The weekly Minnesotian. [volume] (Saint Paul, Minn. Territory) 1852-1858, 1855-04-28
The Reserve Lands---Report Of the Spy.
WASHINGTON d. G.. March %. 1855.
. 7','l'sG = = -t,', 80 0'
Hon. r. MCCLELLANDJ Secrefarv of the Lafey;0

Hon. r. MCCIEILAND,I Secretary of the L,terie
SR:-On thellth day of September last, th:
portion of the Fort Smelling Reserve lying O
the left bank of the Mississippi river was offere
at public sale under Proclamation of the Pres
dent, a copy of which is hereby Transmitted
In accordance with the notice thus given. til
sale took place at Saltwater on the day afort
said, and was attended by large cOncourse
| people inter ested in the purchase of the lands
and all the lands offered for sale, were bid 70
and purchased at the minimum price establish
ed by law. ar gag t1.- - lce s-a ~
| In letter dated the 18th of September tn
Register and receiver of the Land Office at Still
| water, notified the Commissioner of the Genera
Land Office of their belief in the existence of
| combination (which prevented said lands from
being soldfor more than the minimum."
On the 4th of October they were instructe,
by the Commissioner 10 report the facts an,
circumstances going to show the existence o
such combination, with the testimony the,
might be able to procure on the subject. In
letter of the 9th of December these gentlemen
replied that their ''bcief in the existence of tn,
aforesaid combination was based mainly upor
public rumOr," &C., and :" that the utmost har
mony prevailed during the SALE" The commits
sioner in letter date February I'd, 1856, cen
sures these officers for having in their commu
nication of September 18th, by implication al
least, charged the purchasers at the sale there
in referred to with being guilty of an offence
against the laws of their country, ior which, il
convicted, each would have been. liable to q
fine of one thousand dollars and two years I'M
prisonment, and that too upon mere rumor
which upon investigation seems to have been
without any tangible 'foundati0n.p' A copy oil
this correspondence is herewith submitted. q.
1t is provided by the 74th section of the Act
Of March 3lst, 1880, regulating the sales ol
the public lands that, !" Ifany person or per-
sons shall before or at the time of the public
sale Of any of the lands of the United States
bargain, contract, or agree, or shall attempt to
bargain, contract or agree with any other per-
sons, that the last named person or persons
shall not bid upon or purchase the land so offer
ed for sale, or any parcel thereof, or shall by
intimidation, combination or unfair manage
ment hinder or prevent, or shall attempt to
hinder or preventany person or persons from,
bidding upon or purchasing any tracts of land
so offered for sale every such offender, his, her
or their aiders and abettors, being thereof duly
convicted, shall for every such offence be fined
not exceeding one thousand dollars, or mpris-
onment. not exceeding two years. or both in
the discretion of the court.r .s.al .-..- .a.
desire to call your attention TO several i'm
portant facts connected with this subject, and
TO submit for. your .consideration,suchp proofs as
are in my possession, tending to show that such
a combination did exist; that the Register
and Receiver at Saltwater could have obtained
the proofs had they performed their dnty: that
ADMINISTRATION under official instructions has
taken place; and that if these sales are confirm
ed the government will be defrauded out OF
three hundred thousand dollars, which of eht
belongs to the people Of the United States and
not to the citizens of Minnesota. q ~ ~
The act of March Sd, 1907, securing the Gov
ernment the exclusive right to, the public Re.
serves provides that .spersons taking possess
ion of or making settlements on any lands ce.
ded or secured to the United, States, not pre-
viously sold, or the claim to which hasnot been
recognized, or persons causing such lands tc
be occupied surveyed. &c.,Rntil authorized bs
law. forfeit their right, 6C. " - - ~ t .
Under the provisions Of the act of August 26
1853, reducing the limits of the Fort Smelling
Reserve, the Proclamation Of the President
offers for sale certain lands within the Reserve
on the left bank of the Mississippi, .'schich
lands are not subject to pre- enption claims. .
In the month OF February last visited these
lands personally, and found that claim houses
had been built upon them for several years
past; that long previous 10 the sale, these pre-
tended claims had been in the possession Of
spectators living in st. Paul. and that the ae
tual value of said lands for more than twelve
months past has been from forty to three hun
dred dollars per acre., q, ,,,, I'll. ~ .... -,5-
The portion of the Reserve offered for sale
lies between the towns of St. Anthony and st
Paul, and derivesits value from the proximity
of these towns which are but nine miles apart
some of these lands bordering on the town O
st. Paul were held at two hundred dollars an
acre, previous TO the sale and are now mucl
more valuable. The, average value of The
whole tract is at least eighty dollars per acre
II consider the value an important point tend
ing to show the existence OF q combination tC
prevent the government from deriving more
thana minimum price. No pre-emption or 9th
rights were recognized by law, and free compe
tition was invited by the terms of the procla
nation. .srs .r7.t., z7-....t r.,.'.. s.
/ To suppose that the land agents and specu
tors who We're present, were prevented from
Abiddidg from motives of personal friendship fol
the claimants, holding possession of the lands
would be to cast an impntation upon their char
acter as business men. not compatible with the
known reputation ofland speculators through
out Minnesota. 80
iieI respectfully submit a copy of, a protes
signed by Lyman c. Dayton, and filed in til,
General Land office. showing that on the Stl
day Augusta month previous to the sale
Charles r. Rice sold to said Dayton forty. sever
acres of land within the reserve, for the sum
1887, which land the said Rice bought at pub
lie sale on the lth Of September. for 81 25 pc
acre, or abont $50. ~ 80. -.-..
r Inthe agreement accompanying the protes
"a copy of which is also submitted) Mr. Ric,
| g binds himself to the amount of the consdera
! ton paid to him to use his influence and d,
every thing for the projection and securing &
/ the claim to- the said Dayton. as if he alone wa
interested, !" and il is also agreed that the sal,
Dayton pay or cause to he paid, pro rata ex
pense OF obtaining title to the lands, he to in
cur all the risk in, the premises, and possession
of said /, land to remain in the said Rice unit
4 title is obtained as Aforesaid ems @
- In its relation to the Government this cas-
stands upon precisely the same footing as al
others. ,..s..- ~ " '-'s 'iAa
/ 3 Most of the claims in whole or in part chan
/ ged hands at high prices, ranging from forty +
! several hundred dollars per acre, previous t
the sale. Il contend therefore that the follow
] ing facts are establshed:, ,.,-l...c- -.. sf, r
| list. That a portion Of the lands sold at til
4 government sale for 81 25 per acre, or abou
lh$60 in the aggregate, was sold one, month pre-
d yious1y atipriyate sale for about Sn, per acre
4 or 81 ,927 in the aggregate. f.i.4 ri sa
4 I'd. iThatsif Afr. Dayton was not aware of til
4 existence of combination an was not deter
cd from bidding by that knowledge,it woul
4 have been to his sinterest to bid from 81 25 Dc
acre up to the amount which he actually paif
! Ebeeause be could thus have obtained withou
risk and directly from the government tras
of land for which he paid ,927 with all iii
risk which attaches to transaction not vail
in law, See sec. s. Act March 81, 1880. ~ t'u !
ii1a 3d. That Mr.. Rice bound himself in consjde
3 alton of a pro.rata share Of the expense fro
Il Dayton, to ,."'user his influence and do ever
thing in his power, to secure tho claim,'' whe
the only process required by law was for Il