Memphis daily appeal. [volume] (Memphis, Tenn.) 1847-1886, 1865-12-15

lOu OF ne QLNersileu aLu lmpoAt"N
public interests under its direction.
LANDS.
1t appears from the report Of the Con-
missioner of the General Land once
that during the fiscal year ending June
thirtieth. eighteen hundred ana SHY
five, public lands were disposed Of as Iol-
lows:
Acres sold for "'T
Acres located with military war ..psoco
--ara0r
Acre located with agricultural scrip s'l'I0-
Asrss s sasSt snealul- COZ ss,S5s,u
Aers approved 70 the states as 200 a.
swamp lands ----------- "f'
Ae5@ approved to lae states loI sr,A5,s
Ais 5s taken under the nom l,l6O,zaR
Total 4,5ls,7s,4e
DnrIuE the quarter ending Sepiem-
hers. ISIS. the aggregate quantity -
taken for the same purposes was ~ OWLS
Making. during i've quarters, the
total number OF acres o'asi'@@s
The cash receipts from sales, home
stead and location fees, for the same five
Quarters. ending September3 80, 1865, were
Sl.03S, 400 IS
The cash sales for the year ending June
80. 1865. amounted 20 S74S,427 p, an eX-
cess u S10.420 o. over the sum received
from the same source the previous year.
During the fiscal year ending June 30,
1855, 4,I6l, rs acres of public lands were
surveyed. The aggregate quantity Of
surveyed public lands undispOsed Of Sep
TENDER so, 1865, was l32, IS, o35 acres.
Owing TO the failure of the appropria-
ton for that purpose at the last session
of Congress, no contracts nave been
made for surveys during the current tis-
cal year, except where there were uneN-
pended balances from previous years, or
where the expense Of survey was de-
fraved by private parties.
The act Of September fourth, eIgn-
teen hundred and f0rty-Oue, and the sup
elemental act Of March third, elgHteeH
hundred and fo~rty-three, confer upon ac-
Uual settlers, upon certain -peclheJ cendl-
lions. the riEhtto acquire by presumption
surveyed public lands. Since that time
the right has been, by various acts, eS-
tended 90 the surveyed lands, but the
period within which the claim must be
preferred after settlement differs IN the
several States and Territories, although
proof and payment must be made IN All
before the day prescribed by proclama-
ton Of the President for the sale Of the
body ofIands within which the pre-emp-
ton claimant has settled. In some the
claim Of settlement must be flied within
three months after the return of the ap-
proved plat or survey 70 the local land
offices / Others WithiusiN months there
after. IA Others within three months af-
Ter the survey has been made in the
field, and in some Of the newer Terrific
Eie- there is no specific provision on this
subject. but ali laws Of the United States,
mich are not locally ~iuapphcshle, are
declared % be in force. The act Of June
sixth. elEuteen hundred and ~siNty-JwO,
establishing q land Office in Colorado
and for other purposes provides that
when UnsUrveyed lands are claimed by
-r+-emguUu. notice of the specified tract
claimed snail 5e died within six months
arer the survey has been made in the
and mat on failure 10 file such no
tic-. OTTO pay for the tract claimed within
twelve months from Uhe-hlingOf such no
lice, the parties claiming such Land shall
forfeit all their right therein. This act
has been interpreted in s0me Of the local
Offices as having exclusive application 10
the Territory OF Colorado. This depart
meuU has not upon appeal involving any
contested right Of pre-empuOn, decided
whether the terms DftLe act are not suth-
-Ieutlv broad TO make il applicable to al
..usurveved lands 70 which the pre-emp-
ton e-ttier claims q right. Further leg
station Is. however recommended 70 re-
move ambiguity and secure harmony in
the enforcement of this beneficial policy
in all the land states and Territories.
No reason Is perceived FOR various and
somewhat conflicting laws On TINS sub
.ecr IN different localities. Afew general
provisions IN regard TO Uusurveyed lands
would suffice: the acts of eighteen hun
ired and fGFrv-Qne end eighteen hundred
aud ~tOrry-Jnree need no amendment.
They regulate the right Of pre-emptlgn %
such public lands as have been surveyed
10 the date Of settlement
The Homestead Law has been IN Ope-
since the first day of January,
eighteen hundred and siXty-three. Large
lJl as Of lands have been entered under
rs provisions. Five years continued res
deuee j. necessary 10 the perfection of
he title ola Homestead settler, unless he
refers 90 purchase the lands at the min
mum price. and obtain a patent. II is
.srmated that from forty to fifty per
of persons who have 81 claimed the
.uINIpUE OF the Homestead Law Will
refer 10 make payment, and thus secure
Tile before the expiration Of the period
il would otherwise vest. ThenOm-
sum paid by the Homestead settler,
..NA NIaE aNN Will AN NHAH w NAAN va ]
,ficer. are sufficient 70 cover the eX-
,euse incident 10 the survey and the dis
,osal Of the land.
In the enactment Of this law Congress
vas doubtless Influenced by the convic-
that the settlement and cultivation
4 the public lands were objects Ofgreater
Importance 10 the nation than the in
rea-ei reveuue that might be derived
their sale; and future experience
viii. il Is not doubted, attest the wisdom,
Is well a. the benefcence, of this leEisla-
approve OF the suggestion Oflhe Com
missioner of the General Land Office,
hat the law should prescribe q time
within which an appeal should be taken
the decision Of the local officers 10
he General Land Office, and from the
after 10 the department
Il is a matter OF the utmost importance
o the settlers in Arizona and New Mex
90 that early provision should be made
law for the adjustment Of Spanish and
ieXicau titles arising under existing
resties with the Republic Of Mexico.
Is the determination Of disputed titles
involves questions essentially Judicial in
character, il seems to be proper that
be tribunals Of the United States should {
y charged with the performance Of this
I'M conformity with b legislative Z
..recedents ia regard % claims in LOUISE I
ma and other states. A period should 7.
e prescribed for prosecuting claim Of .
lie, and the decree OF the court should
etermiue not only the validity Of the ,
but also all Incidental questions re- 7
tring 10 the limits of the land claimed,
-hica could not be- properly determined
~ The Commissioner OF the General
and Ohce IN ~ survey and location on ,
BE- earlh's surface. in regard 10 cases
eret8tore confirmed, the couhrmee
l1uId be required 10 have surveys made I
his Owl expense, under the surveyor Z
-eueral. subject 10 the supervision OF 1
be- Commissioner Of the General Land Z
.flce. and the ultimate control Of this I
e Ar1ueut. and where such claims are I
-yJse and underlined extent, some Im!- ,
-L8u 4s 70 quality should DC imposed
y law. 7
'Tse Commissioned of the General Land 4
iae las held thai the United states, as +
.- successor Of Mexico, has the exciU- r.
ge ana paramount right tOau such sites :
b may be- Indispensable for forts o. other .
45.c Uses and This right viii be en-
freed ulless Congress shall otherwise 4.
The organization ola Bureau Of Mining d
A. recommended in the last annual re- Z
CIT Of JlIs department, and the atten-
o. Congress is again invited % the 4
All lands deuOninaued mineral, r
-n.al do not bear the precious 4
le-al-. should be brought into p
larkeL aha thus placed under the 4
uarlIau-Lip OF private owners. In q
o other mode, ii s. believed, can the =
re4t forests OF timber, the growth Of =
snturIes. and OF vast value % the ma /,
be elect-aIly pre~servedf-Om waste. I
Individual propr-e-Jrsllp, il Is conceded, h
.Ould stimulate The development OF coal
eds. petroleum, deposits of iron, lead, .
z other grcss metals and mineral forma- Z
There can, therefore, he no suli- u
emf reason for Withholding such min .
-aI lands from market. Congress has y
1- .a..-lated with a view 10 securing an u
come from the product of the precious c,
.-r.t- nom the pubic domain. II Is e. 81
that two CT three hundred ID
--r-srd able bodied men are engaged v
-uch mining operations on the public o.
.u5. without authority Of law who pay +
5.giur 10 the Government Tor ID priv a
or for the permanent possession OF y
-aDertv worth. IN mary instances, mil y
)us % the ciaIment.
The existing financial condition OF the
stion obviously requires that all our ma !
lcsI resources. ana the product OF every =
.du-rrfaI pursg.f should contribute 70 :
.H-H. -~.arf.na1 GQbf Ing -