The daily union. [volume] (Washington [D.C.]) 1845-1857, 1852-12-17

latter where the original patents, or certified copies oil
them, cannot be had.
la the division having charge OF pre- empnons, school
and seminary selections the cases frequently
involving difficult and complicated Questions are promptly
disposed Of
Immediately on the passage Of the acts oil 27h May and
I'd August. lS52ihe former granting prescriptions 10 eer
tain settlers the Menomonee purchase north OF FOX
ryer and the latter 10 protect actual settlers upon the
land the line OF the Central railroad and branches by
granting pre-empon rights observation-disclosures, IN ae-
cordance with the provisions OF those laws, pre-
pared and Transmitted to the respective land officers where
the reserved lands ordered into market that all per.
contemplated by the latter law might have an oppor-
tuny Of ayaing themselves of It's benefits: Those in
sructons sent by telegraph 10 those oicers where
the time intervening between the passage Of The law and
the approaching public sale was too briet 10 reach Them
by the ordinary mode
In fact every means within the power OF this office
have been applied to carry out the liberal views OF Con-
gress towards this merlorous class OF citizens not
withslanding which, many OF great hardship have
occurred consequence OF some OF the restrictions ~
the act OF l64l, which plan and positive as TO
leave this office discretion One OF these is The pro-
vision limiting The pre-empton privilege 10 those who
settle upon lands which were surveyed prior 10 such set
ement This restriction should be abolished and settle
en,s encouraged on all lands 10 which the Indian nie
has been extnguished Another OF these provisions 49,
that pc-emplon rights shall not attach 10 any sectons
Of land reserved to the United States alternate 10 other
sections granted TO any OF the States Tor the construction
OF any canal, railroad, other public Improvement
This inhibition should also be removed, and pe-emp-
tons granted TO all such lands at the increased minimum
These proposed extensions OF the pre-emptlon privl
ege would be no than justice 10 the enerprising
citizens through whose energy, to and prlvaons the
chief value has been given 10 the puoic doman the
treasury OF the country enriched and the fruitful valleys
OF the West opened up to the settlement OF the millions
who now occupy that favored region.
| invite the attention OF Congress TO the recommenda
tons heretofore made for The revival OF the act oil ad
August 1916, providing for the adjustment OF all sus
peHded pre- -empon land claims in the several States and
Territories and for the OF the provisions oil
that act and those OF Sd March, 1872 and oath May,
1898, for The correction OF errors in making enres OF
land, :, TO all where the locations have been OF
may be made with bounty-land warrants other scrip
The revival and extension of these laws will afford
relief 10 many menorious cases, where innocent persons
have been led into by circumstances beyond their
control, and will remove OF much labor and cor
respondence this office by the final disposition OF such
Every principle OF justice requires that The same
facility and indulgence should be extended TO those who
locate land with warrants scrip as 10 hose VINO ur'
chase for cash
Cases of great hardship have arisen where bona fde
settlers have endeavored their homesteads by
warrants and who, having been mised in the descrp
ton oil the tract, have located their warrants upon lands
that comparatively vaueless 10 them leaving Their
Improvements subject 10 sale or location ior want
OF the means oil securing them.
BY the treaty OF 1882 the ChickasawS ceded to the Uni
ted States their lands in Mississippi and Alabama, con-
tanning, according TO actual safvey o7le3so @'-loo
acres and pursuant the treaties OF 1882 and 1884 with
that tribe there has been disposed a by granting ndivld
ua Indian reserves, and by public and private sae the
greater portion OF the whole cesslon, leaving, IN iacl
but te 200 900 acres now undlsposed Of These
unsod lands under the graduation principle IN the treaty
OF 1884 liable 10 sale at l2s cents an acre, ex
cep, Gao acres known the Land Office" section al
Pontotoc the sale OF which IS specially provided o IN
the supplement 10 the treaty oil 1882.
By the eleventh article OF the treaty OF 1884 IT pro-
vded, that should the expenses OF these lands prove
greater than the receipts the Chckasaws may declare
the residue OF Them abandoned 10 the United Stales
This Office from time me has reduced the expenses
OF the land system IN the cesson by dispensing win the
services OF such officers had brought the branches o
bu sinP
TO conduct the sales in The cesson pursuant 10 treaty
stpulaons, II has been necessary To continue the regis
ter and receiver salary OF 81 400 each as authorized
the treaty II steps should be taken al an early
day in the way OF finally treating with the Indians res
pectng the residue OF their lands recommend The pas
sage OF law authorizing the Executive TO attach these
lands contiguous district, and TO sell them, free OF
expense TO the Indians In this way they would be re-
eved from the annual expenses now incident 10 The em-
poyment OF register and receiver al the salary sPeched
the treaty, aud the "Land once section could De sold
TO the best advantage-a measure not ooy beneficial 10
the Indians but doubtless desirable 10 the Town oil Pono
toe, 10 which IL is adjacent
divdua reservations have been allowed IRON very
early period in the operations in our government
BY treaties OF 1882 with the Greeks large number
OF granted, and sale oi them authorzed
and in 1885, Congress passed act making II obligatory
upon the Executive not only 10 issue patents 10 lhe fT
purchasers from the Indians, whose contracts had been
approved by the President but also 10 recognise IN The
issuing OF patents any intermediate assignments, when
found satisfactory, from The hst purchaser 70 ihe as
claimant. ...
By the treaty OF 1880 with the Choctaws, numerous
reservations were allowed, and patents required to be
issued to the reserves under the 4h article and 10 pur
chasers from the Indians under The 10Th article and sup
pleneni TO that treaty These and other kindred treaty
operations have deyoved immense amount OF business
upon This Office but such has been The progress MADE IN
il that we prepatej to issue patents on demand, IN
any unconiested case where the proceedings are ouna
regular
By the act OF Congress approved 27lh January, 1884,
Congress authorized grant OF "the right OF pTe-enp-
ton to certain purchasers and settlers on the Mason
Rouge grant, in the OF the final adjudication oi the
title 10 favor OF the United States"
The Maison Rouge title. in pejtory action, came be-
fore the Supreme Court OF the United States IN ls45 m
the case OF the United States Us. King and Coke. and
again in iS4e and decisions then rendered against
IL but there was nothing in those decisions that war
sned the Executive in proceeding to dispose oil The lands
as public property in the absence OF express directions
from Congress 10 1880 however, ii again came before
that court in the Of the United States ps Turner a
al under the OF Congress approved 26th Nay lS2i
and I7lh June 1874 and under those laws decree was
rendered by that tribunal against the validity OF the tile
The seventh section OF the said act oil goth May 1924,
declares in the case OF final decision against calm
that the land shall forthwith be held and taken as part
OF the public lands OF the United States subject" &c.
In view OF this provision OF law this oihce was OF
opinion that the contingency contemplated by me SAID act
OF 27h January 1885, had occurred, and accordingly my
predecessor. the sh March 1851 despatched lnsunc
tons to the proper land officers to give effect to the said
act of 9Th January, 1851.
Since then the aiteation OF the department has been
drawn 10 The fact that there another suit pending under
the acts Of 1924 and s44 before the supreme Court be-
ing the case OF Coke and others against the United States
in which the claim also rests The Mason Rouge utle
and the ground has been taken that there is proprcy
in acting under said OF 27ih January, 1851, until this
las. mentioned shall have been decided on The ap-
peal. ,