The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1854-12-06

charge Of the current duties Of this ONCE have been ma
teriay interfered with BY the delay in selecting tho
when the oct Of 18th September, 1850, was passed,
sne anG 20 v ns sSs
lection OF those lands in the States where that ONCE stu
existed and where not that duty was devolved on the
Registers and Receivers Of the Land o6ices.
The instructions required that the selections should
mace from the field descriptive notes Of survey,
where n ey were not aud claimed other lands in addi
ton TO those shown by the field descriptive notes to
be embraced by the law that the lands claimed should
also be certified to the States satisfactory evidence
that they Of the character alleged
More than four years have elapsed and the selections
are not yet completed In the meantime numerous
tries and locations made of lands subsequently
claimed by the States and in many Of this kind
where these claims have been contested has been
found that the lands not embraced by the swamp
law and consequently the sales locations
rmed the claim the part Of the States having orig
mated in the ignorance careessness of OF their
agents. As the matter stands, however II Is i'm
possible to issue patents for sales and locations, with
any safety till the final return Of the swamp selections
have been made returned and posted The parties who
claim these patents complain, and with good reason Of
this withholding of the evidences a their titles and the
extent OF the evil be judged OF from the fact that
by careful estimates it appears there in this
Office about hundred and twentyfour thousand pa
tents written and not transmitted
To remedy this evil respectfully recommend that
authority be for the issue OF these patents and
that provision be made by law that the purchase
LOT any such lands be over 10 the states,
that they be authorized to select others in lieu Of
these located with scrip land warrants &c, on due
proof by the authorized agents Of the States that such
lands were OF the character embraced by the swamp
land act Of 1850.
Further experience in examining the Virginia revolu-
tonary bounty land claims filed Tor scrip under the act
of August, 1852 has fully evnced the difficulty in
irving at satisfactory conclusion in many OF these
cases. In view, however, of the liberal construction
given to the act of 3lst August 1852 by your decision
and the opinion of the Attorney General rendered since
the recommendation in my report OF last year, am
tbatar aAa1t
should be allowed and hence that further legislation
this subject unnecessary If not nexpedient None
entertain higher estimate than Is held by this Of
fee Of the value Of the services for which bounty lands
promised by Virginia in the revolutionary strug-
GLE and hence the most liberal construction consistsn
with the law has been applied to claims of this char
acter
The attention Of Congress is again respectfully called
to the imperfect condition Of part Of the records of this
division These records the only evidence of title
bodies of land In Ohio patented prior TO 1884
and it is highly important that measures should be
promptly adopted perfecting them, every years
delay increases the difficulty in accomplishing that OBJ
ject.
In connection with this subject it is suggested that
revolutionary warrants were made in the military dis
trcts in Ohio for which surveys have been executed
patents issued, owing to the neglect Of the owners
those lands The Of Goth February $780, expired
the LIST Of January 1852 and since that time no surveys
could be executed of Of these ''entries however
meritorious To close this whole matter, it is respect
fully recommended that authority be given to
mate all Of this character and that the balance Of
the public land, amounting it is estimated to about
CO. 600 acres be donated to the State for school
poses.
This recommendation is made in view Of the fact that
the lands intersttia Slips Of irregular shapes
generally excluded from the adjoining surveys, it Is be-
ieved because they considered OF little value;
sS Sa, in all . s; the
patents for hem than would be realized from the lands
II is important, however in finally dsposing Of these
tracts either by the federal State government that
provision be made giving preference in the purchase
to adjacent propretors at given price and for
OF boundaries and the that will necessarily grow
out of it in surveying these lands it will be
for this purpose to rerace old boundaries of irregular
figures the marks and monuments of many of which
is probable have been entirely elaced by time acct
dent In fact it would to be necessary in this
to introduce something Of the old Maryland system OF
surveys TO take up vacancies or resurveys to include
vacancies.
In view of the increase of business consequent the
operations of the law graduating the price OF the public
lands and the decrease in the Of the land
Offices caused by that reduction, il would seem to be
just that provision be made to recompense them
for their labor The Of compensation hereto
fore allowed should therefore be continued that is
per cent where fees are allowed estimating all the lands
ut dollar and twenty five cents per acre. with the
strcton that they should not exceed six hundred and
twenty five dollars for any quarter, nor twenty-five
hundred dollars for the whole Of ocicl year where
the sales exceed that amount say 70 an extent tiat
would make the per centage equal TO one hundred dol
TO compensate clerk clerks for the additional duty
necessary keep the business An allowance should
ako be made those officers for office rent and they should
be required to keep their Offices in safe and build
ings, that the valuable documents in their custody
would be against risk Of loss or destruc
ton.
As il is these Offices, containing the only reliable evil
dence oil the foundations Of title to the numerous and
valuable farms all the land States, frequently
loca led in fra buildings situated to their
destruction in case OF hre in the v:iniy, and often
wholly insecure against respass by the mischievous,
parson with the risk and probably the only class Of
in the world where little ard is paid to such
fort within the power OF this Office is made to obtain
suitable locations, by suggestion &C.; but If the gov
erpment paid the rent it would have the power to re-
qure that the Offices should be kept in secure buildings
For donation claims in Oregon one hundred and forty
two certificates transmitted to this Office for pa
tentinR but on IL ascertaned that
Of them were bounded by lines differing from those Of
the public surveys and that special pats OF the oca-
tons had not been transmitted with them IS required
by instructions. Without these plas showing their To-
cations in connection with the lines OF the public survey
there would have been security that different
patents when issued would not have included the
same land in whole in part. The certificates for
such donations therefore returned, that the in
ced in hands for paenting and in view of the difficulty
in preparing those patents special forms are requr
ed in different cases, have devoved that duty the
principal clerk Of the private land claims The business
Of that division which has been promptly ami efficiently
discharged, already onerous embracing the Indian
grants we'll as private claims but these donations
partook in some degree Of the nature Of that business
this arrangement was deemed the most judicous.
The Surveyors General of Kansas and Nebraska, New
their respective posts with full instruction for their
guidance and government under the legislation Of the
last session Of Congress- but it is not expected that
ports be received from them in time to be laid be-
fore Congress- in view Of the recent appointment, and
the remoteness Of their fields Of labor The
to them moreover, required much and considers
ton, and consequently time that they might be
fully advised Of their duties and that the intention Of
Congress should be carried in their legislation
this subject As these instructions vounnous and
will probably be interesting to those Of citizens who
may wish to emgrate to either OF these territories
allx,t IAao md dfrQt
private claims in New Mexico have appended copies Of
! them.
The land officers for Washington and Oregon Terrific
res authorised at the last session of Congress- having
been appointed full instructions, with the necessary
books blanks &c. have been transmitted to their
Offices that they may be able at to enter duty
Those Kansas and Nebraska not appointed and
surveys have yet been made in those Territories
they would have nothing to do and their appointment
would therefore have in yoved unnecessary expense.
! Arrangements have been made for organizing new
land district the southern part Of Florida in accord
with the requirements Of the act OF 9Th August
last which takes effect the 9th February next This
4 int "