The daily union., 1856-01-18
THE DAILY UNION

rsquldng he requisi. testimony the propsr time and
which could then be furnished but which circumstances
beyond control may prevent the party interested om pro-
dncing al subsequent period the entry s suspended
eanceled 10 meet and confirm not ony esses q TINS
character but also purchases oftg private sale
medal statute passed by Cungres the Sd day Of
August l646, which law, having expired by Limitation,
reoiCed by approved March b 1865 and is 10
nue In force for ten wears from lis date for the adjust
ment OF suspended entries and locations existing at the
time OF its passage number Of cases similar 10 ebarac
ter having arisen and been suspended since the ID Of
March, 1853 and the executive having no power under
ng legislation 10 release them from suspension, Il Is
recommended that Congress amend the said act OF 1888
that all detective entries OF the character contemplated by
the of 1916 and 1853 made and after March 8 1853
and prior 10 the passage Of the proposed new law may be
adjusted or confirmed,
United states reserved sections not liable TO entry
under the presumption OF September s4i but by the
Of March 1853 such sections subjected to the pre-
empiioh settlement and entry at the minimum liked by
law for their sale provided the settlement and improve
which the claim IL based be made prior TO the
final allotment of the alternate sections to such railroads
by the General Land 0hce i has been decided oy TINS
Office that these sections after they have been exposed W
public sale again become subject to pre-empion aLhe
minimum fixed for their sale.
Itis proposed TO amend the of 1859 aso render
such sections liable to preempon as we+ 1sh the settle
meht mado after before the allotment that Is, at
any time after the withdrawal of the lands for railroad
purposes, and before the public sale.
The presumption act of la4 coniers preference right
only where the settlement is made subsequent 10 the
vey. This modified by legislation in 1853 and 1854
Minnesota Kansas Nebraska, and New Mexico.
suggested that the presumption laws be amended
TO authorize settlements generally nnsurveyed lands
and whenever, upon return of survey, two more set
tiers found residing upon the quarier-secon
that the entry be made by them jointly allowing to each
settler in addition adjacent legal subdivisions OF nnoceu-
pied lands to exceed lG0 in all 10 each pema
nent settler and not 10 impair the right OF any other ac
tual settler TO his previous settlement
The law allows registers to purchase lands OF the govern
ment by application to the general and practice
has sanctioned purchases by the direct app
cation the register, in ordinary The common
and civil law alike forbid the union in the person Of
the opposite character OF buyer and seller even in fdu-
ciary why the exclusion from purchase
should be extended equally to the local and all other OH
connected with the administration OF the land system
exists by law in regard the employees OF this office
and us to all such recommend the exclusion be directed
by positive enactment A
Attention is again respectfully invited the defective
condition Of the records of Virginia military patents in
which instances where instead of complete
record Of grant the plats and surveys themselves
merely pasted in volumes evidence OF the issue OF pat
ent Ii is suggested that authority be given TO perfect
these records in permanent aud systematic manner
that transcripts from them shall be Of equal validity evil
dence OF title exempfcalion from the original patent
ITSELF
The act of Congress approved July ., 1885, provides
that the tracts of land in the Territory of Wisconsin, in
cluding the towns of Fort Madison and Burlington, in the
county Of Des Mones Belevieu Dubuque and Peru in the
coanty of Dubuque and Mineral Point in the county of
lona shall be laid of into town lots out lots, &C. and
that within six months thereafter the lots shall be offered
to the highest bidder at public sale under the direction OF
the President of the United States and at such other times
he shall think proper
The amendatory act Of March g. 1887 provides for the
appointment OF board of commissioners determine pre-
emption claims to lots arising under the aforesaid act Of
July q 1885, and enacts that after all the pre-empon
shall have been heard and determined the residue Of
the lots shall be exposed to pubc sale the highest bid
der, after advertising" &c
This legislation provides only two modes for the dis
posa of the lots in question WIT by presumption and
by pnblc sae and this Office has decided that private
entries of such lots cannot be permitted without further
legislation authorizing the same, and fixing price
which such entries may be made Legislation to this
/ effect is recommended.
BY the act Of Congress approved July o. 1854 creating
the oce of surveyor general of New Mexico IL is made his
duty under instructions from the department TO
tain the origin nature character and OF all claims
TO lands under the laws usages and customs OF Spain and
Mexico and for this purpose issue notices
witnesses administer oaths and to make full report
all such claims.
The instructions contemplated by the law were prepared
under date August 81, 1854 and despatched the
veyor general prescribing the line OF his duty and direct
ing the to be pursued TO place the Executive
Washington in possession of such report as will enable
Congress TO legislae undersandngy in the way Of
brmaon
In letter of 3lst May last dated at Santa Fe the sur
yeyor general refers the labor which has 10
performed in settling the titles the private land claims
in this Territory stating ba' thrty-ye hundred dol
lars allowed to the surveyor general OF Oregon and
Washington and forty five the like officer in California
salaries where they exempt from this description
duty aud, TO give an idea Of the Of business in
the claim department Of the Office" reports that in
governor for all the papers in the public archives relating
to the private land claims when he showed him "a
OF papers put In bundles large goods boxes with
out any reference 10 what in them and said IL
enormous work TO make the selections necessary and that
he could not have II performed Sc that there seemed
TO be about two wagon-oNds of papers the accumulatons
Of some two hundred and fifty years. The gem
era further reports that be placed real business men
Spanish scholars making the selections = that they have
been at 1t from the first of January present without
getting through have found very large number of i'm
portant papers in relation the lands granted settlers
In New Mexico" which, for Intelligent action " he
thinks necessary TO be translated" As these claims are
TO be examined and ndjudcated by he surveyor general
who has also to attend the donation and the survey
ing OF the public lands II Is considered Just and
that appropriation should be ide sufficient least 10
enable that officer to have such systematic
OF these archives selections and transations will fur
nish him reliable data In acting upon these ancient titles
In his annual report just at hand and received since the
foregoing was written the fact is that there
are many land titles in the archives the county Of
the Territory; that be Is advised all made
between the FIRST conquest OF the Territory and It's
quest in 1878 in the archives al III Taso the former
capital where arc also deposited the grants individuals
IN the Mesia valley aud 10 the territory acquired by the
Gsdsden treaty Of December 30 1883.
II s deemed important that an appropriation be made 10
enable that officer collect aud properly arrange all the
archives OF the Territory connected with unadused pr-
yate land titles Further legislation Is also recommended
by the surveyor general with view their adjustment
and authority desired for running the boundary line be-
tween Texas and New Mexico in order bat he may close
his surveys thereon ,.r.. 81
The act OF July 27 1884 made provision for board Of
commissioners at Vincennes ascertain and adjust the
titles to lands in Indiana under the several ac OF Con-
gress making and confirming grants to settlers
II was provided shat every claimant 10 any tract OF
land granted, subdt thereof