Year: 1860

oth, AOOV'J REGISTER AND RECEIVER,

 Little Rock, Arkansas

 Gentlemen: The office of Surveyor Ger eral for the district of Arkansas, having been abolished, the duty of reporting to this office the selections remaining to be made bv the State authorities, will be devoived upon you, so far as the lands are found to be within your district This being the case, it becomes necessary to furnish you with system of instructions which will govern you in your action.

 I have therefore to state the following as the principles established with reference to this grant, to-wlt:

 1st That as the grant contempates the inundation of extensive regions of country, by such natural arteries as the Mississippi. the lands evidently intended to be granted are those which by reason of their swampy character and their liability to overflow are worthless in their natural condition, and whereon crops cannot be raised without re- clamation by leyees and drains. An over flow or inundation from casual cause, mere lv temporary in it's effects, does not bring the lands within the law, and cannot be said in any proper sense to render them unfit for cultivation"-the law contem- plates such long continued operfop, or freshets only as would totolly destry crops and pre- vent the raising of the same without arti- ficial means by levees, etc, such as are found on the Mississippi river.

 2d. Bodies of land covered by shallow lakes or ponds, which may become dry by evaporation or other natural cause, do not come within the meaning of the act.

 Sd. Lands which have been disposed of by the general government prior to the date of their selection connot be claimed as swamp, as they are excluded by direct oper- ation of law from the swamp grant.

 Testimony now, after the lapse of nine years to be available, must be explicit, resting upon personal and exact knowledge of the locations claimed, and must relate to each quarter quarter section or otherequiv- alent legal subdivision. This testimony must be made by parties having no interest present or prospective, direct or indirect. and must state the name of the ricer or aca- ter course, whereby the lands are submerged and rendered useless for arabic purposes in their natural condition.

 I enclose herewith blank form of proof which you will require from the State au- thorities, and if lists of lands of this class are furnished to you accompanied with such evidence, you are directed to report them to this office in the manner set forth in the form "B" herewith, after making a care ful examination of said proof and rendering your own decision thereon as to whether the several tracts are swamp or not within the meaning of the act The evidence furnished by the State should also be sent to this office in separate package, and be marked in such manner as will enable us readily to identify the same with the tracts as arranged in the list to be peepared by you after your examination and decision. You will as required by law exclude from your lists all tracts which have been disposed of prior to the date of selection.

 As soon as the lists are furnished to you by the State authorities in accordance with the requirements in the case, and have been arranged as hereinbefore directed you will make full entries thereof in the proper place in your tract books. with the words, 'State, Oct. 2S Sept, 1950," and the date of the selection. Upon your plats you will indi- cate the lands by some convenient mark of reference to similar note to be written on the margin thereof; and then withhold the tracts from sale or other disposition, unless otherwise especially directed by this office. enclose herewith, also, a copy of the act of 18th March, 1860, limiting the time within which the selections remaining are to be made.

 Very respectfully,

 your obt serv't,

 JOS. WILSON,,

 Commissioner.