The state rights democrat. [volume] (Albany, Linn County, Oregon) 1865-1900, 1872-01-05
LETTER FROM GOV. GROVER 10 THE
SECRETARY OF INTERIOR.
SrArE OF OREoos,
! EXECUTIVE 0FrrcE,
SALEM, November 8, 1871. !

10 He secretary qy Re Interior:
j SIn-I beg leave to call your atten-
ton to the right Of this State to hold
the swamp and overfiowed lands
within her borders. not disposed of
BY the United States before March
Ia, 1860. BY the act OF Congress,
Iapproved September 2s.. 1860. it
was provided THAT to enable the
State OF Arkansas to construct the
necessary levees and drains to re-
CLAIM, the swamp and overfowed
lands therein. the whole of those
swamp aud oyeraowed lands made
anGt thereby for cultivation. which
shall remain unsold a. the passage OF
this act. shall be and, the same are
hereby granted to said State THAT
it shall be the duty Of the Secretary
of the Interior, as soon as may lie
practicable after the passage Of this
act, 10 make out an accurate list and
piats Of thel lands described as ajore
said and transmit the same 10 The Gor-
eraor of the State of Arkansas" and
at the request of said Governor to
cause patent to be issued to the
State therefor. enc ., .....
I By the act of Congress approved
March II. 1860, the provisions of the
last named act were extended to Ore
gon. The second section of this act
provides ''that the selection to be
made from lands already surveyed in
each Of the States. including Mime
sofa and Oregon, under the authority
of the act aforesaid, and OF the act to
aid the State of Louisiana in drain
ing the swamp lands therein, approx
ell March 2, 1919. shall be made
within two years from the adjourn
ment. of the Legislature of each
State at its next session after the date
of this act; and as to all lands here
after to be surveyed. within two years
from such adjournment at the next
session after notice by the Secretary
of the Interior 10 the Governor of the
State that the surveys have been COM
pleted and confirmed"
/ You will observe that by the act OF
4 Sept. 28th, 1850. the first step vital
to the complete investing of the title
of these lands in the State is to be
taken by the Secretary of the Inte-
rior. He is ''to make out an accur-
ate list and plats of the lands des-
cribed as aforesaid. and transmit the
same TO the Governor of the State"
interested in the grant. ''as soon as it
may be practicable after the passage
of this act. land at the request Of
iof said Governor cause q patent TO
be issued 10 the State therefor"
1t is also provided by the act of
March IL. 1860. that the selection OF
these lands in districts then surveyed
should be made within two years
from the adjournment of the Legis-
lature of each State at its next ses-
SION after the date of this act and
as to all lands hereafter to be sur
veyed within two years from such adj
journment at the. next session after
notice by the Secretary of Hte Inferior
TO the Gorernor Of the STATE 6tat The sur
/ reys hare bean completed and confirm
ed"
Although more than eleven years
have elapsed since this State has been
/. entitled to q segregation of the
swamp and oyerfiowed lands within
her borders, currently as the surveys
have progressed, yet nothing has
! been done, to the knowledge of this
Office. by the United States Land De-
partnent TO that end Itis true that
:. letter was addressed to the Govern
or of Oregon, bearing date May Dist.
1860, by Commissioners Joseph s.
Wilson, of the General Land Office.
4 notifying him of the Swamp land
4 grant. and asking; First, whether
the State would be willing to abide
by the field notes of the surye, s. as
designating the lands; and second,
whether in the event OF non-accept-
ance OF these notes as basis, the
:! State would furnish evidence that
any lands are of the character en-
tbraced by the grant. .ae.3.
il This letter seemed merely to be
; preliminary to action by the Secreta-
\ ry of the Interior in his work of pre-
pairing .''list and plats of the lands
|described, to be forwarded to the
Governor, as. required by the law
: But no lists and plats have ever been
received by the. Governor, nor has
any, notice ever been given to the
!. Executive of this State. that the sur
4 veys embracing the swamp and over.
= flowed lands have been completed
si;apd confirmed. }. bna 80 ~. :.
f. For the purpose of information as
: to what .actions if any, had been taken
4 by the Land Department toward a
4 segregation of these lands, according
4 to the provisions of the acts of Con
gress recited herein, I addressed q
letter to the Surveyor General oi
Oregon, asking what instructions, if
any, his office hal received in relation
to the survery of swamp and over.
flowed lands 10 this State. His an
swer, copy of which is hereunto ap'
pended, indicates that "no CORES.
pondence has ever been had between
the General Land Office and this
tSuryeyor General's) Office upon the
q subject ea
" You will observe that by the sec
, ond section of the act of 18th March
1860, the selection of swamp lands
from districts then surveyed was linn,
tied to the period of two years from
the adjournment of the Legislature
.fof this State at it's next session after
the date of this act, which period
: elapsed without. action on the part oi
the Secretary of the Interior, as di
i rected by the law, and consequently