The Kansas herald of freedom., 1855-01-13
General jpteiIigeqce.
Pre-emptions.

Questions having been presented 'tas
to the legal relation between certain pro-
visions of the act of Congress of July 9sd,
1854, to which the offices of Surveyor
General in New Mexico, Kansas, and Ne
braska, to make donations to actual set
tiers therein. and for other purposes. and
certain treaties of May last with the Del
aware, Iowa, and Wea Indians
Mr.. CUSHING, the Attorney General,
has given an Opinion thereon TO the Sec
retary of the Interior:
By the treaties with the Indians above
named, the United States are to offer at
auction all the ceded lands, except the
Outlet" which was ceded for the spe-
cific sum of ten thousand dollars and
such of said lands as are not sold are TO
be subject to private entry for certain
period. All such as remain unsold, af-
ter being subject to private entry for
three years at the minimum government
price, may be graduated and sold--the
proceeds, however, except the cost of
surveying, to be paid to the Indians.
HE "Outlet" is subject to pre-emp-
ton, because it is excepted from the land
to be sold for the benefit of the Indians
and so are other lands previously ceded.
and to which the, Indian tile Is extinct.
And "here 1.-THE Attorney General says)
is ample field in which to give effect to
the pre-emption provisions of the act of
Congress. '.1l9e s . H2
The Attorney General scouts the idea,
put forth by persons who desire to take
pre-emptions, s'that tie act OF Congress
raises contract between the settlers and
the Government The obvious answer
to'the suggestion is, that no implication
of Legislature contract between the gov
ernment and individuals can be raised bv
d mere violation of law.
The whole substance of the argument
Of the Attorney General is given in the
concluding paragraph
In fine, nay opinion is, that the act
OF Congress gives pre-emption only in
such of these lands ceded as are not re-
quired first to be offered at public sale
that the lands ceded by the Delawares,
lowas, and Weas, under condition of be-
ing hrst offered at public sale, are no
more opened to pre-emption by the act
OF Ceagress than was the military reser-
vatioh at Fort Leavenworth that those
asA&s cannot be taken up by settlers un-
Ser claim of pre-emption and that all
claims of pre-emption there will be mere
ly void in law, and viii confer no right,
now or hereafter, on which to demand
the issue of patent from the Commits
sioner of Public Lands
In reference to the extent of the new
Territories, the Intelligencer remarks:
Frequent inquiries are made by per-
sons disposed to turn their faces towards
the setting sun, as to the extent of these
new Territories. Kansas has an area oi
1876. .282 square miles, equal to 8o,8e1,,
12J acres of land. To large portions ol
this land the Indian title has not been ex-
tinguished; but enough is open for set
tlement to satisfy the most eager enter,
piise for years to come.
According to Mr.. Manypenny, the
lands in the new Territories acquired BY
the recent Indian treaties, may be classi.
fed thus:
Under presumption, twelve millions
seven hundred and eleven thousand eight
hundred and forty acres.
Lands subject to sale as United States
lands, with the power in Congress after
limited time to graduate and reduce the
price, six hundred and sixty two thous.
and six hundred and sixty acres.