The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1852-12-07

and the approaching public sale, too brief
to reach them BY the ordinary mode In fAet,
every mean. within n, the Dowe, Of this Office have been
this mertorious class OF our ctsens notwithstanding
which many Of great hardship have occurred in
consequence of Of the restrictions In the sot Of lS41
which plain and positive to leave this ONCE
discretion One Of thses Is the provision limiting the
were surveyed prior to such settlement This re.totion
should be abolished and settlements encouraged on all
lands to which the Indian title has been extingushed
Another of these provisions is that pre- empon rights
shall not attach any sections OF land to the
United States alternate to other sections granted to any
or other public improvement This inhibition should
also be removed and pre- symptoms granted to al such
lands. at the increased minimum.
These extensions OF the pre- empton privilege would
be than Justice to the enterprsng citizens,
through whose energy toll and Prvations the chief
the country enriched and the fruitful valleys Of the
West opened up to the settlement Of the millions who
occupy that favored region.
invite the attention Of Congress to the rscommsnda-
ons heretofore made for the revival Of the @ Of the Sd
August ls4S, proviiing for the adjustment Of all
Territores and for the extension of the provisions Of
that act and those Of Sd March, 1873 and Gath May
1925 or the correction OF in making entries Of
land to all where tbs locations have been may
be made with bounty land warrants or other scrip.
The revival and extension Of these laws will afford
lief to many meritorous where innocent persons
have been led into by circumstances beyond their
rspondencs to this office by the final disposition Of such
cases.
Every principle justice requires that the same facility
and indulgence should be extended to those who locate
land with warrants script to those who purchase
for cash Cases great hardship have arisen where bona
de settlers have endeavored to their homeseads
by warrants, and who, having been inhaled in the de
seripion Of the tract, have located their warrants
upon lands that we're oompat.tiyey vsusess to them
location for want Of the means Of securing them
By the treaty Of 1882 the Chictasaws coded to the
United States their lands In Mississippi Alabama
containing, according to actual survey 6S q 100
and to the treaties Of 1882 and 1884 with
vdua Indian and by public and private sale
the greater portion Of the whole cesson leaving in fact
but little over acres now undisposed Of These
pnsed lands under the principle in the treaty
1894 are now liable to sale at twelve and half cents
an acre except GO acres known the Land 0fce
ton ct Pontotoc the sale Of when fpecishy Pr0Y2ee
for In the supplement to the treaty Of 1882.
By the eleventh article Of the treaty Of 1884 IL Is pro-
vded that should the expenses OF these lands prove
greater than the receipts the Chckasaws may declare
the residue Of them abandoned to the United States
This Office from time to time, has reduced the expenses
of the land system in the ceon by dispensing with the
services Of such officers had brought the branches of
business entrusted them to close In order however
to conduct the Gales in the cession pursuant to treaty
spulstons it has necessary continue the regis
ter and receiver at salary Of 81 200 EACH authorized
in the treaty.
If steps should be taken at an early day in the way
Of finally treating with the Indians respecting the residue
OF their lands rscommsnd the passage of author
iang tne Executive to attach these lands to contigu
Gus district and to sell them free Of expense to the In
dams In this way they would be relieved at from
the annual expenses incident to the employment Of
register and receiver at the salary specified in the trea-
IT, and the Land Office section could be sold to the best
advantage not only beneficial to the Indians
but doubtless desirable to the town Of Pontotoc to which
Under other treaties with various tribes Of Indians
individual reservations have been allowed from very
early period in the operations Of our government.
by the treaties Of 1882 with the Creeks large number
Of reserves granted and sale of them authorized
and in 1883 Congress passed an act making 1t obligatory
purchasers from the Indians whose contracts had been
approved by the President but also to recognize In the
issuing Of patents any intermediate assignments when
found satisfactory from the first purchaser to the last
clament.
By the treaty Of 1880 with the Choctaws nume-
rous reservations allowed and patents required
to be Issued to the under the fourteenth article
and to purchasers from the Indians under the nineteenth
article and suppemeot to that treaty These and other
kindred treaty operations have devolved immense
amount Of business upon this Office but such has been
the progress made in it, that prepared to issue
patents demand In any uncontested where the
proceedings are found regular.
By the act Of Congress approved 9th January 1851,
to certain and fetlers on the Msson Rouge
grant IN the event of the final adjudication Of the title
in favor Of the United Ststes.n
The Maison Rouge title in petory action, came be-
fore the Supreme Court OF the United States in 1S4 In
the case Of the United States King and Coke, and
again in lS9, and decisions then rendered against
1t, but there nothing in those decisions that
ranted the Executive in proceeding to dispose Of the
lands as public property In the absence OF express drec
In 1860 however it again came before that Court, in
ae Of Congress res May ana
and under those laws decree was rendered by that
con Of hs sd Eek IN se
of final decision against claim that 1.-The land
shall forthwith be held and taken part OF the public
lands Of the United States, subject sc.
In view Of this provision Of law, this officer was Of
opinion that the contingency contemplated by the said
act Of 9th January 1851 had occurred aud accordingly
my predecessor the Sth March 1851 despatched in
sructons to the proper land officers to give effect to the
said act Of 9th January. 1851.
Since then the attention Of the department has been
drawn to the fact that there another suit pending
der the acts Of 1924 and 1884, before the Supreme Court
berg the Of Coke and others against the United
States in which the claim also rests the Mason Rouge
title and the ground has been taken that there pro
piiety in acting under said act 9th January 1851
until this last mentioned shall have been decided
the appeal.
shown that this office has taken different view 81 the
matter, and declined compliance with application for
suspension of the notices under the act of 9th January
seventh section of the act of Goth May 1924 the decree
Of the Supreme Court in the Of Turner and the
quirement Of the said act OF 9th January, 1861.
AS the notices contemplated by the act Of the 27th of
January 1851 will not however, be given until the off,
cal returns shall have bsen made of the public
within the exterior lines Of said claim, some time will
yet eapse before final action will be had In the way
Of dispopg of the lands within the limit. of rad claim
1t lie recommended that general law, similar in princi
pie to the passed in the Mason Rouge case be
ed SO as to relieve such settlers may be In like sua
ton other claims yet the courts and in which
final decisions may be rend cred against the Spanish
French title.
On the Sd Of March. 1851 an act was approved for
within the limits OF the Baron De Bastrop grant, and
for allowing prescriptions certain actual settlers in
the event Of the final adjudication OF the title Of the said
De Bastrop in favor OF the United States The Supreme
Count Of the United States having rendered decision
against the validity of the De Batrop title which covered
over million Of arpens this Office pursuant to the
qurements Of the said act Of the Sd of March 1851 Is
sued the necessary instructions in order that report
might be made by the land officers the several classes
Of claims under DE Bastrop.
That report has been received and pursuant to the
third section Of the act will be laid before Congress at
early day OF the ensuing session.
Pursuant TO the act Of Congress- approved Sd March,
1851 for acertaniDg snd settling the private land claims
in California the land commissioners who had been APP
pointed to perform the duties prescribed BY that law at
cted organization in the early part the present year.
and held the first session at San Francsco and since thep
accordr to advcs dated in August last they pre-
pairing hold session in that month at Los Angeles pur
suart to the order of the President They mad further
heen directed to hold session the 10th November at Santa
Barbara and the 16 February 1858 at Monterrey but
upon their Of 10th August last the order
for the sessions at santa Barbara aud Monterey
voked and another session at San Francisco directed
20 take place on the 10th November. instead. The