The daily union., 1854-12-13

IN such reservations under the general Laws and where
, m na peen made at the expense of the govern
SO 70 average the sale to reimburse such expense
The law OF April 90 1854 organizing the new land dis
" srct OF Cheboygan in Michigan having no date took e
eo m is passage and the land officers for the old
ds,ficts out OF which il formed could not be immea
ae aPpfized OF the change number of sales were made
ad m OF land which by the act had been
eeu Tue Oneooygan district As these sales are ilIe
gal under the decision of the Supreme Conrt in The case of
MatheWs u.s. Zane the land officers of the Cheboygan dis
ct have been instructed reserve the ands G ptare5
I'LL Congress can confirm these sales and il is resuec,n
recommended that an act be passed that effect with
that IN all cases hereafter where laws this
chafac'er are passed without date they shall take effect
siA months aer their approval This will give full time
70 organize the new districts and prevent the confusion
ana risk OF error consequent on hasty action
Under misrepresentation of the provisions of the relief
passed Tor winding up the old credit system sales
were closed many years which embraced by
these provisions, and patents were issued on them In
other cases illegal subdivisions been made by the land
omcers and those subdivisions sold To remedy these
these patents and sales valid ~e
The muniments of titles under the credit system s here
~ S are subject 70 oss and are rapidly going
10 decay But few are now living who understand the OPP
eraons of that system and hence in addition to the risk
OF the loss or destruction of those papers, the holders Of
es OF which they the original evidence may be sub
ct hereafter to or actual loss from norma
ton derived from those who familiar with the de-
allS OF the system To obviae all difficulties the sub
ct respectfully recommend that authority he given for
recording all these Documents with proper notes showing
the ehre deraignment of title in each The work
would be laborious and expensive little in comparison
to the good that win flow from ii hereafter in rendering
cera those old titles and infinitely less when compared
with the value of the lands affected by them
UNIFORMITY IN the action of the several branches of the
business OF ts ONCE renders its duties simple and
the tes to lands more By the of 22d March,
lso TINS once was authorized to prescribe the form and
regulations for the assignment of land warrants like
authority in relation to all transfers of entries so far as
they are regarded as assgnabe by this office would intro
duce uniformity into this branch put rest the ques
ton OF the validity Of such assignments 1t would more
over secure evidence at least of the identity of the vendor
with the purchaser, and thus prevent frauds in assign
ments Fsa'
The necessity for of limitation in relation to sur
veys and sales by the United States every year becoming
be doubted So far the survey Of private claims is con-
cerned this Office with your appreciation has established
the eommon-law doctrine Of cstoppes but difficulties arise
IN carrying out this doctrine in relation the notice of
the survey that should be given the parties in interest
and the length Of time that should eapse after
vey before that doctrine should properly apply To sales
or locations nc such principle be applied they
regulated by law Cases of great hardship may arise
subsequent purchasers who, relying upon the evidence
given by United States officers to the original parties buy
in good aith and improve the land If the title is finally
found illegal or detective is vacated the first purchaser
remedy In of this character some general prnc
pie established by law would afford relief the parties
and obvate the necessity for much special legislation by
Congress
l beg leave renew the recommendations in my last
annual report not heretofore specially adverted and
request for them the consideration their Importance
quires.
This city and District severed by their political position
from the fostering care Of State deprived Of
the assistance given to education by all the States unless
Congress- their special legislators shall make the
s9ry for them This may be done as elsewhere
number Of locations of warrants have been rejected
the parties to whom those warrants were granted
had died before the issue Of hem leaving neither widows
nor minor children to receive the grants under the law
This with the subject of further grants to the old soldiers
or their heirs is respectfully submitted for consideration
The act Of the 4th August last graduate and reduce
the price OF the public lands settlers and cu-
vators judging from the reports received has been pro-
aucnve OF much fraud and perjury and proved seriously
70 the actual settlers on the public domain AS
lar rs practcab these evils have been emed ed by con-
sructon and instructions but the law is inherently de-
ecye if it be designed to ngratt this feature permanently
on our land system The privilege of purchasing at the
graduated price should have been limited to
or made general to all Now it is alleged that persons
ake tne oath prescribed by the law with the mental quail
hcaton that the land will be required for settlement
and cultivation at future time Others is stated
have employed men to go forward and make the affidavit
paying all their expenses and also paying for the land the
employer agreeing to give his employees in fee simple
portonsay oneeighh, quarter Of the land SO en-
aeredretaning M the balance The only corrective of this
Mise assignments Of entries of this character and to issue
the patents to the in whose entries were
made and this rule has been established Efforts have
been made to enter lands actually occupied and cultivated
but to which the settlers had no pre-emption claim
This has been refused on the ground that the settlers
being in occupancy Of the land could not and should
not be ousted of his improvements by party who wished
to settle upon the same land to the prejudice the settlers
occupancy Attempts have also been made land
IN the names OF femmes covert minors &c This oo has
been refused, for the that the obligation of settle
ment and cultivation required constitute the right to
enter under the law contempates contract and hence
those only claim the benefit act who are capable
Of contracting The provso the second section renders
the execution OF the law exceedingly intricate and is diff
hcu to explain this feature in connexon with the several
pre-empton laws in such manner as to make it thor
oughy understood In fixing the periods the several
classes fractions OF years disregarded from necessity
to prevent the dates becoming produce
confusion In many cases. you aware the several
parts OF the township for various causes offered
at different periods frequently years apart and hence
these several parts in different classes In such cases
would have been desirable fix date as the aver
age period of offering but the Office had not the power to
do
The presumption clause is peculiar feature in this law
Its effect is to give to preempors settled offered lands
perpetual credit subject only the risk of entry by
others for month at the end of each period of gradu-
tom in other words denote the land subject only to
this risk The effect though ostensiby beneficial to the
settlers would probably prove disastrous them in
the main. Resting in fnced security the time which
they would be subject to this risk might be forgotten and
their land and Improvements be taken by spectators or
death might interpoe and difficulties arise subsequent
domestic arrangements as to the persons by whom the
entries authorized by the law should be made This would
certainly lead to litigation, and might have the still more
disastrous and unhappy effect of producing discord and
contention in families
The basis of this law the length of time the lands have
been in market II has been heretofore fully shownAt
from eight to twelve millions of acres have been annually
brought into market while the demand has only ranged
from to four millions. 1t would be absurd TO s1p-
pose that all the best lands are first purchased or that all
the lands first entered Of the best quality Our peo
pie are ennently social in their habits and moreover
naturally congregate together for the advantages of
churches schools and mutual assistance
The inference is fair therefore, that except the most
worthless class which was disposed of by the swampand