The true Democrat., 1856-03-18
Circuiar-.s Swamp LanIs.'s

THOS. A. HENDRICKS,
 Commissioner.
 Circular--.'Swamp Lands.''
 General Land Office,
 February II, 1856. Register and Receiver
 GENTLEMEN:
 You have already been furnished with copies of the public notice relative to swamp and overtiOWed lands," issued from this office under date of 21st December last; and, also, with the form of affidavit required from con- testants of the States claim to lands aledged to have been erroneousy selected under the act of Congress approved September 18th, 1850 In the letter by which said papers were accom- panied, it was stated that further instructions on the subject would be furnished to you at an early day.
 The purpose of this circular is to set forth, in a brief and concise manner, the several steps necessary to be taken by you in conducting cases of the nature contemplated by the public notice, from their inception to their consumma- tion; and a careful and steadfast adherence to the rules herein prescribed will be imperatively required of you
 In the first place, you are required to receive all aifldavlts offered to you, endorse upon them the date of their receipt the name and address Of the party by whom filed, or his agent, and transmit them to this office.
 These returns may be made at such times as shall best suit your own convenience but shall not in any case, be delayed longer than one month, because 1t is essential that all attidavits should be sent here for examination as early as possible, n order that, fl any are found to be defective, to refer to lands exempt from obiec- ton, to embrace tracts previously applied for or present other difficulties, an opportunity for correspondence with the party, and for correc- ton ot the papers, may be afforded before the expiration of the time limited by the notice aforesaid.
 When the prescribed time (six months from the date of said notice) ahaI have expired, you Will be furnished with complete list of all the lands relative to which aifdavits have been hed, exhibiting the tract or tracts contested, the name oi the contestant, the date of appli- cation, and the order in which testimony is to be taken This will be sent to you in dupli- cate, one copy to be retained in your posses sion, as q guide to your own action, and the other transmitted to the proper State authori- ties having the control of the swamp land bu. slness with a notice setting forth, that, under the instructions of this office, you will on a certain day. at least thirty days thereafter, at an hour and place to be designated commence taking testimony relative to the lands, and continue the hearing from day to day until the business is concluded.
 At the time of giving notice to the State au- thorities you will also give or send notice to the several contestants, or their agents, whose names and residences you will find on the list, specifying therein tlle number of each partcu- lar case-as desig ignated in the list furnished by this otfice-and the particular day on which 1t will be reached
 This you must determine, as nearly as possi- bic, by an examination of the papers; and 1t is expected that you will exercise great care and discretion in the matter
 The important interests involved in these cases demand this at your hands; and your own labors will be materially lesscned by system atic and well considered arrangement.
 In the several States where the "swamp lands" have been donated to the counties the lists will be prepared as accurately as possible in view of the lack of information regarding their limits, so as to embrace all of the lands in each county, and the cases numbered and heard by you in regular order.
 The list furnished by this office will be your calendar, and you will proceed regularly through the same, without preference or favor to any party, calling each case on the day specified in the notice. Upon good cause shown you may pospone the hearing of any case, but with the understanding that the same shall be put at the foot of the calender, or heard at such time as shall not interfere with the rights or interests of parties awaiting your action.
 Great discretion must be exercised, however m granting postponements, and they should be seldom allowed except by mutual consent of the parties in interest
 It will De required that at least ten cases shall be disposed of on each day, unless the same embrace so many tracts that the labor cannot possibly be discharged in connection with your other official duties Whenever it may occur that a case arises which cannot be fully heard without much expenditure of time, it would. perhaps, be advisable, with the consent of the parties, to take testimony out of the regular hours of transacting business, so as not to in- tertere with the systematic progress through the calendar.
 The method of taking testimony will be as follows: On the day and at the time appointed. you will give notice that you are ready to pro- ceed with the case, specifying its number. cal Ing the name of the contestant or his agent. and also the party to whom notice has been is sued on behalf of the State
 The evidence of the witnesses for the con- testant must be first taken, reduced to writing and the dispositions subscribed in your presence The agent or attorney for the State shall have the privilege ot cross -eXamlnation;a ;and when the contestant has signted the conclusion of his toe. timony, witnesses on behalf of the States claim may be introduced and examined. The Gol- lowing interrosatories and cross .interrocatories copies of which, printed for this especial DIT. will be turnjc cha1 L ed to each witness
 INTERROGATORIES.
 State your name, age, and residence, and whether near the land in controversy.
 Are you acquainted with the character of the soil in the - quarter of the - ouar. ter of section ---, in township ---. of range - in the district of lands subject to Is your knowledge of that land based upon an actual survey, or upon mere examinationo Have you been over and examined the lines of sad land, and the marks or designations on the corner posts or trees?
 Were you familiar with that particular tract of land on or about the 18th of Sentembar looO; II SO state what was it's character at that tune, what has been its general character since and what Is its present character?
 Is or Is not said land susceptible of cultiva- tlon in gram or any other staple production, by reason oi swampy and wet character? s IS or Is not said land susceptible of cultiva- elon Tn gram or any other staple production, by reason of periodical and regular overflow?
 otate whether successfully to cultivate sad land, 1t would be necessary to use artificial means; if so, what, and to what extent?
 What portion of the land in question, from