Red Wing sentinel. [volume] (Red Wing, M.T. [i.e. Minn.]) 1855-1861, 1860-10-17
DEPARTMENT or THE INTERIOR,
. WAsH1NaToN. Oct, 4. 1860.

)" AoNlN0AVNS w. xOVVs
. SIR:-The postponment Of the land sales
in Minnesots advertised to Commence on the
18th inst, has been IS you are aware, stren-
uously urged upon tho Department, as
measure Of humanity to many settlers upon
the lands, who will be unable to pay for
the same before the day Of sale; and by the
l4th section Of the Act Of Congress Of 4th
|of September, l04l, which is tho law upon
which the claims Of settlers principally rest,
it is provided that this act shall not delay
the sale of any Of the public lands Of the
United States, beyond tho time which has
been appointed by tho Proclamation Of the
President; nor shall the provisions Of this
act be available TO any person or persons
who shall fail to make the proof and pay
lncnt, and file the affidavit required, before
the day appointed for the sales Aforesaid"
lhave been compelled by sense Of duty
to adhere to the regular administration OF
the land sales, and to decline, finally, to
recommend to the President, the postpon.
ment SO greatly desired by the citizens Of
Minnesota. aift ..a,l., 4,,...,l -
Herewith enclose to you copy Of my
letter Of this date, to His Excellency Gov
erhor Alexander Ramsey, on this subject
l also send, copies Of his letter dated St.
Paul, Sept. Oath, and Of the letter Of John j:
Porter, Of Mankato, dated the 21st ultimo.
It seems from these letters, that 1 great
part ofthe danger and difficulty, that set
tiers who cannot pay for their lands IN the
proper time, apprehend and fear, arises from
the anticipated location of warrants upon
their claims after tho public sales have
closed: In relation to this subject, I would
|remark that in the case Of Kidd 8; Smith,
/ decided, on the 18th IF December: 1859,
that the inhibition Of 1.-THE location Of war
rants upon the lands upon which there shall
be IN actual settlement ss,d cultivation.
specially prescribed - TO warrants issued I'M.
der the previous aeas Of Congress, is. by the
fourth section Of the act Of 1855 carried to
warrants issued under the act" The same
doctrine was affirmed on She 18th Of July
last, ia the case Of Kingston and Perkins. -
It pillows, therefore, that 20 long as there Is
ah adverse, possession and cultivation Of 4
tract, lhe holder Of q warrant cannot nnIko q
valid location Of the land. This is tho result
lo: the inherent want Of power il, The warrant,
land does 1ot depend Upon the validity Of in
validity Of the adverse settlement ana cult.
walton. See the case Of Osborne and
Schneck-.L ester's Land Laws; page $40.
ie1tis evident, .theteforsp that the fear 81
adverse warrant loestions, a. antsttaiusd by
Issttlers bi H. founded: ;lsdobnot ses that
this department cansayI or do any thing, 70
encourage settlers 70 deter, making payment
for their landi beyond the, day Of ssle.---
Should ths lands il such case be isoid auf]
Ipaid for regularly Il the sale, by Other bar.
lilies, the Pr emptorssa would lose Their
1tlaims.a This result would 10 inevitable,
But should othsiri lands bs publicly offered,
and notisold; 1thiuh it,zxill b. proper ia
irscsive the declststory notices. Of. settlers;
J .ftsf tho public offering o. The; laada and
bSfars the inception Of any ,yalid .dyerse
[elaisa.ec the issular entry Of, tho lands BY
other ,laq,fies, IN! nns:er. those deelsratory
|notiess The settlers would have TIE benefit
lof the twelve months credit SLOWED By Law
for paying for lands that hale thus become
subject to private entry DID aiGI nj
I The first 5et&leesnents, made bsf6re the
public offering f thesands, could not, after
che sale; lbe made the efound of. any claim
Of PIE emp for these wepld have fallen BY
reason, % ehl failure TO pay i'll proper time.
butl am not prepared ia, say that aSyalid
settlement cannot Be made upon the same