Sioux City register. [volume] (Sioux City, Iowa) 1858-1871, 1860-11-03
From the Washington Constitution.

| FROM the washington Constitution.
We understand that numerous and ur.
gent applications have been made recently
to the President and the Secretary Of the
Interior, for postponemeus of the land
sales advertised to commence on the 18th
inst, at the several laud Offices in Mime
| sofa.
The Secretary Of the Interior, in re-.
cent communication to the Governor Of
that State, has stated some Of the reasons
which control his action in the matter,
and compel him in view Of his official duty
under the laws relating to the public lands,
10 decline to recommend to the President
any postponement oi ths administration OF
those laws.
The reason urged with most force for
deterriug the sale 10, that settlers upon the
lands about to be offered are not able to
make payment for their pre- emption claims
in the time prescribed w the act Of Sep
tember, ls4l, granting .emption rights.
With the difficulties and disadvantage
under which such persons are struggling
the Land Department has . strong SYM
pathy and in view Of the circumstan noes
in this case, and to make known to such
persons definitely and clearly what their
rights are and may be, before aud after
the public offering Of the lands, the Sec
rotary, on the 4th inst, addressed a letter
to the Commissioner of the General Land
Office, from which We have been permitted
to make tho following extract. Referring
to surdry letters he says;
at seems from these letters that great
part of the danger and difficulty settlers
who cannot pay for their land in proper
time appreheud and fear, arises from the
anticipated location of warrants upon
their claims after the public sales have
closed. In relation to this subject, I would
remark that, in the case of Kidd & Smith,
| decided, on the 18th December, 1858.
that the inhibition of the location Of war
rants upon lands UPON which there shall
We an actual settlement and cultivation,
specially prescribed as to previous acts of
Congress, is, by the 4th section of the act
Of 1855, carried to warrants issued und er
that act The same doctrine was affirmed
on the 18th Of July last, il the case of
Kingston and Perkine. 1t follows that, 90
long Is there is an adverse possession and
cultivation of a tract the holder of war
rant cannot make valid location of the
laad. This 10 the result OF the inherant
want Of power in the warrant, aud does
not depend upon the validity or invalidity
OF the adverse settlements and cultivation.
See the case Of Osborne 4 Schenck, Les
ter's Land Laws, page co., Its evident,
therefore, that the fear Of adverse warrant
locations, As entertained by settlers, is i'll
founded.
IL do not see that this Department can
say or do anything to encourage settlers
to defer making payment for their lands
beyond the day of sale. Sould the lands
in such case be SOLD and paid for regu,
larry at the sale by other parties, the pre-
emptors would lose their claims. This
result would be inevitable. But should
their lands be publicly offered, and not
sold, think il will be proper to receive
declaratory notices Of settlers, after the
public offering of the lands, and before
the inception Of any valid adverse claim
or the regular entry Of the land by other
parties; and under these declaratory no.
tees the settlers would have the benefit Of
tho twelve months credit allowed By law
for paying for lands tina. have thus become
subject to private entry.
"The first settlements made before the
public offering of the lands, could not, Of.
ter the sale, be made the ground of any
claim or pre- emption for they would have
fallen by reason Of the failure to say that
valid settlement cannot be made upon
the same tract by the same settler after
the public offering. think this view i.
not inconsistent with the l4.h section Of
the act of 1871, as above quoted and il.
clearly il not inhibited by the 4th section
OF the act Of March 3, le43, which prohi
bits only the filing of a second declara-
tioa for another tract" and not the filing
Of second declaration fer the same tract
"Thsse views you will please commune.
cate Immediately to the Land Officers in
Minnesota"