The Kansas herald of freedom., 1855-02-24
aassapa
opinion g Pc. Isns -.

Opinion Of u.s. Land connsiszioner.
The following letter from the Commis-
sionerof he Land Office to our Delegate
in Congress. and from him to one of { our
citizens, contains a opinion Of that Off
cerHhich meg be worthy Of considers
ton; and Jet ue coaceiye II one-sided
document prepared from Z partial ae-
quaintance With the facis, aud one which
should not prejudice any person against
the claims of the original proprietors Of
this city.
We published last week letter from
Dir. LYKISs touching, his claim; and de-
signed to have given some remarks which
NE had prepared relative. to the same.
but through inadvertency they did moi
appear. We give them in another place
this week.
GENERAL LAND OFFIcE,l
January IL, 1861
SiR:-I have carefully examined the
lremonstrance of Messrs. John Baldwin
A. B. Wade, Z. Chapman, Simon Hop
per, w. II. Oliver, w. II. R. Lykins, and
VIM. N. Baldwin, against their pre-emp.
ton claims being interfered with by town
sites. and in relation thereto have the
honor to state @
That by the act of 22d July, 1854, the
pre-emption act of l84l was extended
over the lands in Kansas and Nebraska
to which the Indian title had been extin
guished, whether the settlements were
made before or after the survey of those
lands. All persons, therefore, who have
complied, and shall comply, with the re-
quirements of that law, will have vested
rights of which they cannot be deprived
The. idea of others attempting to lay
off a town site on lands thus claimed. ol
in any manner interfering with such
claims, is simply absurd. No power ex-
lists anywhere, except in Congress, to lay
off town sites on the public lands; and
where individuals attempt so to do, until
duly authorized by act of Congress, they
forfeit all claim they may have to the
land.
The pre-emptors themselves would moi
have the power to dispose of any portion
of the lands claimed by them till after
the certificates issued, as they are re-
quired by the act of 184l, to make oath,
among other things, that he or she has
not "settled upon and improved said land
to sell the same on speculation, but in
good faith to appropriate it to his or hel
own exclusive use or benefit" They
have nothing to fear, however, from spec
ulators in town sites; for by the law oi
Sd March, 1907, it is enacted "That il
any person or persons shall, after the pas
sage Of this act, take possession OF, or
make settlement on, any lands ceded or
secured to the United States, by any
treaty made with foreign nation, or by
a eession from any State of the United
States, which lands shall not have been
previously sold, ceded, or leased by the
United States, or the claim to which
lands, by such person or persons, shall
not have been previously recognized and
confirmed by the United States; or if
any person or persons shall cause such
lands to be thus occupied, taken posses
sion of, or settled; or shall survey, or at
tempt to survey, or cause to be surveyed,
any such lands; or designate any boun-
daries thereon, by marking trees or other
wise, until thereto duly authorized by
law; such offender or offenders shall for
felt all his or their right, title, and claim,
if any he hath or they have, of whatso-
ever nature or kind the same shall or may
be, to the lands aforesaid, which he or
they shall have taken possession of, or
settled, or caused to be occupied, taken
possession of, or settled, or which he or
they shall have surveyed, or attempt to
survey, or cause to be surveyed, or the
boundaries thereof he or they shall have
designated, or cause to be designated, by
marking trees or otherwise. And it shall
moreover be lawful for the President of
the United States to direct the marshal,
or officer acting as marshal, in the man
ner hereinafter directed, and also to take
such other measures, and to employ such
military force, as he may Judge necessary
and proper, to remove from lands ceded
or secured to the United States, by treaty
or eession as aforesaid, any person or per-
sons who shall hereafter take possession
of the same, or make, or attempt to make,
a settlement thereon, until thereunto au-
thorized by law. And every right, title,
or claim forfeited under this act, shall be
taken and deemed to be vested in the
United States, without any other or fur
ther proceedings.
The intention of these laws is to pro-
tect the bona fide settler in his Just rights,
and in the enjoyment of the fruits of his
toll, privations, and enterprise. Well and
nobly have they earned that protection,
and most fully shall they have it, and that
to the most liberal extent, so long as the
laws remain as they are, and the execu-
ton of them is intr1sted to your ohedient
servant, JOHN WILSON, Com'r.
Hon. ]. w. WHITFIELD, Ho. Reps.