lands stu
of the and that they should be laid
out into suitable lots, wherein the essential advan
tages Of wood and water would be equally dis
tributed.
THE MINERAL LANDS.
In regard to the mineral lands In California, ad.
here to the views expressed In my last annual report
as to the mode proper TO be pursued In the evenfu
disposal Of them.
The full development, however, Their character,
end determination ofther extent order to their due
separation from the agricultural lands, with the vie
to their final disposal, have, so far, proved sourcs
and circumstances. labor and capital have thus far,
developed everything yet remains to be done In the
way OF rigid observation and elaborate experiment
before the arrival Of the period when the mineral
standngly detached from the great body Of the pub
lie land, so as to admit Of applying TO them any
specific provisions Of Law to regulate their survey
and subsequeu, disposal vi the present time
no satisfactory estimate has beef isrmra .9f The
time and expenditure Of money requfsits for a.
complishi1g those ends. In consideration Of all the
existing uncertainty attending the mineral lands,
suggest that Congress defer definite action In regard
to them, but suffer the public surveys meanwhile to
progress regularly, even a. the hazard ofinterferng
with the mineral bearing regions to some unavoid-
able extent, but that the surveyors shall exclude
them as far u possible; and whore this cannot be
done, to require them to note all mineral indisa-
SO as 10 admit Of exhibiting the same oo the official
plates OF survey, and which may serve to guide
such scientific explanations on such localities as
may hereafter be ordered. By this procedure II is
thought the public surveys may progress without
any essential interruption from the mineral lands,
and at the same time exclude the great bodies sf
them; and, while the surveys are advancing, some
course Of proceeding may be matured for deter
mining the mineral lands. their specific character,