The Washington union. [volume] (City of Washington [D.C.]) 1857-1859, 1857-12-13

mittcu 10 intention 10 and
is not required 20 pay for his presumption till the day APP
pointed by proclamation for public sale of the lands. Pub
lie policy may cause indefinite postponement Of the
sale of the land and the consequence h that with this
nchoate imperfect right he continues occupy without
perfectng his title. This privilege enter being per-
sona right its transfer or assignment prohibited by
law. GiAph3th iAiVf 5litaa-teE ~ eA
BY thus conoeding privilege, and fixing no time in
which he Is required to perfect his title interest is
created in opposition to public sale by proclamation
when the good of the country may require it, The sug
gestion, therefore, that settlers upon unoered lands
should be required TO make their proof and payment with
IN specified period, is approved.
Prescriptions upon unsurveyed lands now limited
to particular States and Territories. general law au-
thorizng pre-empons upon lands of this character,
pcseding repeating special statutes the subject
would conduce to the harmony of the system and such
law Is recommended
In order to all doubt in the construction Of ex
sng lsw presumption privileges should also be extern
ded to alternate reserved railroad sections In where
settlements have been made after the final allotment
The enhanced value of such lands presents only strong
reon why preference should be given to settlers
all others.
The mode of disposng Of the public lands under ex
stng legislation is simple uniform and complete Lands
introduced into market and opened to free conpet
ton at public sale by the President proclamation which,
at the time, notifies settlers to forward and
their homes at the minimum price without risk of
competition at public sale. Then such lands remain
thus undsposed of open to free purchase at private
sale, at the ordinary minimum of 81 rs per acre. or
always however with the preference right of purchase
awarded to the actual settler.
The public domain is the property of the United States
and the individual citizens thereof have equal rights of
purchase Actual settlers already shown, amply
protected by law from interference and efficient
guards thrown around their rights. AS evidence
Of this 1t estimated that in the sales Of the last year
three fourths of the sold and located lands taken
for actual settlement. Large districts of the public
lands valuable however, only for the timber found
upon them they unsuitable for settlement and to
restrict their purchase to settlers alone would prevent
their sale for indefinite period, and hold out stand
ing temptation to trespass and plunder fsa 4
An amendment Of the law fixing the maximum com
pensaton of the registers and receivers restrict
the payment for any quarter fraction OF quarter
pro allowance, both for salary and commissions
is approved and recommended "
Under the bounty-land law of Sd March, 1855, Mrge
sums have been received at of the local land Of
fees for the location of warrants and claims have been
presented by several of the officers for the whole
of fees collected The General Land Office has decided
and the decision has been sanctioned by the department
that in view Of the limitation as to maximum in the act
of goth April 18l8 and the terms Of the I'd and Sd
tons of the act Of 22d March, 1882 in connexon with the
act Of 1855 there is authority of law for the allowance
Of any the maximum compensation for COM
missions, fixed by said act of 1918. tsf5 ta #a
The act of 18th January 1925 authorizes repayment
of purchase money to be made from the treasury in all
of sales of lands made by the local land officers
where the government unable from want of title In it.
self, to issue patents to the purchasers.
Ny predecessors have construed this act MS providing
for repayments in all where from any cause the
sale could not be confirmed and the uniform practice
has been in conformity with that view of the law.
This practice unqucstionably founded in strict JUS
tcc and have not deemed best to disturb It, although
inclined to the opinion that strict construction of the
law would limit its operation to the class Of speci
cally embraced therein Should any doubt be entertain
ed Of the proprey of action in this particular such
amendatory legislation is respectfully recommended rs
may be called for in the premises. 4a'''A "1@"'t
The interesting communication which accompanies
fba pf
Mexico respecting the mineral Of that distant
Territory suggests the proprety of providing for geo
logical survey thereof 1t is not doubted that vast guam
titles Of gold and silver copper lead and iron ores are
to be found ibedded in its soil and their discovery
and development could not fail to conduce to the public
prosperity. N ri gs.ats5tE s..s1 a.aF .f a3ea
The report of the Commissioner of Indian Affairs fur
nishes interesting view OF peculiar people, with
whom this government holds the most complicated rela
tions. .,.stf f.g. a t III; .I.sl#t IA
The members Of the Indian tribes within our limits
while they not citizens cannot with strict propety
be termed foreigners. Domestic dependent nations
their relations to the United States resemble those of
ward to his guardian They look to government for
protection and appeal to it for relief to their wants
While negotiate treaties with the which ratified
with all the soemnity befttng contract to which ma
tons parties undertake to constre and execute
their provisions acknowledging responsibility but such
as we may owe to truth, honor and justice. As the linn
its of civilization have been extended the number of
these children of the forest with whom people are
brought into immediate contact is greatly increased
Treaties multiply rights are acquired mutual obga-
tions assumed obedience is promised the one
part protection is guaranteed the other The Indian
bureau Is grown to be great foreign Office conducting
the correspondence and adjusting the relations Of
than sixty interior governments while 1t Is at the same
time charged with the control regulation and protection
Of the rights Of the individual members of those govern
ments. s8 8ssNt ftF t5 ,rttHH
In the performance of these duties questions are pre-
sented Of the most difficult character in the solution Of
which it is almost impossible to arrive at conclusion
which shall reconcile the necessities of sound policy with
the requirements of the law The intercourse act Of
1884 adapted to condition of affairs which long
or exists, and it might be judiciously modified. The
wide dssimaty too Of the provisions of the various
treaties recently negotiated with the several tribes agree
ing, however in this that legislation by Congress ia
made prerequisite to the full enjoyment by the Indian
of the rights they intended secure to him. fur
nshes weighy for the revision and codfcation
of the laws in force and it is be hoped that Con-
ess will give its early attention to the subject and pre-
scribe in one comprehensive enactment we'll -consd-
cred compact and uniform system Of laws for the regu
lation Of Indian intercourse stag UHftf# aI.
The Indian tribes within our limits numbering about
three hundred and twenty five thousand souls may be
divided into three classes The frstwid rowing fierce
retaining all the Evolutionary characteristics which mark
ed the before the advent Of the white ont
by plumber the uncertain subsistence derived from the
chase To this class comprising nearly thrccfourths of
the whole number belong most of the bands whose hunt
ing grounds lie in the interior of the continent and in
the Territories Of Oregon and Washington These tribes
controllabc only through their fears They
tensiby friends because they dare not openly avow
hostility and this must continue to be the long
they retain their rowing habits Tho Indian Office is
poweess 10 effect any amelotion of their condition
t,tt1 10 sr,l, .tl