The Nevada journal., 1854-01-13

The Act is construed to include all lands !
subject to periodical overflow by the influx and |
currents from the rivers. Lands of this de-
scription in the valley of the Mississippi pass
by this grant, even thouy they may be culti- +
vated for a part of the year without lcvee or
drain.
But as they require such protection for per-
manent and profitable cultivation. they come
within the spirit and purview of the Act, and
pass to the States in which they lie, by virtue
of its provisions.
The Act will doubtless receive the same con-
structon, when its provisions shall be applied
to the swamp ands in the State of California
Bv it, the State, il is believed acquires abso
lutte control Of the overfowed valleys of the
many streams within her limits. except so far
as they may be held by private individuals.
To avail ourselves of the benefit of this Act.
as suggested in my last annual message, steps
should be taken and an economical plan of
operations devised to effect the early reclama-
ton Of the lands thereby donated Hundreds
of our enterprising citizens have already located
on these lands, and at considerable expense and
labor, made valuable improvements thereon
Justice and sound policy require that they
should be secured in their possessions on the
most reasonable terms. The more liberal the
terms, the more certain and prompt will be
their reclamation and improvement. Their
speedy settlement and cutivationis matter of
great moment to the State, because it will add
immensely to the amount of taxable property ::
and thus, fcOurse. greatly increase our revenue.
A partial knowledge of the location of these
lands, as well as careful reflection, have satisfied
me that tier reclamation can be best effected
by donating them to actual settlers, in fixed
quantities, upon the same terms that we have
i,-nIi IL h
The State must either reclaim each tract as
cold, or devise general plan Of operations,
which. by mcalls of drains or levecs, will re-
claim the whole. Such IA work will not ONLY
require years of labor, and much more treasure
than will ever be realized from their sale but
will delay their Improvement and greatly retard
the prosperity Of the State ], therefore,
recommend the passage of an Act donating
these lands to actual settlers, in quantities not
exceeding three hundred and twenty acres, if
such limitation be considered jutlicious, as a
means of reclamation, upon condition that the
settler shall deiray the expense Of selection,
and within stated period reclaim the land
occupied; the land to be subject to taxation
f.om and after the day of location.
still adhere to the opinion expressed in my
last annual message, that-the " sale or lease OF
the mineral lands by the General Government,
would exert blighting influence upon the adj
vancing prosperity of our growing State, and
paralyze the energies of the cntcrprising body
of men now engaged in developing the mineral
resources of California. At present there are
no exactons upon labor in the mines, and the
reasons, indeed, numerous and cogent why the
National Government, in common Justice
should impose no additional cXactions upon
the industry ana enterprise of our people, OF
pursue course Of policy favored by none ex
cept those interested in the establishment o
powerful monopolies, against the domination Of
which Government should assiduously guard.
The legislature of 1852, it will be remembered
protested against the policy of locating the Indians
within the state upon reservations of land set apart
for that purpose and that the several treaties made
by the Indian Commissioners in the year 1851 and
1852 in each of which it is believed provision was
made for y reservation ofland were all unanimously
rejected by the United States senate.
The action of the senate was regarded by the au
thorties and people of California definite set
ti,ment of the question, rendering further action or
the subject on their part unnecessary But it would
now seem we were mis- taken-that the wishes Of
the people of the state, expressed by the Legis
lature OF 1852, to be disregarded, and the wise
and humane policy, adopted nearly a century ago
IF locating the Inc ans without the limits of
.ian states, and distant from white population. sc
far as California concerned ut least is to be aban
doned. The superintendent of Indian affairs in Cal
iornia, acting under a law OF Congress, passed a.
the last session. which authorizes him to locate the
various tribes either within the state territory
without its limits is said to be engaged in col
lecting them together with the design of locating
them permanently at several points within the
state. In order the more fully to understand the
authority on which is based the present and contem
plated action ofthe Superintendent of Indian Affairs
subion an extract from law OF Congress passed
March ,, 1858, entitled 3" An Act making aPpro
priatons for the current and contingent expenses o
the Indian Department, and for fulfilling treaty stip
uatons With various tribes for the year ending June
30, 1854" viz: That the President of the United
states if upon examination, he shall approve of Tx
plan hereafter provided for the protection of the In
diana" be- and is hereby authorized to make fiv,
military reservations fr ON the public domain In thu
state of California the territories OF tab and New
Mexico bordering said State for Indian purposes
Provided, That said reservations shall not contain
more than twenty five thousand acres in each An'
proyided further That said reservations shall not b.
made upon any lands Inhabited by citizens OF Cali
kornia; and the sum OF two hundred and fifty thou
sand dollars is hereby appropriated out of any mon
ey in the treasury not otherwise appropriated to de
fray the expense of subsistng the Indians in Caor
MIA and removing them to said reservations Tor pre-
tec,ion; Provided further if the foregoing plan sha
be adopted by the President the three Indian agen
eies in California shall be thereupon abolished.
In this connection, would call your attention +
the proviso to the sixth section OF an act entitled a
Act 10 provide for the survey OF the public lands il
California the granting of Pre- empt'on Rights there
in and for other purposes, passed March 3, 1873
And further provided, that lliS ucl suih hot u
construed to authorize any settlement to be made
anv tract OF land in the occupation or possession
any Indian tribe, or to grant any pre-cmpiion r1Sh
tu the same.
1t will be observed that by the above proviso 1t
rendered at least questionable whether the mite
states do not fully recognize title i'll the Indian
TO all lands without Imitation in their occupa
,on or possession, and entirely preclude the posi-
iilitv of their settlement by own citizens Should
li,c Indians now in the occupation possession Q
lnds refuse to remove aud be located the con
ten.,I.ted reservations, the white settler, by tue
tlo,-o is clearly debarred from obtaining any pre-
lu; ON right lands in their occupation posses
Impressed with the conviction that the policy ndi
Gated by this act if carried into effect cannot fail tt
exercise blishtng influence on the future prosper
itv of California and result i'll great injury to the In
d;ans themselves trust YOU will feel called upon tc
assert the rights of the State and TO demonstrate
against its consummation.
There certainly exists at this time no good reason
I'nl I,rrlio frrotnk kl,r