The republic. [volume] (Washington [D.C.]) 1849-1853, 1852-12-15

the Of the grantee ia not inserted, and in lieu
OF description of the land, the warrant is pasted
in and the whole Of the latter part Of the record
including the signatures Of the officers, is left
blank f
Two modes suggested by which these re
cords may be completed under authority Of an act
OF Congressone is, to call in the orig inal pat
or duly certified copies Of them, from the records
OF the counties in which the lands are situated,
and to complete the records therefrom; the other
is, TO endeayor to complete them from the title pa
pers on lille in this office. The former would be
the better plan in all cases. where it be adopt
ed, and the latter where the original patents, or
certified copies of them, cannot be had.
In the division having charge Of pre- emptions,
school and seminary selections, the numerous
cases frequently involving. difficult and compli.
Gated questions are promptly disposed Of.
Immediately on the passage Of the acts of 9th
May and I'd August, 1852. the former granting
purchase. north of Fox river, and the latter ''to
protect actua settlers upon the land the line of
the Central Railroad and branches, by granting
pre- emption rights thereto, instructions. in &C.
cordance with the provisions Of those laws, were
prepared and transmitted to the respective land
officers where the reserved lands were ordered
INTO market, that all persons contemplated by the
latter law might have an opportunity of avaiing
themselves of its benefits Those instructions
were sent by telegraph to those officers, where the
time intervening between the passage of the law
and the approaching public sale too brief to
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 Congress towards this meritorous class
Of our citizens, notwithstanding which, many cases
of great hardship have occurred, in consequence
OF some OF the restrictions in the act Of lS4l which
are 30 plain and positive to leave this office no
discretion. One of these is the provision limtin g
the pre- emption privilege to those who settle upon
lands which were surveyed prior to such settle
ment. This restriction shOuld be abolished and
settlements encouraged on all lands to which the
Indian title has been cxtinguished Another of
hat r;<vt,to hall
not attach to any ''sections Of land reserved
TO the United States alternate to other sections
granted to any of the States for the construction
OF any canal, railroad, or other public improve
ment." ..s.
This inhibition should also be removed, and pre-
emptions granted to all such lands at the increased
minimum.
These proposed extensions of the pre- empton pr-
vilege would be no more than justice to the enter
prlsing citizens through whose energy, toll, and
privations the chief value has been given to the
public domain, the treasury of the country
riched. and the fruitful valleys of the W est opened
up to the settlement of the millions who now
cupy that favored region.
invite the attention Of Congress to the recon-
mendations heretofore made for the revival of the
act of 81 August, 1916, "providing for the ad just
ment of all suspended pre-. emp!ion land claims in
the eevera States and Territories" and for the
tensions of the provisions of that act and those of Sd
March, 1919, and Oath May, 1928, " for the corrcc
ton OF errors in making entries Of land" to all
cases where the locations have been or may be
made with bounty land warrants or other scrip.
The revival and extension of these laws will
afford relief to many mcritorious cases, where in
noccnt persons have been led into error by circum-
stances beyond their control, and will remove a
cause of much labor and correspondence to this
office by the final dis ostion Of such cases Every
principle OF justice requires that the same facility
and indulgence should be extended to those who
locate land with warrants or scrip as to those who
purchase for cash.
Cases Of great hardship have arisen where bona
Glo kaz -
stcads by warrants, and who, having been msled
in the description of the tract, have located their
warrants upon lands that wore comparatively
valueless 10 them, leaving their own Improvements
subject to sale or location, for want of the means
OF securing them.
BY the treaty of 1892 the Chckasaws ceded to
the United States their lands in Mississippi and
Alabama, containing, according to actual survey,
81 100 acres; and pursuant to the treaties
Of 1882 and 1884 with that tribe, there has been
disposed of, by granting individual Indian re-
serves and by public and private sale, the greater
portion of the whole cession, leaving, in fact, but
little over 2U0, 900 acres und;sposed of.
These unsold lands, under the graduation prin-
cpe in the treaty OF 1884, now liable TO ssle at
l2I Genie an acre, except GAO acres known as the
"Lapd Office" section, at Pontooc, the sale OF
which is specially provided for in the supplement
to the treaty of 1892.
BY the eleventh article Of the treaty Of 1884 it
ia provided, that should the expenses of these lands
"pi greater than the receipts" the Chickasaws
may declare the residue of them abandoned 10 the
United States. This office, from time to time, has
reduced the expenses of the land system in the
cession by dispensing with the servces of such
officers as had brough hit the branches of business
entrusted TO them 10 close. In order, however,
to conduct the sales in the cession pursuant to
treaty stipulations, it has ben necessary to con-
tinue the register and receiver at a salary OF
s l 200 each, authorized in the treaty. If no
steps should be taken al an early day in the way
OF finally treating with the Indians respecting the
residue Of their lands, l recommend the passage OF
fh.,r,u thn ,fixynt
lands TO a contiguous district, and to sell them,
free Of expense to the Indians. In this why they
would be relieved from the annual expenses now
incident to the employment OF register and re-
ceiver at the salary specified the treaty. and the
"Land Office" section could be sold TO the best ad
vantage-a measure not only beneficial to the In
diane, but doubtless desirable to the town OF Pom.
totoc, to which it ia adjacent
Under other treaties with various tribes Of In
dams individual reservations have been allowed
from very early period in the operations OF our
Govern ment.
by the treaties of 1892, with the Creeks, large
number of reserves was granted, and sale Of them
authorized; and in 1888 Congress passed an act
making it obligatory upon the Executive not only
to issue patents to the first purchasers from the In
diane, whose contracts had been approved by the
President, but also to recognise in the issuing OF
patents any intermediate assignments, when found
satisfactory, from the first purchaser to the last
claimant
By the treaty of 1880 with the Choctaws, numer-
reservations allowed, and patents required
to be issued 10 the under the l4,h article,
and to purchasers from the Indians under the 18th
article and supplement to that treaty. These and
other kindred treaty operations have devolved an
immense amount OF business upon this office; but
such has been the progress made in it that we are
prepared to issue patents on demand, in any un-
contested case, where the proceedings are found
regular.
BY the act Of Congress approved 9th January,
1851, Congress authorized grant Of "thc right OF
pre- emption to certain purchasers and settlers
on the 'Maison Rouge grant, in the event Of the
final nd Jude alton Of the title in favor of the Uni
ted S'ates"
The Maison Rouge title. in petitory action,
came before the Supreme Court Of the United
States in 1916, In the of the United States
King and Coke, and again in lS49, and decisions
were then rendered against il but there was
thing in those decisions that warranted the Execu.
tive in p, ooecding 10 dispose Of the lands pub.
lie property in the absence Of express directions
from Congress. In 1850, however, it again came
before that Court, in the case vi the United States
rs Turner ct ais under the act OF Congress ap
proved 26.h May, 1924, and l7th June, 1914, and
under those laws decree was rendered by that tri
bunal against the validity Of the title. The seventh
section OF the said act of Goth May, 1924 declares
in the caeo OF final decision against claim, that
- The land shall forthwith be held and ia Ken as a