New-York daily tribune. [volume] (New-York [N.Y.]) 1842-1866, 1860-12-05


patent because the act of March 1885, not withstand
ing the entry was legally made yet interdics the issue
of patents not surveye prior TO March 3 1857 and
hence the nscessy Of 1e. nS;s Legislation to give
Nor has the Government been in any way unnirdftil
ofhe services rendered by her citizens in the war with
Mexico and in the Indian wars, but has shown gen.
rous appreciation In the ensctments Of 87 1850 1852
and 1855.
The aggregate number Of warrants issued under the
6rst three Laws TO the Seth of September last is 9
i7Ti covering q 0i5 $50 acres OF that number there
have been located $50 $40 warrants embracing %770-
$40 scres; leaving outstanding, INDICATED 63l
rants for 2,z4,64o acres The number Of warrants
issued under the act of 1885, is I'll 3O2 for 600
OF that number there have been located l96 1885,
leaving outstanding INDICATED under this s37
rants Tor 392l $40 acres; making total aggregate Of
warrants, under these laws Of $50 479, for 81 so
acres. OF which there are outstanding, unlocated,
7446S for l96 $50 the particulars OF which aIe In
dicated In exhibits herewith.
Presrption.-In the extension of the general pre-
enption law Of IS4l the States and Territories
want of uniformity has arisen In some instances
the law gives the right Of ing decaraiory statement
within three months from the date Of settlement 9TH
ers from surveys in the field Statutory provisions in
the former, being held by executive construction
late in regard 10 limitation to three months from the
date Of the approval Of the plat OF survey. That rule
should be made OF universal APP lication.
The act Of 1854 extending the act Of 1871 TO Kansas
and Nebraska, should be so modified that two more
settlers on the same quarter section should each be per-
mitted to take the legal sub-diysOn embracing bis
actual residence and make up his quantum upon con-
Sgueus lands.
Settlers upon unoAerod lands, undor present laws,
are allowed up and pay for their lands at any
time PRIOR TO the day VI public sale Of the body Of lands
including their Claims.
would repeat the Recommendation that such settlers
be allowed two years from tie filing Of their declatory
> statemepts at the time making il incumbent TO
offer al public SALE by proclamation all lands that may
have been surveyed within some specified limit as to
SINE after the pLAts OF surve ave been approved.
q n II M
one should be permitted 10 effect an entry until after
the expiration Of three months from the date of fling
his decaratory statement and until he has produced
satisfactory proof OF three months continued residence
upon the Land claimed.
In reference to appeals from the decision of this
Office there are evils which should be corrected There
is neither cost responsibility incurred by the party
appealing Hence, frivolous appeals for purposes Of
delay, revenge, and veXation, are frequent 1t is
recommended that law be passed that the party ap-
peaIng shall do 70 within limited time and only
ben upon hung an affidavit stating his purpose is
Tor delay, vexation of his opponent and indicating
specially the alleged error Of fact or law.
La regard to town-sites ii is held by the Department
that the act Of 18th September, 1884, excludes all lands
within the corporate limits Of town from agricultural
presumption. An act Is suggested limiting the number
Of acres that may lawfully be incorporated. Under
the law ss now construed 1t Is in the power OF Local
Legislatures TO incorporate any extent OF territory
rounding towns thereby interfering with rural pre-
epption rights.
* question has arisen in regard TO Land within rail-
road limits. 1t has been ekimed that there is no law
fixing limitation within which settlement claims shall
be proved up, unless such claims specifically pro-
claimed The ruling Of this Office requires settlers on
railroad sections within the nile limits where the
claim had legal inception before the line of route was
Fixed to prove up and pay for their land before the
commencement OF the public sale Of the body Of lands
20 which they belong whether specifically named in
the proclamation not. 1t viii DC perceived
that they not Feqie ed 10 conform tlis ruling
like all others outside tbe railroad limits in the same
body of lands, they would have uIimited credit and
fhp lie
being required TO show Whether not they had fol
ly complied with the requirements Of law and acquired
the night OF IdeemptOrs. And because, If the lands
occupied by them not preempted, they Of right,
woad pass by the grant to the railroads, and hence
never would be offered.
Graduation Act Of 1854, Cheapeniag the Prize of
Lard long IN MARKET for The Benett q Aetaa! Settlers
and for adjoining Fayms.-To guard against imposi-
ton and fraud In future under this law, the
dsti0n is renewed for the passage OF law requiring
every person applying 10 enter land FOX actual settle
r1eDt and cultivation before being permitted TO do 50,
70 make proof of bona fde actual settlement and Guilt
walton to the satisfaction of the Register and Receiver
Of the proper land Offices and if said proof not pro-
duced within one year from the date OF the fling of the
application and AFFIDAVIT; to enter the claim shalbe null
and void, and the land be again subject TO sale.
In regard 10 graduation entries made since the rene
dial act of Sd March, 1887 1t Is suggested that essa-
ton be had requiring proof Of bona de actual settle
ent and cultivation within year from such enact
ment or that purchasers tier assguees shall make
full payment for the land al 81 Is per and In de-
thuIt tne euug bIhi 20 SehoSHeu si0 AA4u AS9VASO
Under the generic designation of "Priyate Land
Claims" the United States have had to deal with an
immense amount Of land business most intricate and
delicate in ts adjustment. The localities Of this class OF
tilee mark the progress Of early settlement ia our por-
Eons Of the continent.
They begin away on the northern shores Of the Mich
igan lower peninsula, come down 10 the old French
settlement at and near Detroit, pass over to Green
BAY and Prairie du Chen, in Wisconsin, enter into
INDIANA at the old Vincennes Post down the eastern
side Of the Mississippi and in the Illinois, reach Peoria,
Prairie du Procber and the kaskaskas there resting
on ancient British AID French grants, and all within
the limits Of the United States according to the treaty
Of mits in 1888 yet where equitable, recognized and
affirmed by Congress upon the most liberal prindples
Thence such ancient Claims found in descending
the Mississippi under other forms Of grant and granting
oiloers 70 The Gulf OF Mexico, extending into the
southern portions Of Mississippi Alabama and scat-
terinp all over both East and West Florida crossing
the Mississippi and following the shores of the Gulf
.ey are found thiekly scattered over louisiana exist
ing In Arkansas and in great numbers in Missouri.
Ia those localities south Of the 3lst degree east OF
the Mississippi the Pordido, and those west Of the
Mississippi to the present State Of Missouri, inclusive
the grahts are fouded on Spanish and French titles
under treaty Of 1893, and ancient settlements; those
east Of the Perdido in the FloTidas, upon Spanish
titles under the treaty of 1919, aud under old settle
ments.
ists ancient Spanish titles municipal and rural claims
under the Treaty of 1913 with Mexico, and Likewise
IN California found numerous grants Of greater or
less extent requiring adjustment.
Theee diversified claims, when finally confirmed by
Boards by Congress, DEGREES Of Court, are con-
ttanty arising requiring action, whether in having
them surveyed according the ufages OF the former
Governments settling conflicts, or issuing Patents 70
complete the title. ,-,r ..u,-..
.hese claims within our original hGite, and IN the elder
rI1;,,r;al aconifitops have been dealt with parl-