New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1856-12-30

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four'inch Colt. His wound is healing. and be has
heard no more Of the two rufians. But such
frollc IS mere tri1e for Kansas "Law-and.
Order man.
CLOSE OF THE LAND SALES ATLEAyEN-
WORTH.
From Our Special Correspondent
LEAvENwORTH, X. T., Dec. l6. 1856.
Last night, or early this morning, Mr. Eide,
Commissioner to sell the Delaware ceded lands,
left the Fort and started for Washington City.
Last Friday night, the whole Of the land exclusive
of what had been surveyed into town lets was sold
and on Saturday the sale Of lots commenced with
the town Of Jacksonville. Hardville, Hickory
Point, North), and Delaware were next sold. The
towns Of EastOn and Alexandra were not surveyed
as town sites at the time the land surveys were
made, and the original owners purchased them as
squat'er's claims or land. On Monday night the
sales were adjourned M usual until next morning
when Judge Latta's addition to the City Of Leayen
worth, which is q claim, surveyed and subdivded
into blocks OF ten or twelve acres EACH was to be
sold. The Commissioner stated that his instrJc-
tons were not to sell the lots on which houses were
not erected, unless they brought nearly their full
yalue in point of fact not regarding them as claims
The position taken, although not strictly adhered
to, to allow one TO purchase at the appraise
ment price unless they occupants or actual res
idens of the subdivision of land offered, be il squat
ter's claim or town lots However much justice
there might have been in applying this rule rlgidly
TO land claims ii is a somewhat different matter as
regards subdivisions into town lots. So rapid has
been. improvement in this Territory, even in spite
Of all the difficulties that have existed, that in
some cases the subdivision Of a claim into a town
seemed imperatively called for The person thus
subdividing his claim could not, as a matter of
course. live on every subdivision, and that he
should thus forfeit his right, may appear rather
hard. Again this decision would strike a severe
blow at all the property in this city. Many men
who have owned several lots have built and rented
under the decision the person renting could claim
the right Of occupancy, and purchase at the ap-
prasement value over the head OF the real owner.
All lots Oh which there was no improvement would
thus be sold as unclaimed land to the highest bidder,
the person who had previously bougS. them having
no advantage over other purchasers.
1t was clearly evident that difficulties would be
likely to ensue from selling the lots in this city IN.
der these instructions. If the rights of squatters
on these coded lands were to be respected at all
as has been done in of the land claims, there
can be no good reason why an invidious distinction
should be dpkg1 prejudicia to The holders of town
property. vbder these circumstances the Com
missioner felt the awkwardness of his position.
Gov. Geary urged him to proceed with the sale,
waving the special Instructions, and respecting the
rights of bona fde claimants, in other cases, and
volunteered to stand between him and RESPONSE
bility. The Commissioner did not feel prepared TO
do this, hence bis hurried departure for Washing
ton. He bears one letter from Gov. Geary and
another from Gen. Smith, urging upon the au.hOr-
ties at Washington the prOprety OF selling the town
property in Leavenworth and vicinity at the ap-
praisement, and respecting the rights of those who
have built city here, and who, by purchase or i'm
provement, have become property holders Mr.
Eide has stated that he will endeayOr TO have his
instructions altered so as to sell at the apprase
ment; or, in bis language, so that "nether the
Indians nor settlers would be wrOnged." learn
that he will not return, but will resign his post as
Commissioner in case the request that carries him
to Washington be not complied with.
During his absence the sales will be adjourned
from day to day. He proposes to return so that
the actual sales can be concluded at early day
40 possible; bat weeks, even months may elapse
before the sales are resumed meanwhile this place
must suffer sqerely and be kept from improve
ment by the uncertainty OF titles. Capital Is timd,
and in the face Of such facts no excitement or ex
traneOus influence can restore the confidence neces-
sary to give the proper zest to enterprise
Under the appraisement made by the Indian
agents, the lots in Leavenworih city were hxed AZ
a value ranging from S3 to $l2 each. As matter
of course, their present commercial value is much
greater There are lots in this city which no
house is built that could not be bought for $500.
Sums not much short of that have been paid for
such title as could thus be given by original claim
ats to lots Even back ftom the landing, or CEN
trial husine ss- point the commercial value of build
ing lots will average several hundred dollars EACH
Under such circumstances the reader can fancy the
state of affairs that would likely exist here among
all parties if all lots, which a house was not
built ard occupied, set up at auction regard
less of the claim of those who consider themselves
the owners, and whose improvements, capital and
enterprise have given the land on which the town
is located much of its present value.
There is another view of the subject. The Della
ware Indians ceded this portion OF their lands to the
Government on the conditions that the Government
uld survey and sell it at auctios to the highest
bidder, on their behOOf The faith OF treaties may
seem TO require that this should be carried out 10
the letter. Ii may BIZ argued that the Indians
are entitled to the full value Of all that the
whole of this ceded tract would have brought az
auction, whether claims had been made on It or
nor Utterly regardless, indeed OF al such claims,
and the nchoate titles growing out OF them IL the
positon be taken that the Indians are to be entitled
10 what the land would bring without regard for
the improvements OF squsRers, The rule snould
have been one of general application. tkere Is no
instice in deciding that a certain portion of the
souatters should purchase at a low or minimum
rate on account of real OF supposed improvements,
and that others should have the rights claim they
have acquired in this way, disrega-ded. The case
ia pecuar. The rule under which those lands
we're TO be sold was different from the mode Tor
merly adopted, but then II ousat to have oeeh
uniform. n..
On the simple merits of the case the Deiawares
we're .ot entitled to the value q tAe Improvements,
or the value that sprang froa the Improvements.
he souatters should either base been kept on or
their rights respected when they were permit ed
10 settle. 1t is unquesticnably fact that the aP
urs;seneut value Of the land about this city is
- I;aLcr than IL youli have been had the cty