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

o6ce u earnestly recommeuded 40 indspeusably
ssry to enable him uadentsndingIy to sdjadcete the
intricate and Important questions arising IN the as
Ihe Surveyor General Of Arkansas, it will be per-
ce,ed only prevented from closing the business Of
his district BY the discovery Of frauds in surveying that
was executed many ys.s Which rsqpTs
The prevalence Of sickness in Louisiana during the
past season has materially nterfered with fee opera
factory progress has been made IN the difficult and com
pcaed duties of the district including the
Of the swamp Land grant, which has been nearly COM
pleted.
In Florida the surveys have been closed the line
between that State and Alabama, and are being made
for extending the surveys the neutral ground sur
noes also part OF that reservation including
the lands adjacent TO the Kissimmee river and Lake
Okeechobee which are represented as among the inset
in Florida.
II will be remembered that the appropriations for sur
veyng the keys the Of Florida and the islands
of the coast Of California have been placed under the
direction of the Superintendent of the Coast Survey BY
this udicious arrangement but little expense incurred
beyond that incurred for the coast survey purposes
usual manner in connection with the ordinary land
veys the expense would be very heavy Wherever prac
tcable the Coast Survey has surveyed the necessary
boundaries to divide these islands and keys into tracts OF
suitable size for SALE and where from the nature OF the
ground this could not be done, posts or corners have
As % nroSao. h
Plats OF this work. averaging very considerable por
ton of it, and Of character highly satisfactory, have
already been placed at the disposal Of this Office and
others expected at early day Advices have also
been received that the work the coast Of California
progressing rapidly as possible.
Special attention requested to the report OF the Sur
veyor General Of California and it is earnestly suggested
that the most stringent be adopted TO prevent
the outrages mentioned by him. II the Surveyor Gene
raj cannot be sustained in the discharge Of his duties
the marks and monument of the United States surveys
can be ob,erated with mpunity the extension Of the
Siam Tho nf
are committed. is worse than useless.
The report of the Surveyor General Of Oregon has not
yet been received but is expected time to be laid be-
fore Congress early in the session.
At the last session Of Congress- action was had on sew
era subjects that had been brought to the attention o.
and which beg leave to present for consideration
The necessity has heretofore been presented Of author
zng the Department under the direction Of the Pres
dent, to restore to market lands which had been
served but which longer required for the pur-
poses for which they thus set apart Numerous.
and in some instances large bodies Of land kept out
of market for want Of such authortythe settlement OF
their localities materially hndered special legislation
asked would enable the Department to dispose Of the
unmproved lands in such under the general
laws, and where improvements had been made at the
expense Of the Government to arrange the sale as to
reimburse such expense.
The law Of Goth April 1854, organizing the land
district Of Cheboygan, in Michigan having no date took
effect from its passage and the land officers for the
old districts out Of which it formed could not be i'm
S tine s 81 The sass
had been transferred to the Cheboygan district. As
these sales Illegal under the decision of the Supreme
Of the Cheboygan district have been instructed to
the lands entered till Congress confirm those
sales; and it is respectfully recommcnd THAI act be
ps ssed to that effect, with provision t all
hereafter where laws of this charaer passed with
out date they shall take effect six months after their ap
pr0val This will give full time to organize the dis
trcts and prevent the confusion and risk of error conse
quent on hasty action.
Under misapprehension of the provisions OF the re-
In inlin fha
sales closed many years ago, which were not
braced by those provisions, and patents issued
them. In other cases. illegal subdivisions have been
made by the land officers, and those subdivisions sold
To remedy these evils respectfully suggest that act
be passed making these patents and sales valid.
The miniments Of titles under the credit system, as
heretofore reported subject to oss and rapidly
going to decay But few are living who understand
the operations of that system and hence addition
the of the loss destruction of those papers, the
holders Of titles of which they the original evidence
may be subject hereafter to Inconvenience or actual
loss from information derived from those who not
familiar with the details Of the system To obvate all
difficulties the subject respectfully recommend that
with proper notes. showing the entire deraignment Of
title in each The work would be laboriOus and
Pensvc but little in comparison to the good that will
flow from it hereafter, in rendering certain those old
titles and infinitely less when compared with the value
of the lands affected by them
Uniformity the action of the several branches Of the
business Of this Office renders its duties simple and
the titles 10 lands secure. By the act of I'D Of
March 1852 this officer was authorized to- prescribe the
rants like authority in relation to all transfers
entrees far they regarded assgnable by this
Office, would introduce uniformity into this branch, and
put at rest the question of the validity of such assign
ments 1t would moreover, evidence at least Of
the identity Of the vender with the purchaser and thus
prevent fraud in assignments.
The necessity for an act Of limitation in relation to
surveys and sales by the United states every be-
coming more apparent and the expedency of the mea
lie doubted So far the survey Of private
claims is concerned this Office with your appreciation
has established the common law doctrine of estoppels
INIT in mt n ra-
aton to the notice Of the survey that should be given
to the parties in interest and the length of time that
trine should properly apply To sales locations no
such principle can be applied as they are regulated by
purchssers who reyinr uppn the evidence given by
United States officers to the original parties bay in good
faith, and improve the lands. the title Is finally
found illegal defective, it is vacated the first
chaser ~ have left the country and the innocent
signce has remedy In cases OF this character some
to the parties and obvate the necessity for much spe
cial legislation by Congress.
beg leave to renew the recommendations in my last
to request for them the consideration their Importance
requires. This city and district severed by their pot
Of the given to bv
the States unless Congress- the special legislators
shall make the necessary provision for them This may
be done elsewhere by donations Of public lands un-
der judicious restrictions.
A number OF locations Of warrants have been re-
ected the parties to whom those warrants
widows minor children to receive the grants under
the law This with the subject of further grants to the
old soldiers their heirs respectfully submitted for
consideration.
The act Of 4th August last To graduate and reduce
the price Of the public lands to actual settlers and cul
tivators judging from the reports received has been
productive of much fraud and perjury and proved ser
Ousy injurious the actual settlers the public do
main As far practical these evils have been remeded
by construction and instructions, but the law is in
herently defective II it be designed to engraft this
feature permanently our land system the privilege Of
cl,ostu n urnslna fod urrp ma bcQU
limited to preemptors, or made general TO ALL Now,
il is alleged that persons take the oath required by
the law, with the mental qualification that the land
viii be required for actual settlement and cultiva-
ton future time. Others, it is stated, have
employed men TO 60 forward and make the afida-
Wit paying all their expenses, and also paying for the
landhe employer agreeing to give his employees in fee
simple, portion say eighth quarter Of the land
entered retaining the balance The only corrective
OF this abuse in the power Of the Office to refuse to
recognise assignments OF entries Of this character, and
to issue the patents to the persons in whose the
entries were made this rule has been established.
Efforts have been made to enter lands actually occupied
ami cultivated, hut to which the settlers had pre-
emption claim. This has been refused the ground