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

The duties of the private land claim branch of the
vice are now extremely intricate and onerous. BY
son OF the enhanced value OF property generally through
out Inc country coneng interests arise and perplexlng
questions OF law and OF fact constantly coming before
The department Tor examination and decision, often
yolvng interests 10 an lnlmense amount And when
such pogress shall have been made by the tribunals
sltued for the adjudication OF private land titles n Cali
fonia as will bring Them before The General Land Office,
for lis examination and dehnltlVs action IN the way ol is
suing United States patents iof the labors and
responsibilities will be seriously increased IN Tins branch
| OF The service, sEf MA p5G 4 tr faea 4
The attention OF Congress is called 10 the recommend
atoms heretofore made Tor such legislation will au-
thorze this office, under the direction OF the President
% survey and dispose OF lands reserved for military and
other purposes, when The object Tor which they were
originally set apart has been accomplished Numerous
reservations OF this character exist, and in many
instances present almost nsuperable difficulty to the
settlement and sale oil large bodies OF land BY the act
Of 1872 the Secretary OF War is authorized to sell aban
doned military reservations but there no authority any
where to dispose OF land reserved for naval timber The
expediency oil having uniform system in the whole
matter has been 40 fully explained heretofore and
evident, that further remark is deemed unnecessary
The surveys Of The public lands in several Of the States
have been closed and tue archives OF the Offices OF the
fsnrveyors general have been turned the officers
o. the respective States, IN accordance with the provisions
ol the act oil June IL, lS40 similar course will soon
have TO be adopted with reference TO some OF the other
States, and IN all such the power TO survey
vey, or subdivde lands when the Office OF the
yeyor general is thus abolished In fact il is right and
proper that this expense the public lands should be
abatcd as speedily as It can properly be done Daily
perence however evnces the necessity for the contn
uance Of tins power over the public lands until they
all disposed Of and the only proper and economical
angement that expedent aud practicable is place
i IN this office This would obviae all Inconvenience
that can arise from aboshng the Offices OF surveyors
general under the act Of 1S4o and al nominal
expense all the advantages that could from their
continuance under such circumstances.
/ beg leave 10 call your attention to the interesting
reports OF the several surveyors general herewith submit
ted showing succncy the extent OF the operations OF that
branch of the service during past year the present
dillon their
ensuing Their office Iabors. will be perceived,
have been rendered extremely onerous by the selection
OF the swamp and oveIfowed lands, and examinations
in relation to erroneous and defective surveys. The
work, however, is progressing satisfactorily, and srenu
GUS efforts have been made 10 bring 10 close speed
lily it can be done with due regard to the public in
erest.
As the sales of the public lands progress in different
Offices the necessity arises for consolidating districts
provided for by the act of 18th June lS40 and Tor
moving the land offices to be more convenient 10
the unsold portions of the district Some OF the
laws contain provisions authorizing the President TO re-
move the land Offices from time 10 time, as the Decess
lies and convenience OF the public may require and as
there IS The same necessity in all like cases for the ex
ercse Of this power, recommend that general provls
ion OF law be made TO that effect
The adjustment OF the grant OF swamp and overfowcd
lands made by the acts of al March, ls49, and 2sh Sep
tember, $780, has progressed slowly, notwithstanding
great diligence and activity in the force engaged on it.
The selection OF the lands embraced by these grants
prusted 10 The surveyors general OF the several States
cevers Of the land districts those States where the Of
flee OF surveyor general had been abolished The
Tor this that the surveyors general had access
to all the field notes, and the land officers TO all the de-
scnpve notes; whereas, except OF few OF the States
there not complete sets Of either the files of this
office. II was well understood that many of the lands
had been surveyed in very dry seasons, when the
ground was frozen, and hence the field or descriptive
notes would not indicate all that were OF the character
embraced hy the grant In of this kind the officers
were authorized TO receive and act such responsible
and reliable testimony should be produced by the
thores OF the States. No reports have yet been re.
ceived from some OF the officers, though urged repeatedly
TO hasten their action that the grant may be closed
Much difficulty has also been experienced because OF
the conflicts that have grown out OF this grant
The suspension of the sale and disposal Of all the public
domain was not contemplated by these laws and could
not be made unless specially directed by Congress, and
hence numerous entries and locations have been made OF
lands claimed by the States under these laws The grant
took effect from the dates OF the acts making and there
fore in numerous cases conflicts OF title arise which have
TO be adudlcaed by The department To relieve this d
culty far practicable, suggest that where such
lands have been purchased authority be granted for pay
ing over the purchase money 10 the State renqush
ment by the governor other officer appointed BY him
for that purpose of all the right OF the State in and TO
such lands; and where those lands were located by
rants or scrip, TO authorize the State TO locate like
amount elsewhere upon similar relinquishment.
Exclusive OF this difficulty, however, the labor in ad
usting these grants very great all the lists returned
have 10 be carefully compared with the books all
selections where the land disposed OF previous to
the passage oil the laws annulled; and those since
pended all the selections then posted, lists OF them
prepared and sent to the Land Office, aud also 10 the
governors, with diagrams exhibiting the lands en-
braced by the lists and the request Of The governor,
the patents then issued. As all this work must be
done IN connexion with the current business of the
office, and but few can be employed it, the progress
must necessarily be slow.
II s proper here TO state that doubts have recently been
suggested whether the title oil the United States TO the
lands selected under the OF 4th September 1s4 and
for schools and other purposes dvested by
cate 10 the State that the selections OF such lands
been approved by the Executive. In of the laws
the language is not entirely full this point but the
uniform usage OF the Office has been regard those
hcates as conveying the fee To prevent any question
arising this point, however il would be wen tor Con-
gress 10 pass act declaring that all such cerhcatons
which have been may hereafter be made, shall be
gaded conveying the fee, subject 10 all valid inerer-
ing rights and that where such certificates were hereto
fore issued, this office shall have The power OF authenli-
eating them by the use Of our seal.
The necessity for regulating by act OF Congress the
survey OF the lands in California is now extremely ur-
gent
The only provisions of law in relation TO the Office OF
the surveyor general Of this State are the acts making
appropriation for the civil and diplomatic expenses of the
government Tor the fiscal years ending 3oh June, 1852
and 1883 The former act merely contains item for
surveying the public lands and private claims in Calfor-
MA conformity with the provisions of the acts OF Con-
gress authorizing similar surveys, twenty-five thousand
dollars TO be expended under the direction OF the Depart
nent OF the Interior out OF which sum be paid the
compensation OF surveyor general, whose salary shall
not exceed four thousand five hundred dollars per
Provided, That this rate of compensation shall continue
for the term OF two years. and no longer and the lat
ter (Siauies at Large, pp 90 and 9) merely makes fur
ber appropriations for the service, without Affect
ing that pfoviso According to decision OF the First
Comptroller Of the Treasury the compensation allowed
the surveyor general by the former act cannot be paid