The weekly pioneer and Democrat. [volume] (Saint Paul, Minn. Territory) 1855-1865, 1856-02-21

the 18th instant, I enclose to you, herewith, q
copy Of the decision Of the Department, relative
to the public sale NJ saltwater, Minnesota, Of
lands which lie within the Fort Smelling Reser-
walton.
lam, very respectfully your obt serv't,
Tuos. A. HsSDRIcKs, Commissioner
GENERAL LAND OYyICg,
January 18th, 1856.
Sr: have the honor TO return communi.
cation made by j. Ross Browne, Esq. Of date
March %. 1885. relative TO the sale OF the lands
within that part # the Fort Smelling reserve
which lies on the left bank Of the Mississippi
river, made ut the saltwater land Uiice on
the llth Of Septer,ber. 1854. and tue reply
made thereto, by Hon. H. NJ. RICE, Of date
April 9th. 1855. which were referred TO this
Office on the II tn April. 1855, and. on the sub
ject of these communications. TO make the fol.
lowing report;
The report of these sales was made BY the
Register and Receiver 10 this Office, under date
September 10th, 1854, in which il is stated that
none OF the lands were sold for sum above the
minimum Of 81 Is per acre. and that the Re
gister and Receiver believe combination cx-
isted, which prevented the said lands from be.
ing sold for more than the minimum" | en-.
close q copy Of the letter accompanying the re-
turn. Immediately upon the receipt OF said
letter, my predecessor instructed the Register
and Receiver TO prepare joint report, setting
forth all the facts and circumstances going to
show that such combination or organization
had existed, together with such evidence as
they might be able TO procure on the subject
enclose the letter OF instruction OF date 4th
October, 1854 To this letter no reply was
made until 9th December, 1854 at which time
the Register and Receiver communicated to
this Office that they had been unable TO pro-
cure any evidence on the subject. and that their
belief OF the existence OF such combination
was based mainly upon public rumor, and that
they knew OF no facts or circumstances tend
ing 10 establish the TACT Of combination ex-
ccpt that body Of men on horses came into
the town OF saltwater, on the day previous 10
the sale. headed by bugler, and that il was
said they came 10 attend the land sales and that
=" some half dozen, more or less, cudgels or canes
were left on the ground after the people had
Disappeared They also state that the sale
took place on very rainy day. and that about
200 persons were present, TINT the utmost har-
mony prevailed, and that they had not heard q
single complaint from any quarter since the
sale :" and they express the hope that I" the
sales will lie confirmed and patents issued TO the
purchasers. ! enclose copy OF said letter.
also enclose copy Of a letter from Mr. Hen
DERsoS, dated 25th September 1864, relative
to the sale
At the sale there were sold sixty-six tracts.
amounting TO A, SAB SO acres. There were TWEEN.
tytbree purchasers. No person bought more
than 100 acres. except WV. X MARSHALL, who
purchased 80 tracts, amounting 10 2,G52, "A
Mr. MARSHALL. did not make the purchases for
himself hut for persons settled upon the lands !;
TO many Of whom he has already made con
veyances See copy Of letter from Hon il.
NJ. RICE, Of date 18th inst.
The lands werr worth. at the time OF the sale
largely more than the amour, for which they
were sold Their value resulted IN part from
their proximity to the towns Of ST. Paul and
81. Anthony, and in part from the settlements
and improvements made upon them and adjoIn-
ing lands. The facts and circumstances that
have come to knowledge Of this Office do moi
Justify the opinion. that the failure 10 realize
more than the minimum price was brought
about by an unlawful combination but, rather,
that il was the result ~ common sentiment
u
the benefit Of the presumption policy. and he
allowed TO purchase their lands at sl,25 Per
acre. While I would not allow that any rights
could b. acquired by combination AMI public
fraud. in violation of the act ~ Congress OF
3lsf March, 1880, ! am compelled To respect
that common sentiment. that, under tho eircum-
stances connected with these lands, would not
allow the government or speculstors TO reap
Al A. A Itfs lf1
settlers BY the net of 10Th August 1872,
the Fort Sneline reserve was reduesi. and the
1 Commissioner 81 The General Land Once was
required to csnse SO much thereof a was with
out the reduced limits. TO b. surveyed ard
- .ad al pubic sale That act Was understood
10 restore ibese land. 10 the iaass Of the pnblic
domain TO bring Their, under The general land
laws. and 10 sabrci tlem 10 pre-empho'i.-.
Immediately thereafter the settlers proceded
to assert aud prosecute iheir claims and dur
ing the uofihs Of September and octooer ie3Z
forty-ight applications were made unher ,he
pre-emption law These applications were dts
allowed upon decision nxle by this of'ice, to
the eiIec, that the language Of the act exelu-
del every mode Of disposal IL these lands except
lby public sale That construction Of the act
was not anticipated by the men who made se''
tlemepts and were prosecuting their improve
ments s1d, 10 my Judgment, lis correctness y
not free from doubt since that time the AT
has been smepdei. or rather received iegtsla'
tive construction ~ % 70 sllos the r'ght ID
preemptiou.
IN his report, Mr. j Ross BsowSy munitions
Eve persons who purchased land al the sale
srd who were no, settlers hut we're rcs,jebis
ofst. PauI II u sufficient answer 20 sas