Weekly hawk-eye and telegraph. [volume] (Burlington, Iowa) 1855-1857, 1855-12-05
VOL mo. 1.
swamp ana orersle,e.l lands. =. = ]

l.
The following Circular 10 the several County
Judges OF this State, from the Office of the Exoc
uare, explains Itself Al the necessary forms
are appended for proving ap and securing 10 The
several counties, the swamp lands granted b,
the ac, Of 1850:
ExEcrrivE orricE. Iowa,
strn Nov, 1858.
TO tde County Judge Of County: :
SIR: Herewith you win find letter and Ia.
structons from the Commissioner Of the 6ener.
al Land Office in relation 10 the SWAMP and
overtowcd Lands" belonging to the State or
Counties which have been sold bv the. United
States Government since the 2sth Sept 1850.
As the lands and their proceeds have been
granted hs The State to the Counties In which
they le respectively, it evidently becomes the
duty as IT Is the interest of the cornty au,hor..
ties to take immediate steps TO prove up their
title to the purchase money paid for such lands
The instructions for doing SO will be found be-
low. Your obedient servant,
JAMES ". GRIMES.
GENERAL LAND OrricE,
Nov. srp, 1865 D..
HIS Ercelieney, james ". GRIMES, Governor af
io'ca, burlington, LoVa:
SIR: In the second section Of tho act OF Con.
gress, approved March I'd, 1858, fStatu,es al
large, 1855, Chap. l47, Page s34) "for the rclict
OF purchasers and locators Of Swamp and Over.
howed Lands, il is directed that, "upon due
proof by the authorized Agent Of the State o,
States before the Commissioner Of the General
Land Office that any Of the lands purchased
were Swamp Lands, within the true intent and
meaning OF the act aforesaid, (referring 10 tho
Act OF 2sth Sept, lS5o,) the purchase money
shall be paid over to the said State or States and
where the lnnds have been located By warrants or
scrip the said State or States shall be authorized
to locate quantity Of like amount upon any Of
the unsod public lands subject TO entry at one
aoiiaf ana quarter per acre, or less and
patents shall issne therefor upon the terms and
conditions enumerated in the Act aforesaid pro.
vided however, that the said decisions of the
Commissioner Of the General Land Office shall
be approved by the Secretary of the Interior
Upon revision Of the basis which had been
suggested by this Office for the adjustment OF
the claims of the several States under this prov.
sion of the law, the Honorable Secretary Of the
Interior decided that "the due proof referred TO
in the second section Of said act must be regard,
ed as relating to such as shall have been taken
subsequent to that upon which the Swamp 40.
lections are based The matter now comes be.
fore this office for information as to the kind OF
proof the Department viii require from the
State authorities, pursuant to the Secretary's dc,
cision, in order to enable the States to reali.a,
the benefits OF the section Of the act aforesaid.
have therefore to advise you, that pursuant 10
the Secretary's decision and with his approrll.
the following will be required 3 ss# y
That the Agent Of the State shall file with the
Register and Receiver of the proper local land
Office, the afidavits Of the esevera purchasers and
locaters, that the tracts purchased or located by
them respectively, were Swamp Lands within tho
true intent and meaning of the Act of Congress
approved Sept. 90. 1850. statutes at large,
Vol. 9, Chap 81, Page, 5l9,) and as such, right.
fully secured to the State under said act
Where the purchaser from the United States,
or his assignee, refuses to testify or dcclarcs no
was ignorant of the character of the land on tho
10th September, 1850, the Agent OF the State
should obtain the testimony Of some competent
and well informed witness, residing near tho
land, and present 1t with the Agents own affida-
Wit that the testimony for reasons he should MS.
sign was the best that could be procured
The Register and Receiver upon the receipt oi
such testimony, will report the same TO this OF.
flee with their opinion upon its merits and in all
cases where the showing in this form, Is satisfac-
tory the General Land Office will recommend the
payment OF the purchase money to the State, or
the issue of special certificates authorizing tho
location of other lands in lieu of those located
with Military Land Warrants or Scrip. 4 80.
enclose herewith blank form which may be
used in preparing the affdavits hereinbcfore re.
ferred to. ....-.- . a., ~,
This Office is now actively engaged in prepar.
ing for the adjustment of the law of 1855, ta-
king the States up in regular order You will be
furnished with lists of the lands in your State
sold or located at the several United States Land
Offices after the passage of the act Of 2Sth Sep.
tcmber, 1850, as rapidly as the same can be pre-
pared, in order that you may be enabled to pro.
ceed in the procurement of the necessary evi.
dence. With great respect. your obt servt
&c.. ..-. THO'S. A. HENDRICKS, a-.
3. .r s-.e....V .s.. Commissioner,