The Shasta courier., 1858-12-25
Public Lands---The Bennitz Grant.

EDS COURIER The settlers of our county,
am informed, are beginning to awaken from the
Rip Van Wrinkle sleep in which they have here
tofore INDUCED in regard to their titles 1t is
time that they should. large portion of the
surveyed lands IN this county will be offered
for sale in February next-and in regard to each
separate claim on land not withdrawn from sale,
some definite action must be taken-some posi-
tive proof furnished, in order to prevent it from
being offered to the highest bidder.
In regard TO minerals, proof should either be
furnished that the lands are more valuable for
mining than for agricultural purposes, which
will prevent them from being sold, or rice cersa,
which will enable settlers to pre-empt or other
wise enter them. have forms of affidayts to
be used in either case.
1t will not be necessary to show that declara-
tory statements have been filed in order to en-
title settlers to pre-emption. All that is re-
quired in this respect is to show that there is no
conflicting valid claim or title. Nor will it be
necessary to take witnesses to the land Office
their anidavits can be taken in the county,
Where lands are pre-empted however, it will be
necessary for the settlers themselves to go to
the land office and take an oath there establish
ing their title, &c.
In regard to school lands, my impression is
that there is still a small quantity in this dis
trict subject to entry. There cannot be n1nl(
however
As to the lands claimed by the Bennitz Grant
it seems that but little, if anything, can at
present be done by settlers thereon in per-
fecting their titles unless it is purchase school
warrants, and hold them until the lands are
again placed in market This might be adyan-
tageous to those wishing to enter more than 100
acres, rs the holders will always be entitled to
locate them on surveyed public lands to which
there is no conflicting valid title, and to float
them on to other lands, if their previous attempts
to locate are unsuccessful.
Shortly after discovering that nearly all the
surveyed lands in Shasta County, cast of the
Sacramento river, which had been offered for
sale, were claimed by the Bennitz Grant, wrote
to the U. S. Surveyor General, giving him the
corders books of our county, and suggesting
to him that as township 81 !, range and west,
did not appear to be included within it's limits,
it would perhaps be well to place them again in
market To this letter received the following
reply from the Surveyors office, dated Oct. 81,
1858:
ain the matter of Township 81, north, ranges
3 and west Mount Diablo meridian, withdrawn
from sale, would inform you that section 9th
of the act providing for the survey of the public
| lands in California, &c, says that " all lands
claimed under any foreign grant or title" are ex-
cepted from pre-emption. The above townships
are SO claimed and until final decree of the
competent Court is had in the matter, confirm
ing or rejecting the same, this Office has no
power. Upon q final decree in the grantees
| favor, we can run the exterior lines of the ran
cho, and close up the public surveys thereon ;
until this is done, we have no means of know
ing which are public and which private lands
and as a matter of safety to the grantee on one
side, and the United States or the pre-emptor or
the other, we must except these townships from
sale. We have power to investigate the sub.
ject, as that belongs wholly to the United States
Courts, upon whose decisions all private grants
are surveyed. The United States have certain
rights in these locations as we'll as the grantees,
and the decree of the Court may possibly give
the grant in question different location in
many particulars, from that found in the books
of the Recorder of your county.
| 1t is the desire of Mr.. Vaudeville, the Survey
or General, as far as he is concerned to forward
the work with dispatch, so as to enable the set
tiers to perfect their locations; but think you
will agree with him, that we must wait the final
action of the Courts before sale and patent is
issued, which might hereafter be revoked.
Yours, respectfully
0. P. SUTTON, Chief Clerk.
From this it appears that SO far as entering
the lands claimed under the Bennitz Grant is
concerned, the hands of our farmers are tied
they Gun do nothing. If the case still remains
undecided at Washington, it is possible that
something might be done by corresponding with
the United States Attorney General, forwarding
him evidence, &c. In fact it is the only thing
likely to result benefcially to the settlers which
could be done under the circumstances. This