The weekly Floridian. [volume] (Tallahassee, Fla.) 1867-19??, 1889-07-09

be reported to the General Land Once.
(2) The States to select the lands by
their own agents and report the same to
the Survcyor-Gcneral with proof as to the
character of the lands.
The State of Florida elected to select
the swamp lands granted to her under
said act by her own agents. The total
number of acres of swamp lands and over
flowed lands selected as innuring to the
the State under the swamp land grant OF
September %, 1850, reported to the Com
missioner of the General Land Office by
the United States Surveyor-General OF
Florida, to June l, 1888, was 20,259,-
323.59 acres; amount so selected and
reported prior to March 3, 1857, was H.
63O,27l5l; amount reported since March
3, 1857, S,629,052.O8.
By the act OF Congress approved March
3, 1857 Il Stat, PSI selections of swamp
and overlooked lands under the act of 1850
heretofore made and reported to the Gen
eral Land Office so far as the lands remain
vacant and unappropriated and not inter-
ferred with by actual settlement under
any existing law of the United States,
were confirmed to the States and the APP
proval and patenting Of the same to the
several States was directed and required.
BY this act II $50, 271.51 acres of swamp
land selected and reported to the Com
missioner of the General Land Office prior
to March 3, 1857, were confirmed to the
State of Florida, whether in fact swamp
lands or not. OF the S,G29,O52.OS acres
reported since March 3, 1857, there have
been approved by the Secretary of the In
terror 5, l3l ,944.32 acres. OF the lands so
approved there have been patented to the
State + 1858, 1880; and there are remain
ing unpatented of such selections $685.
7lS.5S acres. But comparatively small
quantity of lands have been approved or
patented to the State since September,
1870, and none have been approved or
patented since June, 1885.
Among the witnesses examined before
the committee was Mr. :. H. Edwards,
chief Of the swamp-land divisions in the
General Land Office. From his statement
it appears that III every case where the
lands selected by the state Of Florida Is
swamp and oVcrtloWed lands have not
passed beyond the control al the General
Land Oiiicc, either hy confirmation ot he
selection, by the ACT o. l~5-, or hy Az
prot /. and pa;ru' az >rlcctiou~ Since ,h4j
dttc, persons 6ia4 ali la1i;> alleging
that lands selected by tac N,a'care uo'
swamp or oNer;loWod lama within the
meaning OF the grant aTo allowed 10
contest the ~,Atc'~ claim &C. thc lands:
aud that IN @,ch contest for lands which
have no, been patented the burden e
proof ol thc c ,r4ctcr of the Ia'id i, upon
the State. i tppear9 also that the Stat.
makes 10 deicn>c, bat allow, her claims
to be rejected in such cases without pro-
test o. obj .ction. Before selected lands
are approved or patented to the State
they are thoroughly and carefully exam
med in the ticid by an agent Of the GOV
eminent appointed by the Secretary OF
the Interior, and are not approved to the
State unless his report shows them to be
ia fact swamp and ovcltowcd lands.
nder this state of the law and OF the
practice in the Department. it does not
appear to the committee that any further
legislation is required to secure to settlers
upon the public lands in Florida the RIGHT
to assert their claims and to secure title
to lands which have been selected by the
stlte as swamp lands, but have not been
approved TO it.
The next subject Of inquiry is whether
any legislation should be had to author
IL. the institution OF legal proceedings to
set aside patents which have been issued
to the State for lands selected bv the
State under said act of 1850 as swamp
and overflowed lands. AS to the manner
Ot select inU hose lands wa uuoto 1ho Col
lowing from the statement OF the trus-
tees of the internal improvement fund of
Florida above referred to-
As to The selection of swamp and oveflowed
lands we have only to say that they are selected
by agents uHder the employment o; this board
but the proof Of their character i, made NOT to
us bat to the Secretary OF The Interior OF the
United States, who considers the proof, causes
the lands 10 be examined by his own agents,
and determines whether or not the lands selected
are swamp and overlooked.
\ serious question arises as to the
power OF Congress in the premises
if it shall be proposed to authorize pro
ceedingS to be instituted to set aside
patents which have been issued TO the
state for lands selected in the manner
above described BY the act Of Srptrm
Der IS, 1880, it was made the dntv of the
Secretary VI the Interior 20 pass upon the
question OF the character OF tine lands Sc
lcclcd under ii, and To IN Ike ont accurate
lists and plals OF the lands granted by
the act when they had been selected, and
t" cause a patent to beiSsucl to the State
therefor.
Without passing upon he question as