The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1853-12-09

IN many aiGersut ssstions Of the sounsry Aad and
water E.sirs reliance moreover ssssos p P'.esa UPON
whore they engaged in the ssrves Or psr,Sn, in.
tsrsstsd in the transaction the events Of early ME are
apt to be blended the memory with The OF
subseq ne at years Hence where tbs proof defective
upon which claims Of this character originally a.
lowed there little probability ut the present time OF
suppIyipg the ds6cisnoy For such lachss govern
ment Ia not responsible and hence there IL NO other
under the law but to reject cases OF this class I'M
Congress shall direct that AL these warrants shall be
satisfied with scrip except where they obtained by
fraud. Notwithstanding these difficulties the business
this branch has been prosecuted with the most
mspdAbe zeal and diligence BY the gentlemen employed
on it.
the and arranf sment Of the School and Semi
lands, al of which belong to division, have
been pressed forward earnestly and diligently and the
many questions connected with these subects often diff
hcult have been promptly and satisfactorily settled
beg leave TO invite special attention to the able
1t viii be perceived that each has faithfully discharged
The important and duties committed TO his csre
and that all striving satisfactorily to close early
~ practicable the buiness Of their offices.
Many of the important questions presented by the Sur
veyor General Of Illinois and Missouri involve such heavy
interests and surrounded with many difficulties
that it med expedsnt to make them the subject Of
future report after they have been fully considered and
appropriate remedies deviied The graphic representa-
ttns by the Surveyors General o. Florida Michigan,
Wisco nsn and Iowa. Of the soil and productions of GER
tain ions of their Districts are peculiarly interesting
those regions The simple yet certain and admirable
system of surveys originated 1t very early period OF
CCnfeCe
tenn has now been extended nearly from the Atlantic to
the Pacific and from the lakes to the Gulf Of Mexico
Fixed and certain in every particular its marks and mo
numents readily be traced where existing and when
oblterated by time accident easily tored. The
geographical position Of every object which it has
been extended be ss;ertained with the greatest
facility and considerable accuracy, and the distances
given points and their relative posi- ions 10 each other
can readily be dee mined To the gentleman now in
charge of this division OF this ecs indebted for
the irmony ana uniformity which has existed in it for
more than quarter Of century, and his efforts now
well directed and untiripg to carry to
fnsi eonsunaton the work so well begun.
The ndan reservations and private land claims belong
presentec has been dpesed Of put in the way OF Anal
settlement. There still, however, . large number
where parties holding deeds from the Indi.as have
cases ITO are of this character, and there
numerous other reservations under treaties with
which the prepared to dispose OF presentation
About loo Of the enis in the Chickasaw cesson
Of 1889 remain upsod which, however being rapidly
entered with the Land office section viii in due
time be disposed of under the treaty and existing laws
The mpolcy Of making reservations in Fee in the ncian
treaties has long since been ascersned and to great
extent abandoned II Is highly important that the out
standing should be disposed Of at early day. as
every years delay has enoedcy to increase the Difficult
ties If any that surround the and may finally lead TO
much harrassing litigation. To obvias difficulties and
to close this business as Tar as the government is CON
ceined, would suggest that provision be msd by law,
for patents to ISSUE in all cases. in the names OF the
With the provso that the title with the sanction
Of the President should to their heirs assgnees
leaving to the courts to determine the validity OF con
tested titles
Numerous and COMPLICATED questions are constantly
arising IN the private land claim bureau o. this Office,
with reference to the rights of parties aud the rrct
location Of their claims The records in many cases are
volumnous to require days and even weeks, simply
to read them To select aud array the facts from such
records and to apply them to the acts OF Congress with
reference also to The laws and usage OF the governments
with whom they originated, require sound Judgment
great care and thorough knowledge of every mstter
coming important from the great increase in tie
value Of the property affected BY them. The natural
tendency of this increase of value is to the claim
ants to look clo to the location, extent and
boundaries OF their claims and to strive to obtain all the
land to which they may conceive them elves entitled
AT the early period when many OF those claims
first surveyed aud located he land compa stively
vaueess and hence but little care and caution was then
exercised in these particulars.
Numerous efforts have made BY the presen hold
of private land grants to alter amend the original
confusion and litigation that would thereby be induced
such alterations have not been sanctioned BY this office
except in the cearest cases OF error OF illegally The
acquiescence by the proprietors in old original oca
TONS and their failure to object thereto FOR years. allie
the surrounding lands purchased and passed from
hsni to hand in good faith, In my opinion estopped
clsanh from seeking change of locality and their heirs
ven6ees have no higher right Hence, such appl
cation fave been refused. and / happy say this
prr cple has ceived your sanction To. necessity for
specific iutaiop in vases Of this kind is daily iucress
ing and legislative icterposition would tile the mat
ter o far a. ESecu i've action Is concerned 1t seems
pedient it should be had; and if ary valid confirmed
claios exist which have not been cannot be
that the and has been previously disposed Of pro
vision could be made for locating elsewhere q BIKE
quantity Of uec land subject t. private try in salts
faction thereof. Unceasng application and diligence has
bed the ger eman in charge Of this branch Of the
Office TO keep the business OF it nearly up date
withsandpg the completely OF the questions involved
and the oreToas character Of the duties.
When tie action Of this Office will be required the
claims Ia California Oregon, New Mexico Utah, and the
Territory o. Washington, &C. the business Of this bureau
crease The report Of LIST My last from the California
foF
June last from their Secretary shows that there
1T that time before the board for decision, per
The number then decided, and ali con6rmed.. 70
The number not then decided .............. TAO "
The number on which the evidence was then
closed ard ready for hearing ..............
The FUN Der in which no evidence was taken,
The mum ~ 3sr in which evidence was taken but
not closed as per register of Witnesses. 452 I"
and that in no which then decided the
cord perfected
furnished to the Attorney General and in such
transcript had been filed Nth the Clerk Of the District
Court for the Northern District of California.
The 14th section Of the Act of Congress OF Sd March,
1851 to ascertain and settle the private land claims in
the State Of California declares that the provisions Of
that act hal not extend to any town lot farm lot
pasture lot held under grant from any corporation or
town to which aL ds may have been granted tor the
adjustment ofa town BY the Spanish or Mexican govern
ment the lawful authorities thereof any CITY,
town or village lot, which city, town village existed
the seventh day of July eighteen hundred and forty
hlx; Inc me same De presented
corporate authorities of the said town where the land
which the said city, town village originally
granted to individual the aim shall be presented BY
In the OF such individual and the fact Of the
istence of the said city, town village the said
seventh July eheen hundred and forty six being duly
proved, shall be 1rea facie evidence Of grant to such
corporation or TO the individual under whom the said
loholders claim and ~here any city, town village
shall be in exis at the time of passing this ao the
claim for the land embraced within the limits OF the
may be made by the corporate authority of the sad
city, town, or village"
Under this provision eleven claims been hled-to
wit
No. 237-Sonora, No. 633-Sscramento,
2so-Ssn Francisco, e39-Sonora,
2s6-San Jose, TIA Monterey,
42.-Los Angeles, 7SS-san Louis Oospo,
543-Santa Barbara, 193-5acramen.o.
ts9-SaD Diego,
This last report does not furnish data by which ia
tain the aggregate Of lana covered By the claims
frsed ano those rejected
in view of the great ount Of business before these
and the Of clerical labor required