New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1854-12-06

fected by them. ,Itas q,
Uniformity in the action Of the several orsncae ~
the bus;pess of this Office renders in duues NOT %
ME and The titles 20 lands more secure by toe &c
~ sad March 1881 this Office was authoriIed 70 pre-
scribe the form and regulations for me ~
land warrants. A like authority IN reisu9u :. aa
,srsfer. 81 entries so far they are Regarded Is
s;s,nsble by this office, would introduce unuorm
mo This branch and put at rest the question OF tue
ysloity of such assigr mepts. IL would, noieo'e'
sscure evidence at least, OF the ldenuty Vi .ee 'o
with the purchaser, and thus pfe'en' h"u' ~ '
meDts. u:...; I, ral.,ion Z,
surveys and sales by the United States Is every year
becoming more apparent. and the expectancy VI tne
nsasure cannot be doubted. SO far as the survey Oh
n,ivste claims il concerned, this office, with your ap
Irrobaton. has established the commonlaF doctrine
81 stopuels but difficulties arse IN carrying out ths
doctrine in relation 10 the notice OF the survey th
sbould be given TO the parties IN interest add tue
length of time that should elapse after such survey
before that doctrine should properly sppy To sales
or locations such principle AN be applied as they
are regulated by law. Cases of great hardship may
arse 10 subsequent purchasers who, relying upon the
evidence given by United States officers 10 the original
parties buy in good faith and improve the lands. Ii
The title is finally found illegal or defective II is va
Gated the first purchaser may have left the country
and the innocent assignee has no remedy. In cases
Of this character general principle established
by law would afford relief 10 the parties AMI oogiate
the necessity for much speciaegisatOn by Congress-
/ beg leave 10 renew the Recommendations In my
last annual report, BOT heretofore specially adverted
to- and TO request for them the consideration their
importance requires This city and district, severed
by their political position from the fostering care OF
any one State are deprived of the assistance given
to education by all the States, unless Congress, as
the special Legislators shall make the necessary pro-
vision for them. This may be done, a. elsewhere, by
donations OF public land under udcous restrictions.
A lumber Of Locations Of warrants have been re-
iected because the parties 70 whom those warrants
we're granted had died before the issue Of them eav-
ing neither widows minor children to receive the
grants under the law. This, with the subject OF fur
ther grants the old soldiers, their heirs is re-
specially submitted for consideration
The act Of 4th August last, "To graduate and re-
"duce the price Of the public lands to actual settlers
land cultivaors Judging from the reports received
has been productive Of much fraud al perjury, and
proved seriously injurious TO the actual settlers on
The public domain. AS far as practicable these evils
have been remedied by coDsructJ and Instructions
but the law lie inherently defective. II be designed
to eDgrGft this feature permanently on our land sys
TEN, the privilege Of purchasing a. the graduated
price should have been limited TO preemptors, or
made general to a Now, it is alleged that persons
take the oath required by the law with the mental
qualification that the land will be required for actual
settlement and cultivation al some future ttme Others
il is stated, have employed men TO go forward and
make the affidavit, paying all their expenses, and
alto paving for the laDd-the employer agreeing 10
give bis employees in fee simple, portion, say an
eighth or quarter OF the land 80 entered, retaining
The balance. The only corrective Of this abuse 10 the
sigpmeDts of entries of this chsrac er, and TO issue
the patents TO the persons in whose the entries
we've made, and this rule has been established.
Efforts have been made 10 enter lands actually
occupied and cultivated, but TO which the settlers had
Io pfeemption claim. This has been refused on the
ground that the setter being in occupancy Of the land
could not ana should not be busted of his improve
ment by party who wished TO settle upon the same
land TO the prejudice of the settlers occupancy At
iempts hsve also been made to enter land in the
names of femmes covert, minors, &c This, too, has
been refused for the reason that the obligation OF set
tltment and cultivation required TO constitute the
night TO enter under the law contemplates contract,
and hence those only claim the benefit OF the act
who are capable OF contracting The prOvls0 TO the
second section renders the execution of the law ex
ceedngly intricate and IL il difficult TO explain this
feature in connection with the general presumption
laws in such manner to make it thoroughly under
Stood In fixing the periods for the several classes,
fractions of years dsregarded from necessity to
prevent the dates becoming 20 numerous as TO pro-
duce confusion.
In many cases az YOU are aware the several parts
ofsthe same township, for various causes, were
offered at different periods frequently years apart
and hence these several parts in different classes.
In such cases il would have been desirable TO fix
mean date as TIE average period Of Offering, but the
office had not the power 10 do so The presumption
clause is peculiar feature III this law. Its effect is
10 give TO preemptors, settled on offered lands per-
petual credit subject only 10 the risk of entry by
Otb,r rs for ope month at the end Of each period of
graduation; in other words 10 donate the land, sub
j. ct only TO this risk The effect, though ostensibly
beneficial to the settlers, would probably prove most
disastrous to them in the MAN, Resting in fancied
security, the time in which they would be subject to
ibis risk might be forgotten and their land aud i'm
proyements be taken by Speculation Or death might
interpose and difficulties arise in subsequent domestic
nraI ement as 10 whom the en.ies authorized by
the Law should be made. This would certainly lead
10 lits and might have the still more disastrous
and unhappy effect Of producing dscOrd and conten-
tion in families.
ba.;s - Il - tba tba IA, ba,,a
been in market. Is has been heretofore full shown
that from eight 10 twelve millions Of have been
annually brought into the market while the demand
has only ranged from ~ four millions. II would
be absurd TO suppose that all the best lands were first
purchased OF that all the lands first entered of
the best quality. Our people eminently social in
their hbbifs and, moreover naturally congregate to-
geher for the advantages Of churches, schools, and
mutual assistance. The inference is fair therefore
that except the most worthless class which was dis
posed Of by the Swamp Land Grant, fair proportion
Of lands of all qualities have been annually entered
leaving the relative proportion in each class of
lands subject 10 entry. Moreover, time eapses,
and settlements increase and extend lands compare
lively Ioor and unfruitful, become more valuable,
because Of increased facilities for market or that the
improvements in the neghborhood bring iato requisi-
ton the peculiar products of those lands For these
beds of sand and fields OF rock or gravel 10
the vicinity Of growing towns villages, though
unit for cultivation are actually more valuable 10
their owners account of the materials for building
and Improvement obtained from them th an the most
productive agricultural lands The best evidence of
these found in the State of Ohio where the
richest lands had Gil been taken years ago. and yet
in proportion to those remaining unsOld the sales
have heen heavier than in any other Of the land
States.
Indeed, evidences might be produced TO almost any
extent corroborative of this view sho wing rather
that, generally speaking, lapse Of time is better
for Increasing than for decreasing the price of
lands. Tbi' however, is not the only erroneous view
that 10 have been entertained the subject Of
the public domain. l. has been alleged, on the one
hapd that by il injustice is done to the old States
while the utmost beralty is manifested toward the