St. Cloud Democrat. [volume] (Saint Cloud, Stearns County, Minn.) 1858-1866, 1860-10-18

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DEPARTMENT OF THE INTERIOR. \
.,....<r .,:~ WASHINGTON. Oct.
. NY Z -. = s.. 49, :. 4th, 1860. u
b" SiR:-The postpcnement Of the land
Sales in Minnesota, advertised to COM
menoe on the 18th instant, has been, as
you are aware, strenuo,'sly urged upon the
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 September, 1s4l,
which is the law upon which the claims of
the: settlers principally rest, it is provided,
THAT this Act shall not delay the sale of
any Of the lands Of the United States, be-
yond the time which has been. OF may be
appointed BY the Proclamation Of the Pres
'ident; nor ehal! the provisions of this Act
be available. to any person or persons who
shall fail to make the proof and payment,
and Gle the affidavit required, before the
day appointed for the sales aforesaid"
: 7 have been compelled BY sense. Of du-
Ity, to adhere to the regular Administratio
Of The Land Laws, and decline firmly to
recommend TO- the President. the postpone
uient 60 generally desired by the citizens of
Minnesota. :, .s,..,.~ ,.... -: ..t.4
q Herewith I enclose to you copy Of my
letter, Of: this date. to his E1cellepcy. Gov
ernor Alexander Ramsey, on this subject.
], also send copies Of his letter, dated St.
Paul, September Gath, ana Of the letter of
John J. Porter, Of Mankato, dated the FL
ultimo, It seems from these letters, that
= great part Of the danger and difficulty
that settlers who cannot pay for their lands
in proper time, apprehend and fear, arises
from the anticipated location Of warrants
upon their claims after the public sales
have closed. ia 10 relation to this subject I
would remark, that in the case Of Kidd t.
Smith, I decided, on the 18th Of Decemb.
er. 1858; that the inhibition Of the loc@tion
"of warrants upon lands upon which there
shall DO m actual settlement, and cultiva-
ton, specially prescribed as 10 warrants
issued under the Acts Of Congress, is, by
the 18th section Of the Act Of 1855, carried
to warrants issued under that Act" The
same doctrine was affirmed on the 18th of
July last, as in the case of Kingston t.
Perkins: Il follows therefore, that 10 long
as there is an adverse possession and cult
walton Of tract, the holder Of warrant lrlr.lt
cannot make = ratio location Of the land
This is the result Of the inherent want Of
power in the warrants, and does not depend
upon the validity Or ir validity of the ad-
verse settlement ard cult walton Zee the
case Of Osborn y Schenck 3; Testers Land
lew, page 62o:), Il Is evident therefore
that the fear Of adverse warrant locations,
as entertained BY settlers, is il,-founded.
i do not see that this Department can say
or d. anything to encourage settlers to de-
fer making payment for their lands beyond
the dsy Of eale. Should the lands, in such
: case be sold ard paid for regularly at
the sale by other parties, the pre:emptors
would Lose their. claims This result would
be inevitable. .Butshould their lands be
publicly offered, and not sold, Think it
will be proper to receive the ,declaratory.
notice, Of settlers, after the public offering
of' the landa, and before tho reception Of
any, valid adverse claim, Or the regular en-
Try Of the land BY other parties, and under
those declaratory notices, hesettlers would
have, the benefit Of the twelve months
credit allowed BY Law for paying for lands
that have; thus become subject to private
entry "t' ',@3.a"ssq. u so;.f" 10 a.i'4o Z
The The first settlement. made before. the