The New York herald. [volume] (New York [N.Y.]) 1840-1920, 1856-01-06

tempafec "a a
ter March ss and prior to passage Of the proposed
law, may be adjusted or confirmed.
United States reserved secons no liable to entry
under the presumption act 81 4h September Is4l bu Nv
the OF 20 March 1855 sneh sections are subec ed to
the emption settlement and entry, a. the
on which the claim is based be made prior
TO The final allotment Of tine slternle sections such
railroads by the General Land Office" Il has been
cided by this Office that tese IONS after th-y ma
been osed TO public sale ain oeeone subs, TO pre-
empion at the minimum fixed for their SALE
1t proposed 70 amend the act Of lS5 10
such sections liable to pre- enp n as well when the set
item emit made after befre the allsmeut-hat is
at time after the withdrawal of the lands tor railroad
purposes and before the public sale.
The presumption act Of 1871 confsrs preference right
Only where the settlement is made sub equent 10 the
vey. This modified by Iegsia ion ia 1853 and 185
TO extend to lands in California Oragla
Minnesota Kansas, Nebraska and New Mexico.
1t suggested that be eemp'ion laws be Sc amended
az 20 authorize settlements generally en- uusu~veyei
lands and whenever upon return VI survey
eters are found residing apon the quarter section
hat The entity be made by them jointly allowing to each
settler, in addition, adjscent legal subdivisions
occur led apds rot u exec LOO in jail TO
pIman. mt settler, and not to impair the tight Of any
other actual settler to his previous settlement.
The law allows Registers to purchase lands OF the go
verrntnt by application to the Surveyor General ad
di' ect appcsi n the Register in ordinary cases
The and civil law alike forbid the uuon in tn
Of the opposite character OF buyer aud seller
even in fduciary. ! why The excuso /
i ON purchase should not be extended equally to the
cal and all other officers connected With the admnstra
lion of the land system, exists by law in to
the employees Of this Office AMI IA to all such recon-
mend the exclusion be directed by positive enaetment.
Attention again respectfully invited . the detective
condition OF the records of Virginia military patents
which numerous instances whore, instead Of
plee record of grant, the pats ana surveys
are merely posted In volumes evidence Of the issue Of
patent 1t is suggested uat authority be given to per-
feet these records IN p rmauent and systematic man
per thai transcripts from them shall be OF eur,
lefty evidence Of title exempi6catin from the
original Patent itself
The act of Congress approved July g. 1885, provides
Of Wisconsin
including the towns Of Fort Madison and Barluxton, ia
county OF los shall be aid of into to lots outots,
&c" and that within six months thereafter the lois
shall be offered to the highss bidder public sale
the direction Of the President Of the United States aud
at such other times as be shall thiak proper"
appointment OF Board Of Commissioner to determine
PIE emption claims to lots arising under the aforesaid
act Of July 1886, and cDacts that after all the pre-
empon shall have been heard and determined rhe
residue Of the lots shall be exposed @ public sale to the
highest bidder, after adver tisipg. &c.
This legislation provides only two modes for the dispo
sal OF the lots in question to by preemptton aad
by public sale" AND this Office has decided that private
legislation au. arizing the same, and fixing price at
which such entries may be made. Legislation to this
effect is recommended.
BY the act of Congress approved July %, 1854,
creating the oce of Surveyor Gene cal of New Maxc
it is msde his duty, under instructions from the
and extent Of all claims d under the aw usages
and customs OF Spain and Mexico, and for this purpose
3y issue notices. summon witnesses ADM lister oat1s
and TO make full report on all such claims.
The constructions plated by the law were passed
uni date of 21s August 1854 and dpat hed to toe
Surveyor General, prescribing the line Of his duty, and
tive at Washington in possession OF such report viii
enable to legislate undersandngy in the way
Of con6I nation.
In letter Of 31st May last da ed a. Santa Fe, the
Surveyor General refers tho .vsst labor which has
pert in settling the titles to the private land
claims in this Territory stating tina. '.thirtyfve hun
ded dollars allowed to the Surveyor General Of Oregon
and Washington and forty five to the like officials In
California as salsIies ~here they exempt ON this
descIicn of duty ard TO give an idea of the amount
:, THAT in accordance With" hi,
he called upon the Surveyor for AL the papers 10
the public archives relating to the private laud
put up in bundls large goods boxes without any
reference TO what in them, and said it was an
work to make the selections necessary, and
that he could Tot have performed &c that there
seemed TO be about two wagon loads Of papers, the
cumuls Of some two hundred and fifty years" The
Surveyor General further reports that he placed two
real business men, Spanish scholars making The seec
ons that they have been at it from the frs Of jam
found veey large number Of importan: pspe-s in
aon to the LANDS granted to settlers in New M7xic
which for Intelligent action be thinks Deeessay to be
aoudicate6 by the Surveyor General who has also to
attend to the donacna and the surveying Of the pub
tic lands y il is nsdecd just and necessai that APP
pIc ration should be made suicea at least t. enable
hat officer to hava such systematic arrangement Of
tbese archives selections and TRANSACTIONS will fur
Dish him reliable data in acting upon these ancient
titles.
In his ANNA, repor just hand AMI received siace
The foregoing written, the fact Is communicated ths,
there many land titles in the archives OF the county
eats Of the Territory; that he ia a6vi ed that al the
grants mace between the s conquest OF the Territory
ind its re conquest in 1878 in the archives At ri
Psso the former capital whore also deposi,ei the
grants individuals in the Meslla Valley, AMI ia the
territory acquired by the Ga dsden treaty OF S0th Deem
Der, 1855.
II is deemed important that an appropriation be
made to enable that officer to collect and properly
Territory
With unadjused private land titles. Further legisl. ion
is also recommended by the Surveyor General with
view 10 their and authority desired for
ming the boundary ne between Texas an New Mexico,
in orcer that he may close his surveys therein:
The act of 9th July 1854 made provision for board
Of commi. toner's tVncenner, 10 ascertain aud adjust
the titles TO lands In lnoapa under the several Of
Congress making and c:nhr%iug gan's to settlers; II
granted, any part or subdivision thereof Who
produce to such commissioners regular chain of title
from the oIgisal confrnee to himself" &C., shall De
confirmed in the ii lie " and section directs that
patent shall issue ITO each claimant 80 confirmed in
The construction given to the Law is that it
applies only TO such rural claims may have been sub
divided and no. TO town lots and does o. therefore.
contemplate the issue of patent for each portion of
lots parts Of lots but that patent sha issue TO-
The original claim that the title under it will inure
the lot hocer. This construction officially
ncated TO the commiss toner's for their government
By the limitation of the sixth section Of the act the
board required TO close Its sessions the lat of sept
is55 They closed accordingly and d report has
been received The cockst SHOWS list OF go citas
abouteO are marked confirmed" AM OF time has pre-
ven proper examination Of the report It is evident
however that the busns his not been ete and
in olde to close up satisfactorily H. will be necessary
TO revive the board to create commission And
in Of further legislation for that purpose it is sug
gested u at one commissioner be for limited
pericd to decide claims which from any have
failed to BIS acted upon by the late board.
The Register and Receiver assault Ste Mar,, Michigan,
have recently made their report under the of Con-
gress, approved September 2e 1850, entitled sAn
providing for the examination and settlement of claims
for land at the saut Ste Marie Michigan They return
$50 brought before them, 14 Of which have been
approved by them Il rejected and the remaining IL
6efnitely acted upon.
The action of this Office upon said report far time
has permitted has resulted in favor Of the confirmation
Of go OF the claims the suspension Of Al for further
sideraon, and the rejection of % Of them. =
In the progress of the business some difficulty has
arisen Il ON conflicting titles, in few cases. but little
trouble is apprehended IN their final settlement
Under the act Of March q 1855, the account bet
The United States and the State of Alabama adjusted
and stated the ed of March last required by said
act from which II appears there was due the State
For the 2 ne cent fund the o.